If the claimant is using direct deposit, continue and advise the claimant to submit his bank records as evidence. Appeals are divided into two categories: Clinical and Administrative. How much was the claimant paid? what was the sentence How much did the claimant receive? Although it is rare, there have been cases in which, The Hearing Officer must administer the oath to the, An appeal evolving from an investigation of the Benefit Accuracy Measurement (. did the claimant misrepresent her capabilities "Usually testimony is taken first from the party who initiated the separation. If the parties have several witnesses, the Hearing Officer should determine who will act as the primary representative for the purpose of questioning witnesses, among other things. The tape from the good cause hearing will not be replayed; however, the non-petitioning party may have a copy of that tape. The witness should be required to answer definitely the question before proceeding to the next question. Hearing Officers should not proceed to run a prior hearing into the time allotted for the next hearing. Questions asked too rapidly will frequently destroy the answer the witness is trying to give. No individual may be disqualified because the individual left work because of a medically verified illness of the claimant or claimant's minor child, injury, disability, or pregnancy if the individual is available for work. To whom did he speak? To whom did he speak? Follow the instructions for sending an appeal. - how he contacted each company The parties have the right to examine documents introduced into the record. A subsequent Statement of Regular UI Benefits would have been mailed to the claimant. (Try to establish a specific date to see if the employer received it prior to the protest deadline.). What was he told? However, if the new evidence would result in an adverse decision, another hearing must be set to allow the claimant rebuttal opportunities. Proper implementation of this provision for placing witnesses "under the rule" may be problematical in the case of an employer which is not a sole proprietorship. What was the outcome of the discussion? how was her health affected If the parties have difficulty hearing each other because of a poor conference connection, it may be necessary to replace the call to improve the quality of sound. any prior discipline for conflict with or harassment of co-workers? What did the claimant earn during each week in question? In cases where a hearing has been reset under Commission Rule 16, the Hearing Officer should play the testimony from the previous hearing for the opposing party present at the subsequent hearing. (if filing on-line) [state employer's name]? The Hearing Officer should make every effort to resolve the wage credit issue even if neither party appears. what was incorrect If the appellant for the next scheduled hearing fails to call in, the hearing officer, after calling and dismissing the appellee, may continue the hearing in progress into the time allotted for the next hearing. This is required to comply with the Gutierrez settlement. did she refuse to do the job How does the employer mail: Does the person testifying mail correspondence or does he/she give it to someone else, like a secretary, to mail? Decisions based on a void determination are also void. Whenever the Hearing Officer detects a cordless phone is being used, the Hearing Officer should ask if the party has a corded phone available and give the party an opportunity to switch to a corded phone. Care must be taken that testimony does not become unduly long, repetitious, or irrelevant. Did anyone else observe this person faxing the appeal/petition? The Hearing Officer should limit testimony to relevant matters, but should not refuse to call a witness. To access your appeals worklist at any time, go to "Claims & Payments," then select "Appeals.". Statements taken by an investigator during the initial investigation of the claim, documenting the prior decision-making process, will be included in the information packet mailed to the parties with the hearing notice. It's always helpful to make copies of these pages and send them to the parties before the hearing and then admit the pages into evidence during the hearing.). At that time the claims examiner can simply close the Reporting determination and leave the Filing determinations alone OR the claims examiner can reverse the three determinations. From the Appeals Benefits system, you can print the screen under the Certifications tab. How many days did the party think it had to appeal/petition to reopen? In legal terminology, a "hostile witness" is merely one who is called by the opposing side or who is not expected to be friendly to that side. In order to request a hearing by an ALJ, the amount remaining in controversy must meet the threshold requirement. If the reversals are done within fourteen days from the date the determinations were mailed, they are valid. Section 201.091(b) of the Act provides that an individual is partially unemployed in a benefit period of less than full-time work if the individual's wages payable for that benefit period are less than the sum of the benefit amount the individual would be entitled to receive if the individual was totally unemployed; and the greater of (1) $5.00; or (2) 25 percent of the benefit amount. For example, if the claimant answers that he was unavailable for work, unable to work, did not look for work, was separated from a job he had, was attending school, or refused an offer of work during the benefit week, the Commission will need to investigate. When a witness placed "under the rule" is called for testimony, the witness should be reminded on record that he or she is still under oath. (Different sections in the booklet address this issue. When is the mail picked up? when did employer learn of incorrect voucher This procedure should be followed until neither side wishes to add any additional relevant testimony. What was the claimant's filing day? When? How was he told he was to file his CCs? If the number of witnesses is small, and it will not detract from the seriousness of the ceremony, the witnesses may be sworn in as a group by the Hearing Officer. Was the initial positive conformed with a GC/MS test? Fact Pattern: Claimant discharged for fighting with co-worker. Do not interrupt, except to maintain control. Click the PROGRAM INFORMATION in the left nav bar. What date? was claimant advised to maintain insurability For what types of jobs is the claimant looking? Had the school district normally sent the claimant a letter in the past? If a claimant does not report for their session, this information is transmitted from Work in Texas to the claims system and it generates a fact finding statement. Could the party have rescheduled whatever prevented it from participating? When did the claimant file his claim for benefits? (per week, per month, etc.) Texas Rule of Civil Evidence 614 ("The Rule") provides in relevant part that "This rule does not authorize exclusion of (1) a party who is a natural person or the spouse of such natural person, (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of his cause.". Nor should the Hearing Officer indicate the hearing will be adjourned unless any one has anything else to add. The Hearing Officer should reset the hearing if the Hearing Officer continues to get a "fast busy signal" after diligent efforts. If party is alleging non-receipt: was claimant aware of policy (if applicable). Disclosure, appeal, and transparency requirements Qualifications of reviewer Other provisions Applies to: AL Ala. Code 1975 27-3A-5 2 business days of receipt of request and all necessary info received Plan must complete the adjudication of appeals in 30 days. employer's policy on relocation Does the claimant have wage credits from any educational institutions? Questions should be framed in language that the witness understands. Did the party read the determination/decision? Some of the Sections of the Texas Unemployment Compensation Act which should be considered are 207.041, 207.042, 207.043, 207.021(4), 207.048, 207.049, and 207.052. A proper form of an affirmation for parties and witnesses is: "Do you solemnly swear that you will truthfully and accurately interpret all the proceedings and translate all documents in this case to the best of your ability?". It is also dangerous to refer to an individual who is about to testify as a "hostile witness". the claimant, in fact, left the area of employment to accompany their spouse; i.e., was the claimant's quitting proximate in time to leaving the area of employment? (If the claimant is the petitioner, you will need to check the CTAH screen in the mainframe Benefits system (or Claimant Info in the Appeals Benefits system) during your pre-hearing review of the case to see if the claimant filed any address changes. begin? Of course, any hearing of a jurisdictional issue must address itself to proper mailing addresses. In that case, instruct UISS to change the name of the LEU and mail a new claim notice to the correct employer. Who will act as the employer's primary representative? In the event the participant cannot or will not to pull over, the Hearing Officer should proceed with the hearing. What school? For older cases, the claimant might have been paid benefits by state warrants. did employer take corrective action The Hearing Officer should be liberal in deciding what might be considered adverse to a party's interest. The file should be retained by the Hearing Officer pending resetting. If such person does not mail or otherwise deliver the notification to the Commission within 14 days (prior to September 1, 1997, 12 days) after the date notice of claim was mailed by the Commission, such person waives all rights in connection with the claim, including rights under Subchapter B, Chapter 204, other than rights relating to a clerical or machine error as to the amount of the person's chargeback or maximum potential chargeback in connection with the claim for benefits. Section 301.073 of the Texas Unemployment Compensation Act grants immunity from prosecution for any criminal matter, if a party or witness is compelled to testify after having invoked their 5th Amendment privilege against self incrimination. To do this, it is necessary to verify that it is the document that it purports to be and that it is actually the agreement which is or was in effect at the time of the circumstances under investigation. Law Cite: Section 207.021(a)(4) of the Act provides that an unemployed individual is eligible to receive benefits for a benefit period if the individual is available for work. The written decision should state the reason for non-attendance and whether you are finding the claimant had "reasonable cause" or not for failure to participate. If employer, how is the mail routed? Issue: whether the claimant was able to work. If he attended college, which college? What was he told? ), (For both situations, make sure you familiarize yourself with the fact-finding statements in the file, and if the claimant's testimony in the hearing conflicts with those statements, ask him about them and admit them into evidence.). In any hearing in which the threshold issue is timeliness of protest/appeal/petition to reopen, the Hearing Officer may terminate the hearing upon the conclusion of all testimony on the jurisdictional issue alone if he or she is certain that the decision clearly required by the evidence in the record is that of dismissing the appeal or petition to reopen for lack of jurisdiction or affirming the determination that the employer had filed a late protest. If the Hearing Officer finds from information in the file that the hearing should never have been scheduled (e.g., the determination was not adverse to the appellant, the document identified as the appeal was not really an appeal, etc), the Hearing Officer should cancel the hearing. If the employer can't fax it to you, have him mail it to you and the claimant, continue the hearing, and admit it as evidence during the next hearing.). For in-person hearings, microphones should be placed closer to the parties than the Hearing Officer. Put the witness at ease. prior incidents with claimant/prior warnings If the protest was hand delivered, on what date was it delivered? Has school resumed? The Hearing Officer should attempt to locate a correct number through file records. Did the claimant perform services for a governmental entity that provides services to educational institutions? Claimants who file on-line or through the Tele-Center are specifically told about their responsibilities regarding work refusals.). The Hearing Officer should not ask questions that call for conclusions, such as: "Was claimant intoxicated?". If a party has requested an interpreter, the party should not be pressured to continue without one because an interpreter was not available. If the overpayment is reversed, the amount is entered in the "amount adjusted" column on the PCOH screen and the overpayment amount reduced accordingly for the weeks in question. You may need to make copies of those pages, send them to the claimant (and the employer if one was notified of the hearing), and admit them into evidence during the hearing.). Fact Pattern: As an economy measure, employer reduces claimant's weekly salary; 3 weeks later claimant quits, alleging wage reduction as motive. If at the close of all jurisdictional testimony and conceding the credibility of all that the appellant or petitioner has testified to, the appellant's appeal (or the petitioner's petition) should nonetheless be dismissed for lack of jurisdiction, this is a clear-cut case for summary judgment. Is about to testify as a `` fast busy signal '' after diligent efforts nav bar records as.... Should limit testimony to relevant matters, but should not ask questions that call for,... 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