TOC
Post-Employment
TOC
- Main
either party
may appeal in writing to the Appeal Tribunal, which will then mail a
notice of hearing to both parties
most
appeal hearings are held by telephone; in special circumstances, such
as when a hearing-impaired party or witness is involved, the hearing
can be in person
appeal
hearing officer puts witnesses under oath and gathers written and
oral evidence from both parties prior to issuing a written decision
there is
a further appeal available - the three-member Commission, whose
members are appointed by the governor to represent claimants,
employers, and the public, makes the final decision
the
appeals board reviews the entire record in the case and issues a
written decision
after the
final appeal decision is issued, a party may either:
file a
motion for rehearing within a specified period, if the state law has
such an appeal step - generally, a motion for rehearing, in order to
be granted, must offer specific new evidence, present a compelling
reason for why the new evidence could not have been presented
earlier, and give a specific explanation of how the new evidence is
so important that it could change the outcome of the case
file a
further appeal to a court, again within a specified period following
the issuance of the appeals board decision
if a motion for rehearing is filed and the appeals board denies it, the party may file a court appeal thereafter