This article is designed to help you understand and prepare for your Unemployment Insurance Benefits Hearing. This post, entitled A Typical Unemployment Benefits Hearing,
will give you an idea of what to expect during your hearing, and how you can best prepare for the hearing. As you read this article keep
in mind that your hearing is your opportunity to present your case. Make sure you prepare well so you can do your best.
Unemployment Benefits Hearing
or ALJ is an independent decision-maker for the State of Oregon. In an Unemployment Benefits Hearing, the ALJ will hold a hearing
with you and the other parties in the matter. During the hearing, the ALJ will ask questions of the parties, and any other witnesses, to determine the facts of the case.
You and the other parties will testify, and you may have other witnesses testify or submit written information for the ALJ to consider.
After the hearing, the ALJ will make a written decision about the case, and the ALJ will make the decision based on the information presented
at the hearing. Each party will receive a copy of the ALJ's decision about one week after the hearing. furthermore, the party can ask for a hearing.
The Office of Administrative Hearings will schedule the hearing and mail a Notice of Hearing to the parties. The Notice of Hearing has very important information about
how to participate in your hearing. It also has notice of your rights and the laws and rules for your case. Make sure you review all over this information carefully before the hearing
and that you understand it. If you change your address make sure you notify the Office of Administrative Hearings, as well as the Employment Department.
Unemployment Benefit Hearings are usually held over the telephone. Generally, there are two or three parties participating in an unemployment benefits hearing;
the claimant, the employer, and sometimes a representative of the Oregon Employment Department. Most hearings begin at a specific time and you must call
at that time in order to participate. Other hearings are scheduled within a period of time, usually two hours, and the ALJ will call you
and other participants within that time period. Take a look at this Notice of Hearing. As you will see, some notice is for a telephone hearing.
Now, if we look at other Notice of Hearing, you will see that some notice is for an in-person hearing. Make sure you read your Notice of Hearing carefully
so that you will understand which type of hearing you have and how you will participate in your hearing. If you have any questions about
which type of hearing you have call the Office of Administrative Hearings before your hearing. While it is not necessary to have a representative or lawyer,
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some people may wish to have a representative or attorney assist them in the hearing. If you plan on having a representative or lawyer represent you
at the hearing, notify the Office of Administrative Hearings as soon as possible. If you need an interpreter, the Office of Administrative Hearings will provide one
for you without charge. Let the Office of Administrative Hearings know that you need an interpreter as soon as possible.
If you need other assistance to be able to participate in the hearing, notify the office to have administrative hearings as soon as possible.
In order to keep the hearing independent from the Employment Department, the only evidence presented at the hearing will be considered.
Evidence generally consists of testimony and documents. In these hearings, it is often unnecessary to present evidence other than your testimony. However, if you feel
that it is important to present additional evidence you should prepare to do so. Plan ahead. If you have witnesses for your case, or documents you wish to present,
make arrangements for this before the hearing. Witnesses must be ready and able to testify at the time of the hearing. Let the ALJ know if you have witnesses for your case
at the beginning of the hearing. If you want the ALJ to consider any written evidence, you must send these documents to the Office of Administrative Hearings,
and the other party, before the hearing. Make sure you give enough time for the documents to arrive. It is very important to understand that the Administrative Law Judge
does not have documents that were provided to the Employment Department. If you want the ALJ to consider any written information
you must send it to the ALJ, and the other party, before your hearing. If you have documents that you want the ALJ to consider,
send it to the ALJ and the other party using the address listed on the Notice of Hearing. Make sure that you include your name and case number along with any documents you sent.
We recommend sending a cover sheet that has your name and case number along with any documents you send in. Postponements are rarely granted for these cases.
If you believe you need a postponement, or you think you'll be unable to participate in your hearing, notify the Office of Administrative Hearings immediately.
Make sure that you are ready and able to participate in your hearing at the scheduled time. Be aware, that if using a cellular or cordless phone, interference, lack of cell coverage,
or other problems may interfere with your ability to participate in the hearing. You may wish to use a friend's telephone, or go to an Employment Department Office
to use a telephone. Also, make sure that you limit background noise as much as possible. When the hearing begins the ALJ will ask who is on the line?
The ALJ will then review the issue for the hearing, answer questions you may have, and go over any documents that you or the other party submitted.
If you do not understand something ask the ALJ for an explanation. Then the ALJ will swear the witnesses in and ask questions of each witness.
The ALJ will assist each party to present their case. Hearings generally last between 20 minutes and 1 hour.
Most hearings last less than 1 hour. After the hearing, the ALJ will write a decision. This decision is usually mailed within 1 week of the hearing.
If you believe that the ALJ's decision is incorrect you have the right to appeal the decision. Review the decision carefully for an explanation of these appeal rights.
If you miss your hearing your request for a hearing will you be dismissed or the hearing will proceed without you.
I hope that you have found this article helpful.
Don't forget to prepare.
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