What to Do If You Did Not Attend the Appeal Hearing

If you did not participate in the Appeal hearing and disagree with the decision, you can submit a request to reopen your case at the Appeal Tribunal level. However, you must show that you had a good reason for missing the prior hearing.

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Check the Status of Your Appeal

You can view the status of any appeal in which you are involved through our online Unemployment Tax Services within two to three weeks after the appeal is submitted.

How you access online appeals status information depends on whether your company is liable for unemployment taxes in Texas.

Once logged in, under the Quick Links on the left of every page you will see a link for Appeal List. That list includes information on any active appeal you are involved in, as well as appeals within the past two years.

Choose the View link to display full status information for each appeal in which you are involved, including the appeal submission date, the level of your appeal, and its current status.

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Appeal Decision Notification Details

After the hearing is complete, the Hearing Officer will mail you a written decision, usually within five to ten working days.

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Request an Audio Recording of Your Hearing

You can request a copy of the CD recording of your hearing. Your written request must include identifying information: your name, appeal number, the last four digits of the claimant’s Social Security number, and your telephone number.

Mail or fax your request in writing to the TWC Appeals Department:

TWC Appeals
Texas Workforce Commission
Attn: CD Duplication
101 E 15th St, Rm 406
Austin, TX 78778

Fax: 512-936-3594, Attention: CD Duplication

It usually takes one to two weeks for you to receive your copy. The first copy is free; there is a nominal charge for any additional copies. Only parties to the appeal can request a copy of the recording.

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If You Disagree with an Appeal Decision

This section describes the process of additional levels of appeal. For instructions on how to appeal, see How to Appeal a Decision – For Employers.

Commission Appeal: If You Disagree with the Appeal Tribunal Decision

If you participated in the Appeal hearing and disagree with the decision, your appeal will be to the Commission.

A reviewing attorney in Commission Appeals will review the tape-recording of your hearing. The attorney will also review all other evidence accepted at your first appeal hearing. The reviewing attorney will make a recommendation to the Commission regarding the decision in the case.

The Commissioners will review the recommendation separately and will decide whether or not to follow it. Then the Commission will vote on the case and issue a written decision. They may order an additional hearing to gather more evidence, but they usually do not.

We will mail you the decision from the Commission.

If you disagree with the Commission decision, you have two options: a Motion for Rehearing, or an appeal to a civil court.

Motion for Rehearing: If You Disagree with a Commission Decision

You may request a rehearing within 14 calendar days after the date we mailed you the decision. TWC will grant the Motion for Rehearing only if you can show these three things:

  • Important new information about your case
  • A compelling reason why you did not present this information earlier
  • Why you think this information could change the outcome of your case

Appeal to Civil Court: If You Disagree with a Commission Decision

You may appeal to a civil court between 15 and 28 calendar days after the date TWC mailed you the decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court.

If you ask for a rehearing and the Commission denies it, you can still appeal that decision to a civil court.

Appeal to Civil Court: If a Claimant Disagrees with a Commission Decision

If you win your Commission Appeal and the losing party (in other words, the claimant) appeals to civil court, it is important that you cooperate with TWC and the Attorney General, who will represent TWC in the civil court proceeding. Failure to fully cooperate with the Attorney General in the civil court process could result in the case being reversed and your tax account being charged. Also, since the Attorney General can, by law, only represent TWC, you may need to hire your own attorney.

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