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UI Appeal Process

  1. either party may appeal in writing to the appeal authority, which will then mail a notice of hearing to both parties

  2. 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

  3. appeal hearing officer puts witnesses under oath and gathers written and oral evidence from both parties prior to issuing a written decision

  4. 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

  5. the appeals board reviews the entire record in the case and issues a written decision

  6. after the final appeal decision is issued, a party may either:

    1. 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; or

    2. file a further appeal to a court, again within a specified period following the issuance of the appeals board decision

  7. if a motion for rehearing is filed and the appeals board denies it, the party may file a court appeal thereafter

 

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