After the hearing has been completed, the hearing officer will
mail you a written decision. If you disagree with the decision and
you have appeal rights, you can appeal it. Your appeal must be filed
within 14 calendar days from the date the decision was mailed to
you. The appeal deadline is printed on the coversheet of your decision.
The decision will also contain instructions on what you must do
to file another appeal. If you do file another appeal, what happens
next will be determined by your participation in the initial appeal
If you did not participate in the Appeal hearing and you disagree
with the decision, your appeal will be a request to reopen your
case at the first appeal level. At the next hearing, you must show
that you had a good reason for missing the prior hearing before
the hearing officer will reopen your case.
If you participated in the Appeal hearing and you disagree with
the decision, your appeal will be to the Commissioners. The
three Commissioners of the Texas Workforce Commission will review
your hearing and the evidence accepted during your hearing. They
may order an additional hearing to gather more evidence, at their
You will be mailed a decision from the Commission. If you disagree
with the Commission’s decision, you have two options:
You may request a rehearing within 14 days of the date TWC 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
- Why you think this information could change the outcome of
You may appeal to a civil court between 15 and 28 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 Commissioners deny it, you can
still appeal that decision to a civil court. You must file your
appeal with the civil court between 15 and 28 days after the date
the decision is mailed to you. The instructions for filing this
appeal are included with the Commissioners’ decision.
Note: If you win your hearing in front of the Commission and the losing party
(i.e., claimant) appeals to civil court, it is important that you cooperate with the TWC and
the Attorney General, who will represent the TWC in the Civil Court proceeding. Even though
you were successful in front of the Commission, 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 the TWC, it may be necessary for you
to hire your own attorney.