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An appeal is your written notice that you disagree with a TWC decision and want your case decided through the appeal process. Only the employer may appeal a TWC child labor law decision. An employer may appeal the occurrence of the violation, the amount of the penalty, or both. State law gives TWC sole authority in disputed child labor complaints; no other state agency or official can affect the outcome of an appeal. To participate in an appeal you must meet submission deadlines.
The appeal process is structured so that you do not need an attorney. You may choose to have an attorney or other person represent you at your own expense.
There are two levels of appeal. You start with the first level, and if you disagree with that decision, you may proceed to the other level.
The first step in the appeals process is an appeal to the Appeal Tribunal. The Appeal Tribunal is the name the Texas Child Labor Law gives to hearing officers who hold child labor hearings. Each appeal case has only one hearing officer.
The first appeal is a telephone hearing, except that when a sign-language interpreter is required the hearing may be in-person instead.
The employer may present testimony, witnesses, and documents relevant to its case. During the Appeal Tribunal hearing, the hearing officer will determine what is relevant and make sure that the record is complete. After the hearing, the hearing officer will mail a decision to the interested parties.
These instructions are for the first step in the employer’s appeals process, which is an appeal to the Appeal Tribunal. The first step is to appeal in writing to TWC.
The employer must appeal in writing within 21 calendar days from the date that we mail you the determination order, which is shown on that form. If the twenty-first day falls on a federal or state holiday, you have until the next business day to submit your appeal.
You can submit your written appeal in person at your Workforce Solutions office, or you can mail or fax your appeal letter to the Special Hearings Department at the address or fax number on your determination order. You cannot submit an appeal by e-mail or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.
Your letter or appeal form must include:
Keep a copy of your appeal for your records.
Inform us in writing as early as possible if you need accommodations for the appeal hearing:
It may take six to eight weeks to receive a hearing information packet with information about your appeal. TWC will mail you the packet ten to twenty days before your hearing.
The hearing information packet includes:
It is important that you keep your mailing address up to date because we will mail the hearing information packet and appeal decision to the address in our records. Change your address with us as needed in writing by mail or fax to the Special Hearings address or fax number listed under Contact Information.
Allow enough time for your hearing. How long the hearing takes depends on many things, including the number of witnesses, documents, and issues in the case. Usually, hearings take from one hour to four hours to complete.
It is important to prepare all of the documentation, witnesses and evidence that you need to support your side of the issues. It is your responsibility to make sure that the hearing officer receives copies of all the documents you wish to refer to before the hearing date. This will increase your credibility and allow the hearing officer to make a just determination of the facts.
Case documentation could include:
All documents must relate directly to the issues on the hearing notice. Be ready to tell who prepared the evidence and how it helps your case.
Any documents you want to present during the hearing must be provided to the hearing officer.
If you wish to call witnesses, they should have personal (first-hand) knowledge about the background, policies, incidents, or events regarding the issues on the hearing notice.
Contact your witnesses before the hearing and have them arrange their schedules so they can participate in the hearing.
During the hearing, you must give the hearing officer your list of witnesses and the contact phone numbers. Have your witnesses remain available for the call until the hearing officer or you release them from the hearing.
If your hearing is in person, simply have your witnesses appear at the hearing location at the time and date for the hearing, or they may participate by phone as stated above.
A subpoena is a written legal order that requires a person to appear at a hearing to testify or produce documents for a hearing.
Subpoenas may be issued at the discretion of the hearing officer. A request for a subpoena will be granted only after the hearing officer determines that the records or witnesses requested to be subpoenaed are relevant to the issues on appeal.
TWC pays the applicable fees for issuing a subpoena.
If you no longer want to proceed with the hearing, you have the option to withdraw your appeal. Only the individual who filed the appeal can withdraw or cancel the appeal.
The withdrawal of your appeal must be done in writing or recorded by contacting the hearing officer and also must contain the specific words that you wish to "withdraw your appeal."
The appeal can be withdrawn either before or during the hearing.
For telephone hearings, you must provide a phone number where we can reach you for the hearing. Provide your contact information on the day of your hearing, at least 10 minutes before your hearing is scheduled to begin. You can give us your phone number in one of two ways:
If you do not call in on time, you may not be allowed to participate in the hearing.
When it is time for the hearing, the hearing officer will call you and connect all witnesses to a conference call. The hearing will begin when everyone is connected.
All of the hearings are scheduled for the Central Time zone. If you have any questions about when you should call, please call the toll-free number listed on the Notice of Hearing.
It is very important that you provide your phone number for your hearing before the scheduled hearing time and that you take part in your appeal hearing. The hearing officer makes their decision based entirely on the evidence given at the appeal hearing.
If you find you cannot participate in the hearing for any reason, mail or fax a written postponement request as soon as you can. TWC rules allow hearing officers to delay or reschedule hearings only in specific, limited cases.
All hearings are recorded. The law requires the hearing officer to give a very specific opening statement at the beginning of each hearing. This opening statement includes:
The hearing officer will put everyone who will speak under oath, and then answer questions about the opening statement before hearing any testimony.
If you have more than one person present, you must designate one primary representative, which may be you or your chosen representative. That primary representative will be able to:
The hearing officer will hear statements from the employer and any witnesses, one at a time. The hearing officer will question the witnesses, and then allow them to add relevant information.
The hearing officer will discuss any documents that were sent in or that are part of the case file.
The hearing officer will then let the employer add any new testimony before ending the 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 within 14 calendar days after the mailing date of the decision. However, you must show that you had a good reason for missing the prior hearing.
After the hearing is complete, the hearing officer will mail you a written decision, usually within five to ten working days.
You can request a copy of the CD recording of your hearing. Your written request must include identifying information: your name, appeal number, your TWC Tax ID number, and your telephone number and mailing address.
Mail or fax your request in writing to the TWC Special Hearings Department:
It usually takes one to two weeks for you to receive your copy. The first copy is free; there is a small charge for any additional copies. Only the employer can request a copy of the recording.
If you disagree with the Appeal Tribunal decision, you may request a Motion for Rehearing within 14 calendar days after the date TWC mailed you the Appeal Tribunal decision. TWC will grant the Motion for Rehearing only if you show these three things:
You can submit your written Motion for Rehearing in person at your Workforce Solutions office, or you can mail or fax your letter to the address or fax number in the instructions included with your Appeal Tribunal decision. You cannot file a Motion for Rehearing by e-mail or telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your Motion for Rehearing.
If you ask for a rehearing and the Appeal Tribunal denies it, you can still appeal that decision to a civil court.
You may appeal to a civil court within 30 calendar days after the date TWC mailed you the Appeal Tribunal decision. You must have completed the appeal process available through TWC , except the optional Motion for Rehearing, before appealing to a civil court. The instructions for submitting an appeal to a civil court are included with the Appeal Tribunal decision.
Last Verified: April 03, 2013
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Deaf, hard-of-hearing or speech-impaired customers may contact Relay Texas: 800-735-2989 (TDD) and 711 (Voice). Equal opportunity is the law.
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