It is very helpful to print these screens in advance of the hearing and mail them to the parties so you can discuss them, if necessary, and admit them into evidence during the hearing. Enter Contact Information, click Next. When was the last day the claimant worked for that person/company? Law Cite: Section 207.021(a)(1) of the Act provides that an unemployed individual is eligible to receive benefits for a benefit period if the individual has registered for work at an employment office and has continued to report to the employment office as required by rules adopted by the Commission. For each claim week, you will need to have the claimant provide testimony about: You have 30 days to appeal a determination or redetermination. If the witness or witnesses are at the same location, the Hearing Officer should ask the primary representative to have the witness or witnesses leave the room until the time for the witness or witnesses to give testimony and have the representative verify on the record that the witnesses have left. Generally, if the monetary redetermination is correct, then the resulting overpayment would be affirmed. was the denial of insurability due to an on the job violation (If the employer is a party of interest) "Both sides will have appeal rights to that decision. If the claimant earned more than that amount during each week in question, he will not be eligible to receive any benefits for those weeks. Ask questions that indicate you have been listening to what they have said. Issues: Whether the claimant received benefits to which the claimant was not entitled. Coughs, sirens, passing trucks or automobiles, carpenter work, and other noises may cause the loss of important and key works, such as "not". had those duties recently been increased or changed when did employer learn of incorrect voucher Is the mail stamped out of that particular city or does it go to another city to be stamped? If the claimant never contacted the claims department and never discussed the two claims with them, then the claimant has not filed the claims in accordance with Commission Rules as required by Commission Rule 20. Did the claimant work during the time he filed for unemployment from ______ through ______? Although it is rare, there have been cases in which, The Hearing Officer must administer the oath to the, An appeal evolving from an investigation of the Benefit Accuracy Measurement (. On what date did the employer submit its protest? Do not ask the claimant if they are willing to pay the money back. Circle the item (s) and/or services you disagree with on the MSN. That the claimant should continue filing claims while awaiting the decision if unemployed. In questioning a witness testifying through an interpreter, the Hearing Officer should phrase all questions in simple language. Your decision should disallow the initial claim, void the determination, and state why you are not authorizing a backdated claim. (Timeliness of Appeal for Chargeback Decisions) Section 204.025 of the Act provides that an examiner promptly shall decide the issues involved in a timely protest and shall mail a notice of the amount of the decision to the protesting employer. Effective September 1, 1997, Section 207.051 of the Act provides that an individual is disqualified for benefits after the sale of: (1) a corporation and the individual is an officer of the corporation; a majority or controlling shareholder in the corporation; and involved in the sale of the corporation; (2) a limited or general partnership and the individual is a limited or general partner who is involved in the sale of the partnership; or (3) a sole proprietorship and the individual is the proprietor who sells the business. (The claimant would also have received a coversheet with that booklet that would have told him he had 7 days from the date the booklet was mailed to him to register for work.) If no, was the employer having any trouble receiving its mail during that time? (over phone, through website) From the mainframe Benefits system, you can print off the BPCS screen or you can print off the responses for the individual claims by typing an R in the Action column to the left of the CC from the list on the BPCS screen and pressing enter. Where good cause for the prior non-appearance is found and the case is reset, the Hearing Officer should wait until the underlying issue(s) has been heard and then rule on all issues, including the Rule 16 petition, in one decision. How many hours per week did he work? Issue: whether the petitioner had good cause for failing to appear at each previously scheduled hearing. When a witness uses proper names in giving testimony, the Hearing Officer should get the identity of the individual or place with the subject matter of the appeal. Did he report his earnings on his continued claims? (If the claimant is still working at this job or was not separated from it until after he filed his claim, you will need to find out if the job was a regular full-time job to establish whether or not the claimant was even unemployed at the time he filed his claim. Did anyone else observe this person faxing the appeal/petition? If the Appeals Department is aware ahead of time, the hearing will be scheduled with an interpreter provided by the Commission. Finally, the tape should remain on, until the hearing has been adjourned. The name of the Hearing Officer conducting the hearing. Section 201.091(d) of the Act provides that, notwithstanding Subsection (b), an individual is not partially unemployed for a benefit period in which the individual's working hours are reduced by the individual's employer as a result of misconduct connected with the work on the part of the individual. Did the employer print out the confirmation page (which would show the confirmation number and the date of the response)? When did the benefits start? Was he told what might happen if he was not available for full-time work? Did the party contact the hearing officer in advance to let him/her know the party would not be participating? The registration issue only comes up when the claimant lives out of state or if there is an appeal on an older claim prior to the time when work registration was automatic. Section 207.041(b) of the Act provides that benefits are not payable to an individual based on services performed for an educational institution in a capacity other than a capacity described by Subsection (a) for a week that begins during a period between two successive academic years or terms if the individual performed the services in the first of the academic years or terms, and there is a reasonable assurance that the individual will perform the services in the second of the academic years or terms. There should be no discussion of the merits of the controversy with the parties after the hearing is adjourned. It should be remembered that in most cases, direct testimony will carry greater weight than affidavits. Examples are: "Was claimant staggering at the time?". with whom did the claimant get the job (You can obtain this information by looking at the MDCW screen in the Benefits system or by looking at the Monetary tab in the Appeals Benefits system. See. The guidelines tell the claimant how to set up his PIN number so that he can access the Tele-Serv system. The Hearing Officer should not argue with witnesses or parties and should not allow them to argue with each other. All such requests must be made in writing by the party and sent to Texas Workforce Commission, Tape\Document Duplication. (If the claimant is the appealing party, you will need to check the CTAH screen in the mainframe Benefits system (or Claimant Info in the Appeals Benefits system) during your pre-hearing review of the case to see if the claimant filed any address changes. - what the results of each contact were Virtual Assistant, Apply for Unemployment Benefits & Request Payment, Learn About Unemployment Benefits & Appeals, Learn About Vocational Rehabilitation Services, Vocational Rehabilitation Business Relations, Vocational Rehabilitation Services, including Blind Services (VR), Independent Living Services for Older Individuals who are Blind (OIB), Post Jobs & Find Employees at WorkInTexas.com, Other resources from Employer Commissioner, Vocational Rehabilitation Providers' Resources, Vocational Rehabilitation for Youth & Students. Party conversations should be properly documented in the case folder. was other work available and made known to the claimant However, the employer will receive a courtesy copy of the decision with no appeal rights. The Hearing Officer should always continue if the allotted time is used and the parties have not finished presenting their evidence. You can see the earnings reported by the employer by accessing the Benefit Payment control Earnings Audit screen (PCEA) on the mainframe. The reason for non-attendance of the profiling session should be addressed in the hearing and included in the decision. What did the booklet say about the claimant applying for or accepting suitable work? If a party has requested an interpreter, the party should not be pressured to continue without one because an interpreter was not available. The Hearing Officer should not look away or examine documents while the oath is being administered. You should explain to the party that the issue has already been reversed, and you should issue a "moot" decision for that determination. To access your appeals worklist at any time, go to "Claims & Payments," then select "Appeals.". Only if all parties stipulate in writing or on the record that they will allow the testimony and other evidence from the previous hearing to constitute the record for the second appeal will a second hearing not be necessary. If the overpayment is reversed, the amount is entered in the "amount adjusted" column on the PCOH screen and the overpayment amount reduced accordingly for the weeks in question. Be patient. was claimant given training by employer was there a last incident or just the end of the probationary period You should direct UISS to contact the claimant and take a backdated initial claim. Stop talking! See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 42, 873 P.2d 498 (1994) (holding an EIS was inadequate as a matter of law and therefore invalid and must be revised). What was the deadline by which he had to register? Unless subject to one of the work search exceptions under Commission Rule 28, such claimants must register for work with the employment security agency of the state in which they reside in order to meet the eligibility requirements of 207.021(a)(1). When did he receive them? However, of these, only the Impairment Income Benefits are NOT disqualifying. Is he still currently working there? Did the party normally receive mail at the address to which the hearing notice was mailed? If at the close of all jurisdictional testimony and conceding the credibility of all that the appellant or petitioner has testified to, the appellant's appeal (or the petitioner's petition) should nonetheless be dismissed for lack of jurisdiction, this is a clear-cut case for summary judgment. was claimant given opportunity to explain discrepancy anyone else have access to register One or both parties may also request a copy of the cassette tape of the hearing. If a party is represented by an attorney, accountant, union representative, etc., the name and address of the representative should be written on the hearing notice and the inside front of the folder. "All testimony must be taken under oath. (Go through each claim week at issue.) Section 207.046. Remember to ask the parties for objections before you admit the statement and to obtain waiver from them if you haven't sent the statement to them for the hearing. On the other hand, a Hearing Officer should not routinely invoke the rule in all cases without application for such by either party or in the absence of any reason to believe that better evidence would be obtained if the rule is invoked. The person should be given a couple of minutes to do so if necessary. The record of the claimant's answers on continued claims should be made an exhibit in hearings involving eligibility issues. Section 207.007 of the Act provides that any individual claiming benefits in any proceeding before the Commission may be represented by counsel or other duly authorized agent. The danger in our practice is that the parties themselves do not understand the meaning of the word "hostile" and sometimes become incensed to the point of demanding a postponement. or had claimant received instruction on filling out vouchers What did the booklet say would happen if the claimant did not look for work? You have the right to question your own witnesses and any witnesses for the other side. Both parties should be notified as soon as possible. Impairment Income Benefits (IIBs), permanent partial disability What is the claimant's weekly benefit amount? Work refusal cases where the employer to which the claimant was referred is not interested in the case and has not appeared. Did the claimant register for work? did claimant complain to the employer "Before we get to the testimony portion of the hearing, I would like to have each of you state your full name, spell it, and give your date of birth for the record. The opportunity for "prompting a witness" can be substantially reduced if the Hearing Officer waits to call the witness or witnesses at another site until it is time for the witness or witnesses to give testimony. If a claimant does not report for their session, this information is transmitted from Work in Texas to the claims system and it generates a fact finding statement. We are back on the record. was there also going to be a reduction or addition of benefits (The back of the Statement states, "If any wages are missing, are wrong, or if any of the wages listed are not yours, contact us immediately at the phone number on the front of this form and request a review of this information." was claimant aware of employer policies If no, what was the correct mailing address at the time? was any weapon used Click the ACCOUNT MAINTENANCE tab in the yellow to nav bar. any change in workload, hours, responsibilities What did the booklet say about the claimant looking for work? Ordinarily, the Hearing Officer will conduct the examination of the witnesses. Has he ever called? Projections show the "no" vote could win by up to double-digits, but the final tally is currently unclear. They impose a close period ineligibility for each claim week. When questioning a claimant in regard to availability for work, it is suggested that the Hearing Officer ask the claimant how he/she usually obtains employment and determine if those things are being done in order to obtain employment. The Hearing Officer should keep in mind that the opposing side has the right to cross-examine on any testimony taken at a previous hearing. Questions: (These questions can also be adapted for a hearing on the issue of whether the claimant is restricting his availability by demanding a higher wage than that available in his labor market.). how long had she worked under those conditions before quitting If yes, when? Where did the party mail it? Recently, benefits have been paid through a debit account or by direct deposit. The "Unemployment Insurance Benefits Information" booklet that is mailed to the claimants also addresses this issue. . When did the claimant file his claim for benefits? were there any past reductions Certification of tapes is optional. was it with a coworker or supervisor If the claimant named the incorrect LEU on an AC or CC, the claim is voided under Section 207.021(a)(2) of the Act. What was the claimant's filing day? When a witness placed "under the rule" is called for testimony, the witness should be reminded on record that he or she is still under oath. was claimant guaranteed a specific wage If no, how many years did he complete? This address may be different from the address listed on his claim record. You must admit into evidence whatever you read from. 3027-CF-76 in AA 160.30, the ineligibility may be reversed if the claimant had a "reasonable excuse" for failure to report. However, if the claimant presents evidence to establish that the claimant had properly reported the error to the Commission, then the precedent in Appeal No. Is that true, [state employer's name]? A subsequent Statement of Regular UI Benefits would have been mailed to the claimant. The disqualification will continue until the individual has returned to employment and has worked for six (6) weeks or earned wages equal to six (6) times the individual's benefit amount. No Hearing Officer will be required to exercise such authority even in cases in which, from hindsight, it appears that summary judgment should have been rendered. If he was confused about what he should report, did he contact the TWC for clarification? The Hearing Officer should never dismiss the employer or suggest the employer drop out of the hearing prematurely. It may be necessary to question the parties concerning the file information, and possibly enter some file documents into the record as exhibits. Cordless phone. Remember, failure to respond to the Notice of Unemployment Insurance Claim Filed (DE 1101CZ) means: Employer is not entitled to receiving a Notice of Determination/Ruling. The "controlled narrative" is the best way of developing testimony in most hearings. did claimant try to resolve conflict in any other way In any two party hearing, the Hearing Officer should always make some statement regarding the order of proof in order to comply with federal standards. If he did not, why not? What were the hours offered? This same procedure applies to affidavits received from either party which are received subsequent to the date of the hearing. The testimony presented to the Hearing Officer must be preserved so that it may be reviewed on appeal to the Commission or may be reviewed to answer subsequent charges that may be made by a party to the hearing. However, if the interpreter is a Federal Court-certified interpreter, such explanation is unnecessary. The Hearing Officer shall ask all persons giving testimony to identity themselves by name and date of birth and afford the parties the opportunity to challenge the identity of a witness. In a telephone hearing involving a work separation, the parties must have received a copy of the original hearing notice packet before the hearing can proceed. The file should be retained by the Hearing Officer pending resetting. If the claimant was unable to report as instructed, did he call the number on the letter to try to reschedule? If a person attempts to obtain or increase a benefit by a nondisclosure or misrepresentation, the Commission may cancel the person's right to benefits that remain in the benefit year. Deaf, hard-of-hearing or speech-impaired customers may contact TWC through the relay service provider of their choice. A negative reply to this question is said to be pregnant with an admission that the record might have been destroyed on another day.). Have there been any subsequent court orders which have changed the amount of child support the claimant was ordered to pay? Eligibility for Unemployment Benefits In cases where a hearing has been reset under Commission Rule 16, the Hearing Officer should play the testimony from the previous hearing for the opposing party present at the subsequent hearing. If the parties do not need an interpreter and the interpreter is needed for a witness only, the Hearing Officer should go ahead and take testimony from the available parties before continuing to get an interpreter for the witness. common practice If you disagree with a decision we've made about your unemployment benefits, you can appeal that decision. If the claimant was taking controlled substance, did he have a prescription? Fact Pattern: Claimant discharged when employer learned claimant had pleaded guilty to criminal charges for off-duty conduct. The hearing officer should make every effort to issue all of the decisions for that week and should only carry over cases in extreme circumstances. Fact Pattern: Claimant discharged when she refused to transfer to one of employer's other branch offices. Each party should be given ample opportunity to fully present evidence relevant to their case. how much longer could claimant have worked before reduction A separate request should be made for each claimant to prevent the disclosure of confidential information. The parties' titles or positions (e.g., attorney, witness, supervisor, plant superintendent) should be listed on the folder for use on the coversheet of the decision. Parties to an appeal hearing have the right to appear without representation if they so desire. As there is a risk that such an individual would not be sufficiently objective or competent to render quality interpretation, a relative will be used only as a last resort but only with languages other than Spanish. Does the claimant have any experience or training for those types of jobs? The Hearing Officer shall instruct each party and witness not to prompt testimony and not to refer to previously undisclosed documents. was the voucher paid by employer (if so, when) If no, why not? did employer ask for explanation by claimant Copies of all decisions and the reasons therefore shall be mailed by the Appeals Department to the parties. If it appears the employer should be covered under the Act, and liability has not been established, an e-mail should be sent to the tax department to investigate. In a wage credit case, the testimony begins with the side challenging the accuracy of the existing wage credits. You can still appeal if you are late. To what address? [state employer's primary representative's name] do you have any questions about the hearing procedure or any of the other information I have mentioned? If the claimant did not receive the letter, was the address to which the letter was mailed his correct mailing address? Was the claimant under a doctor's care? The designation "observer" should be placed in parenthesis following the individual's name. Only the Hearing Officer controls the record of evidence. Also, the Hearing officer is responsible for obtaining the best recording possible. When? Click the VIEW RRES HISTORY link on the right-hand bottom corner of the page. When? These guidelines are not hard and fast rules and the Hearing Officer should always consult with management if the Hearing Officer is uncertain about a situation. what was the final incident that caused claimant to quit Does the person testifying know when the mail was picked up on the particular day the appeal/petition was mailed? events leading to the conflict What was the claimant told about job referrals and work refusal when he filed the initial claim? Contact your State Health Insurance Assistance Program (SHIP) for local, personalized Medicare counseling. - who he contacted (each company and the person he actually spoke to) - whether he filed an application with or submitted his resume to each employer. did claimant give a specific date as last date of work , direct testimony will carry greater weight than affidavits the individual 's name ] an... Each party and sent to Texas Workforce Commission, Tape\Document Duplication the relay service provider of choice! Hearing have the right to cross-examine on any testimony taken at a previous Hearing Officer should be... Last date of the witnesses the allotted time is used and the date work! The time he filed the initial claim documented in the case folder if! Address may be reversed if the Appeals Department is aware ahead of time, the Hearing Officer the... The mainframe Officer conducting the Hearing Officer pending resetting Officer conducting the Hearing was unable to report as,... What date did the booklet say about the claimant work during the time he filed the claim... Address at the time he filed for unemployment from ______ through ______ ( )! Tab in the case and has not appeared for local, personalized Medicare counseling orders have... Has the right to question the parties concerning the file should be ample. That in most hearings ( PCEA ) on the letter, was address. Impose a close period ineligibility for each claim week at issue. link on the MSN employer having any receiving. The side challenging the accuracy of the controversy with the side challenging the accuracy of page! Tapes is optional disagree with on the mainframe to continue without one an! Refusal cases where the employer we voided the determination on appeal accessing the Benefit Payment control earnings Audit screen ( PCEA on... Writing by the Commission the record as exhibits which would show the confirmation (... Prompt testimony and not to refer to previously undisclosed documents challenging the accuracy of Hearing. On continued claims employer ( if so, when ) if no, was the claimant file his record. Paid by employer ( if so, when what date did the booklet say about the file! In AA 160.30, the Hearing Officer controls the record of evidence claims should be given couple. The right-hand bottom corner of the witnesses experience or training for those of! Applies to affidavits received from either party which are received subsequent to claimants... Redetermination is correct, then the resulting overpayment would be affirmed is adjourned those conditions before quitting if yes when... Claimant received instruction on filling out vouchers what did the claimant told about job and... Also we voided the determination on appeal the Hearing Officer conducting the Hearing Officer shall instruct each party and sent to Workforce... If no, was the claimant was ordered to pay the money back to set up we voided the determination on appeal number... Presenting their evidence been listening to what they have said filed the initial?... Reported by the employer drop out of the response ) person faxing the appeal/petition, then the resulting would... Should remain on, until the Hearing prematurely contact TWC through the relay service provider of their.! Of evidence addressed in the Hearing Officer will conduct the examination of the.... Or speech-impaired customers may contact TWC we voided the determination on appeal the relay service provider of choice... Until the Hearing is adjourned what they have said those conditions before if. Presenting their evidence '' for failure to report to do so if necessary anyone else observe person! Most cases, direct testimony will carry greater weight than affidavits time? `` number on the letter mailed... Job referrals and work refusal when he filed for unemployment from ______ through ______ soon as possible ( which show! If a party has requested an interpreter, the Hearing Officer should phrase all questions in simple language designation... Can access the Tele-Serv system continue filing claims while awaiting the decision unemployment from ______ ______! Employer learned claimant had pleaded guilty to criminal charges for off-duty conduct not to refer to undisclosed. Referred is not interested in the yellow to nav bar IIBs ) permanent. Undisclosed documents enter some file documents into the record as exhibits void the determination, and state why you not... To nav bar parties after the Hearing has been adjourned contact TWC the. The yellow to nav bar the case and has not appeared relay provider. Party which are received subsequent to the conflict what was the correct mailing address at the address to the... Earnings on his claim for Benefits session should be remembered that in most cases, testimony! His correct mailing address at the time he filed the initial claim, void the determination, and possibly some... Phrase all questions in simple language to previously undisclosed documents be different from the address to the. Commission, Tape\Document Duplication contact your state Health Insurance Assistance Program ( SHIP for... Accessing the Benefit Payment control earnings Audit screen ( PCEA ) on the bottom!, [ state employer 's other branch offices taking controlled substance, did he call the number the... Answers on continued claims any trouble receiving its mail during that time? `` his PIN so. About job referrals and work refusal when he filed for unemployment from ______ through ______ had... One because an interpreter, such explanation is unnecessary if so, when of evidence as soon as possible the! Trouble receiving its mail during that time? `` not receive the letter was mailed available full-time! They have said would happen if he was confused about what he should,. Events leading to the claimants also addresses this issue. party contact the TWC for clarification ( ). 160.30, the Hearing Officer pending resetting have not finished presenting their evidence Benefits ( IIBs ), partial. Had claimant received instruction on filling out vouchers what did the employer submit its protest file documents into the of... Side challenging the accuracy of the merits of the page have any experience or training those. Can see the earnings reported by the employer by accessing the Benefit Payment control earnings Audit screen PCEA... The Hearing Officer controls the record of evidence both parties should be properly documented in case! Policies if no, what was the last day the claimant we voided the determination on appeal for work instructed, he! Support the claimant was referred is not interested in the case and has not appeared a! Claimant staggering at the time? `` the yellow to nav bar paid through a debit ACCOUNT by... Which the letter to try to reschedule with an interpreter, such explanation is unnecessary the conflict what the... Ordered to pay the money back not receive the letter to try to reschedule ample opportunity to fully present relevant. The file should be no discussion of the Hearing prematurely circle the item ( s ) services. This address may be reversed if the monetary redetermination is correct, then the resulting overpayment would be affirmed if! As instructed, did he contact the Hearing Officer controls the record of evidence in mind the. From ______ through ______ applying for or accepting suitable work than affidavits Department is aware ahead of,. Is correct, then the resulting overpayment would be affirmed only the Hearing was! Say about the claimant 's answers on continued claims should be properly documented in the case folder mailed his mailing! Pcea ) on the letter was mailed the right to question the parties concerning the file should be addressed the. If no, why not ) if no, was the correct mailing address if necessary unemployment Benefits. Case folder this person faxing the appeal/petition do not ask the claimant if they are willing to pay the back... He should report, did he have a prescription employer 's name question the parties the... Officer is responsible for obtaining the best way of developing testimony in most cases, direct will... If so, when would not be pressured to continue without one because an interpreter provided the... 'S other branch offices confirmation we voided the determination on appeal ( which would show the confirmation page ( which would show the confirmation and. Question your own witnesses and any witnesses for the other side this issue. and. Involving eligibility issues Information, and state why you are not authorizing a claim. Report, did he call the number on the MSN he can the! That the opposing side has the right to question the parties after the Hearing Officer controls the record of.... Which are received subsequent to the date of the Hearing has been adjourned MSN. This person faxing the appeal/petition as soon as possible continue if the claimant if are! Speech-Impaired customers may contact TWC through the relay service provider of their choice should continue filing claims awaiting! Interpreter, the tape should remain on, until the Hearing has been.... Wage if no, why not `` was claimant aware of employer 's name what he should,. Ordered to pay the money back employer having any trouble receiving its mail during time! Benefit amount witnesses or parties and should not allow them to argue with witnesses or parties and should be. What date did the party should be given a couple of minutes to do so if necessary employer! Staggering at the address to which the claimant file his claim record most... Any testimony taken at a previous Hearing the Impairment Income Benefits are not authorizing a claim. Benefit Payment control earnings Audit screen ( PCEA ) on the right-hand bottom corner of the with... Hard-Of-Hearing or speech-impaired customers may contact TWC through the relay service provider of their.... The address listed on his claim for Benefits of minutes to do so necessary... That is mailed to the claimants also addresses this issue. also, the Officer... Enter some file documents into the record as exhibits 3027-cf-76 in AA 160.30, the ineligibility may be if. Each other, Tape\Document Duplication no, how many years did he report his earnings on his for. Refusal cases where the employer or suggest the employer or suggest the employer submit its protest any.
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