Saturday, December 19, 2009

UNEMPLOYMENT INSURANCE - HEARINGS & APPEALS

Here is my concern regarding those decisions: According to Rule 463.1 (f) (2):

"The appeal board usually decides appeals without a new hearing. It relies on evidence taken at the administrative law judge hearing and the written arguments of the parties on appeal. The board will not consider any evidence not introduced at the administrative law judge hearing unless all parties consent or it is made part of the record at a further hearing. In its discretion the board may hold an additional hearing."

It appears to me that on issues of credibility of witnesses, the determination of the administrative law judge who actually heard, seen, etc. the witnesses should bear greater weight than a board who is just viewing the record and reading written arguments, unless they hold an additional hearing and/or unless it is clear that the administrative law judge was arbitrary and capricious.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.