As I discussed yesterday, when there is a charge of misconduct, in order to prepare one's defense, a Claimant may be required to investigate the claim on his or her own accord. This is called preparing for the hearing, although this discussion is also relevant during the investigative stage of your claim by the DOL (if the DOL has all the information, it may avoid a notice of adverse determination). From the Appeals Board website:
"How should I get ready for the hearing?
Get any papers that are connected to the issue in the case. Inform your witnesses of the date and time of the hearing. If you want to get a lawyer or representative, get one as soon as possible. Notify the hearing office of the name and address of your attorney or representative. If there is an important witness or important evidence that is not in your control, ask for a subpoena for that witness or evidence (see below).
Do I have to come to the hearing?
If you asked for the hearing but do not come, you will automatically lose unless the case is adjourned. If the other party asked for the hearing and you don’t come, what the other side says could be found to be true without you giving your side of the case. You can still apply to reopen the hearing but you will have to show good cause for not coming to the earlier hearing.
Who or what else should I bring to the hearing?
Bring any witnesses or documents that you think are important to your case and any witnesses or documents that the Notice of Hearing directs you to produce. You can bring an attorney or any other person to represent you. If you want to submit documents that you do not have in your possession or want a witness who is not willing to come voluntarily to the hearing, you can ask a judge to subpoena the document or the witness by calling and notifying the hearing office of your request. Please follow the procedure described below under "Subpoenas".
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