Saturday, October 23, 2010

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - CASE NO. 2

In determining whether or not to request a transcript, one should consider how an appeal to the Appeals Board works. rather than recite the Appeal Board rules, they are adequately described in the Appeals Board web site's FAQ section:

"What happens after an appeal?

You are sent a notice of receipt of appeal with instructions about the appeal including how to submit a statement and how to ask to see the transcript of the hearing. This is true if you appealed or if the other side appealed.

Can I testify again or add anything to the case?

Most of the time there are no more hearings and the Appeal Board will decide the case based on the record from the judge’s hearing, Whenever the Board decides that another hearing is necessary, an order or hearing notice will be sent to you. New information submitted by a party on appeal will be considered only if a hearing is ordered by the Appeal Board and that information is received as evidence.

Do I have to submit a statement on the appeal?

No. You don’t have to submit a statement but you should send one if you want the Appeal Board to know why you think the judge’s decision was wrong. Two copies of the statement must be sent to the Appeal Board. If the statement is submitted by an attorney, the attorney must serve copies of the statement on opposing parties and any opposing counsel and submit an affidavit of service to the Board with the statement."

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