Unemployment Insurance Appeals Hearing
The unemployment insurance program is administered by a third party administrator (TPA). However, from time to time a District manager or supervisor may be required to represent the District at an appeals hearing. This information will provide instructions for those occasions.
- The District must respond to all unemployment insurance claims within ten (10) days of Mail Date of claim. (Attachment A)
- This response is Prepared by the Payroll/Benefits office in the Human Resources Department. (Attachment B)
- If the unemployment claim notice is received by a site it must be immediately forwarded to Payroll/Benefits office to avoid late filing.
- To complete the claim form it is usually necessary for a technician in the Payroll/Benefits office to contact the timekeeper or site administrator.
- The claim form is the response upon which a decision is based regarding eligibility for benefits.
Appeals or Petition
- An employee may file an appeal or petition within 20 days after an unfavorable ruling.
- The third party administrator first receives notice of the hearing
- The notice includes date, time, case no., and place of hearing.
- The notice is forwarded to District Human Resources Department.
- Payroll/Benefits Office will contact the hiring site administrator for specific details regarding the claimant's employment history.
- The notice sets forth the issues to be covered in the hearing which may be discussed with the site administrator.
- Normally one (1) hour is allotted for hearing benefit cases.
- If needed, the Payroll/Benefits office will contact the appropriate manager or supervisor to serve as a District witness.
- Any District witness will be required to arrive at least one-half hour before the scheduled hearing time.
- A briefing will be conducted by the third party administrator
- The evidence previously submitted will be reviewed.
- Any additional evidence discovered will then be provided to the third party administrator by the Payroll/Benefits office technician and/or the District witness.
- The questions to be asked during the hearing will be reviewed.
- The Administrative Law Judge (ALJ) will explain the issues and the order in which evidence will be taken.
- The ALJ may conduct the questioning of witnesses. However, the District witness may also be questioned by the TPA, the claimant and other sworn witnesses.
After the Hearing
- The written decision of the ALJ will be sent to the TPA.
- The decision will set forth the facts and the reason for the decision.
- The written decision is forwarded to District Human Resources by the TPA.
- An appeal may be made to the Appeals Board within 20 days.
Forms Required:Employment Development Department, Employer Notice, EDD Form DE 1101C/Z/(6-92)