Unemployment Insurance Appeals Hearing

Purpose

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.

Claims Procedure

1. The District must respond to all unemployment insurance claims within ten (10) days of Mail Date of claim. (Attachment A)
2. This response is Prepared by the Payroll/Benefits office in the Human Resources Department. (Attachment B)
   1. If the unemployment claim notice is received by a site it must be immediately forwarded to Payroll/Benefits office to avoid late filing.
   2. To complete the claim form it is usually necessary for a technician in the Payroll/Benefits office to contact the timekeeper or site administrator.
   3. The claim form is the response upon which a decision is based regarding eligibility for benefits.

Appeals or Petition

1. An employee may file an appeal or petition within 20 days after an unfavorable ruling.
2. The third party administrator first receives notice of the hearing
   1. The notice includes date, time, case no., and place of hearing.
   2. The notice is forwarded to District Human Resources Department.
3. Payroll/Benefits Office will contact the hiring site administrator for specific details regarding the claimant's employment history.
   1. The notice sets forth the issues to be covered in the hearing which may be discussed with the site administrator.

The Hearing

1. Normally one (1) hour is allotted for hearing benefit cases.
2. If needed, the Payroll/Benefits office will contact the appropriate manager or supervisor to serve as a District witness.
3. Any District witness will be required to arrive at least one-half hour before the scheduled hearing time.
4. A briefing will be conducted by the third party administrator
   1. The evidence previously submitted will be reviewed.
   2. Any additional evidence discovered will then be provided to the third party administrator by the Payroll/Benefits office technician and/or the District witness.
   3. The questions to be asked during the hearing will be reviewed.

Hearing Procedure

1. The Administrative Law Judge (ALJ) will explain the issues and the order in which evidence will be taken.
2. 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

1. The written decision of the ALJ will be sent to the TPA.
   1. The decision will set forth the facts and the reason for the decision.
2. The written decision is forwarded to District Human Resources by the TPA.
3. 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)
SDCCD Response