Hearings
Bureau
|
 |
The hearing is your opportunity to present ALL information relevant to the issue on your Unemployment Insurance determination. This brochure will help you prepare for your hearing. Review this information carefully.
|
NOTICE
OF HEARING
|
The first page of the Notice of Hearing lists important facts for your hearing, like the names, addresses and telephone numbers of participants, claimant's SSN, and the date and time of the hearing. The Notice also includes more requirements for the hearing process. The packet included with the Notice contains documents previously submitted to the department. Have all of these documents with you at the hearing. All of the documents are numbered for easy reference during the hearing.
Address and phone:
Check your address and phone number on the Notice
of Hearing. It is your responsibility to make sure the information is correct.
If it is wrong, call or fax the changes to the Hearings Bureau at least 15
minutes before the set hearing time to be sure you get to participate.
Date and time:
This is when we'll hold the hearing. Be ready
to participate at this time. If you are not available, we will hold the hearing
without you and issue a decision. If you have an emergency, call the Hearings
Bureau before the hearing, or as soon as possible thereafter. If the Hearing
Officer has not called you by 15 minutes after the time set
for hearing, call the Hearings Bureau at (406)444-4662. Do not forget about
time zone differences.
The issue:
The issue(s) is stated on your Notice of Hearing
beneath the names and addresses of the parties. The issue is determined from
your appeal of an Unemployment Insurance Division determination or redetermination.
This is the only subject that will be considered during the hearing.
The parties:
The CLAIMANT is the one who can receive
benefits. The other party in the hearing may be an EMPLOYER or it may be the
Unemployment Insurance Division itself.
Parties to a hearing are called the APPELLANT
(the one who appealed) and the RESPONDENT (the one who is "answering"
the appeal). Since either party may appeal a previous determination, either
party may be the Appellant. Your notice of hearing identifies which is which.
|
THE
HEARING
|
The hearing is the time for you to present your case. During the hearing, all testimony is given under oath. The hearing is tape recorded.
Preparing Your testimony:
We recommend that you list the important facts
of the case in the order they occurred. Use documents or witnesses to support
your facts. Start with the claimant's job title, hours worked per week, wage,
date of separation, and how the job ended. Continue with details leading to
the separation, such as: incidents, meetings, warnings, counseling, and grievances.
End with a description of what caused the job to end.
Evidence:
For purposes of this hearing, evidence is the
proof you use to establish or disprove the elements of a claim. Evidence includes
documents, videotapes, audio tapes, pictures and witness testimony. The numbered
documents mailed to you with the Notice of Hearing may be used as evidence
during the hearing if they are relevant and admissible. If you want the Hearing
Officer to consider any other document or evidence that was not included with
the Notice of Hearing, you must mail copies of the evidence to both the
Hearing Officer and the opposing party prior to the hearing.
If you do not send a copy of the evidence to the other party, it will not be
admitted. The Hearing Officer will not allow repetitive or irrelevant evidence
to be admitted into the record. The evidence should have some tendency to prove
or disprove an issue of fact in the case. Anything not admitted into the record
at the hearing will not be used in making the decision.
The hearing is a public proceeding, and the record
of the hearing and the decision are public records. If a hearing participant
intends to place into evidence testimony or documents which should not be part
of the public record for privacy or confidentiality reasons, the party requesting
non-disclosure must ask the hearing officer that the evidence be sealed. Once
evidence is made part of the public record, it cannot thereafter be withdrawn
from the record and sealed from the public.
Witness:
A "witness" is a person who has direct, relevant information
about the issue. Generally, a witness is someone who observed what happened,
not someone you told about what happened. We call witnesses and accept testimony only
during the hearing. Before the hearing, you must make arrangements with
your witnesses to be available and prepared. You must provide names and telephone
numbers for your witnesses before the hearing. We can telephone your witnesses
at any number you provide.
Questioning witnesses:
Ask short, open-ended questions. Ask questions
that can be answered by relating facts, rather than by "yes" or "no."
Avoid leading questions such as, "Is it true you were at your place of
employment Saturday night?" since leading questions reduce the believability
of your witness. Instead ask, "Where were you Saturday night?"
Telephone use:
If you have several people on a telephone line,
it weakens the signal. This causes a poor connection and a poor recording.
Please limit the use of extension phones. Also, introduce participants at the
beginning of the hearing and before they speak. Cellular telephones are permitted,
but are not recommended because of transmission problems. Remember that if
you have not been called by 15 minutes after the time set
for the hearing, you need to call the Hearings Bureau
|
ALSO...
|
Subpoenas:
You can subpoena witnesses in Montana who are
unwilling to testify. Upon request, we will mail you a blank subpoena. You
must complete the subpoena and have it delivered to the witness. Request subpoenas
at least one week in advance of the hearing to allow adequate delivery time.
Do you want to participate?
Withdrawals.
If you are the Appellant and you want to withdraw
your appeal, please mail or fax us a withdrawal statement. You may withdraw
by telephone, but we still need a written statement from you. If you withdraw,
the hearing will not take place. If the appellant is not available for the
hearing and has not requested a postponement, the Hearing Officer will issue
a decision based on the best evidence available.
If you are the Respondent, you are not required
to participate. Remember that if you do not participate, you will not be able
to have any evidence admitted, present any testimony, or question any testimony
given by the other party.
AMERICANS WITH DISABILITIES ACT
We comply with the "Americans With Disabilities Act." If you need accommodations for your hearing, please call the Hearings Bureau at (406) 444-4662 or the TDD at (406) 444-0532
CHECK LIST
- Make sure your address and phone number on the Notice of Hearing are correct.
- Note time and date of hearing; account for time zone differences.
- Check the issue. Ask yourself, Do I understand it and is it what I think the appeal is all about? If not, notify the Hearings Bureau.
- Ensure copies of all relevant documents, including warnings, employer policies, and witness statements are included in the exhibits. Deliver copies of all additional documents to all parties and the Hearings Bureau before hearing.
- List facts in chronological order.
- Be prepared to describe the details of what happened to cause the job to end, or to explain other reasons the claimant should or should not be eligible for benefits.
- Notify witness(es) of the time and date of the hearing.
- Have witness(es) available at the time set for hearing.
- Request subpoenas, if needed. Serve to witness(es) preferably 5 days before the hearing.
- Have only necessary participants on telephone extensions.
- Notify the Hearings Bureau at
(406) 444-4662 if you choose not to participate.
revised 9-1-04
