What happens after the hearing
How will I learn of the ALJ’s decision?
After the hearing, the ALJ will compose a written decision, which will state the facts, the law, and the reasons for the decision. It will be mailed to you, or, at the option of the Office of Appeals, it may be electronically transmitted to you if you have consented to receiving electronic service of the decision or disposition. It will also explain further appeal rights for the benefit of the party who loses.
Can I appeal the ALJ’s decision?
Yes, you have the right to appeal the ALJ’s Decision to the Appeals Board by filing a written petition for review. But, there is a time limit on that right. You must appeal within 30 calendar days of the date the ALJ’s decision is mailed or electronically transmitted.
A notice and explanation of further appeal rights is attached to each copy of every ALJ decision. Be sure to read it carefully.
Will I get another hearing if I appeal the ALJ’s decision?
The Appeals Board has the authority to order a new hearing, but rarely will do so unless it concludes that vital information was not presented at the hearing.
Generally, the Appeals Board reviews the record of the hearing together with all of the exhibits. After that review, it decides if the ALJ made the correct findings of fact and correctly applied the law to those facts.
The Appeals Board will not usually consider facts that could have been brought up at the hearing, but you may want to emphasize any newly discovered information.
What if I have a complaint about what happened during the appeal process?
If you have any complaints about the appeal process, you may contact the Presiding Administrative Law Judge in that particular office at the number listed on the Notice of Hearing.
What happens if I win my appeal?
- Continue to file claims for unemployment insurance if you remain unemployed during the appeal process. If you win the case you will be paid only for the weeks for which you filed a claim and were otherwise eligible.
- If a Determination of Deputy allowing benefits is ultimately reversed, a proper adjustment will be made to your experience rating account.
What happens if I lose my appeal?
- If you lose, you may be required to repay to the Department any benefits you have received.
- Your experience rating account may be charged for benefits paid to the claimant.