State of Alaska > DOLWD > Unemployment Insurance Appeals
Appeals Guide - Preparing for the Hearing
Gathering the evidence. You should begin to gather the
evidence necessary to present your case as soon as you file your
appeal, or as soon as you learn that another party has filed one.
You probably will not get another chance to present evidence
after the hearing. You may want to make notes to help you
remember important facts, although you cannot read your testimony
at the hearing.
The first place to start is with the appeal file. This
contains the documents in the case, including the written
evidence used by the ESD in making its determination. A copy of
that file will be mailed to you with the hearing notice. After
reading this material, you should have an idea of what facts you
need to challenge or support the determination. If you do not
understand the ESD determination, discuss the case with an ESD
representative. The Hearing Officer cannot discuss the issues of
the case with you before the hearing.
Interpreters. If you need an interpreter, please call our office and one will be provided.
Witnesses. You have the right to present testimony of
witnesses. The Hearing Officer, however, will not allow
repetitive evidence or evidence that is not relevant to the case.
There is no need to bring several witnesses to testify to the
same occurrence or facts. One credible witness is enough. You
may need more than one witness, however, to cover different
occurrences or facts.
You must notify your witnesses of the hearing (and provide their
telephone numbers if the hearing is by telephone). If your
witness will not agree to testify, contact the Hearing Officer
immediately. If the witness is necessary to your case, the
Hearing Officer will, at your request, issue a subpoena which
will compel the witness to testify. You must provide the name
and current address of the witness. You must also include a short
statement explaining why the witness is necessary.
Written evidence. You may submit records, letters, and
other documents for the hearing. The Hearing Officer will,
however, take only evidence that is relevant and necessary to
decide the case. Some examples of written material introduced
into evidence in unemployment insurance hearings are: time
cards, payroll records, warning notices, company rules, union
hiring and membership records, and medical reports.
You can request the Hearing Officer to issue a subpoena if you do
not have the original or a readable photocopy of a necessary
document and cannot obtain one voluntarily. You must identify
the document and the person or office that has the document.
You must also state why you believe the document is necessary
evidence in your case.
Before the hearing you should send the Appeal Tribunal copies of any
documents you intend to submit.
You may mail, email or fax them to any Appeal Tribunal addresses or fax numbers. Bring your copies to the hearing or
have them with you if the hearing is by telephone.
Tax hearing exhibits should be received by the Tribunal 10 days prior to the prehearing date.
Researching the law. The Hearing
Officer is familiar with unemployment insurance law and will summarize
the law at the hearing. If you wish to familiarize yourself with the
law before the hearing, you can review the Alaska
Employment Security Act (AS 23.20) and the regulations governing
the unemployment insurance program under the Alaska
Administrative Code (8 AAC 85). The UI appeal process is administered
under AS 23.20.410-470 and 8 AAC 85.150-157. The exact provisions of
law which govern your case will be shown on the hearing notice.
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