What Happens First?

The Agency first issues a decision called a determination, which tells whether unemployment benefits will be paid, how much will be paid per week, and how many weeks will be paid. If either party disagrees with the determination, they can protest, indicating their reasons for disagreeing. The Agency will then usually review the case, and issue a redetermination. The redetermination may affirm the determination, or it may reverse the determination.

One of the parties (claimant or employer) may disagree with the redetermination. That party will send or deliver to the Agency a written appeal, asking for a hearing before an Administrative Law Judge (ALJ).

If the appeal is received on time, it will be scheduled for a hearing. If the appeal is received late, it must be dismissed by the Administrative Law Judge.  However, if the late appeal is withdrawn before the hearing, and the Agency is requested to reconsider its last decision, then the reason for the lateness of the appeal will be reviewed to determine whether the reason amounts to "good cause" that will excuse the late protest or appeal, and a ruling made. "Good cause" could include circumstances that reasonably prevented a party from filing on time, such as being unable to appeal due to hospitalization. However, being out of town, or forgetting to appeal, would not generally be "good cause."

After the appeal is filed, all parties will receive a Notice of Hearing telling them where and when he hearing will take place. The hearing will usually be held at a regional hearing location.

The State Office of Administrative Hearings & Rules will mail the Notice of Hearing at least 10 days before the scheduled hearing date, or 20 days in advance of a fraud case.  The back of the Notice of Hearing contains some very important information you will need to know about the hearing.  Be sure to read it carefully before the date of the hearing!