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INSURANCE
APPEALS
Georgia
Department of Labor
Michael L. Thurmond, Commissioner
www.dol.state.ga.us
FAX 770-909-2884
TEL 770-909-2828
E-MAIL appeals@dol.state.ga.us
TABLE OF CONTENTS
The Appeals Process
The Hearing
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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INTENTIONALLY
LEFT BLANK
The Appeals Process
Claimants and employers have the right to appeal any decision that
affects the receipt of unemployment insurance benefits.
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If you have requested an in-person hearing, your Notice of Appeal
should indicate the hearing location. If your notice does not indicate a
hearing location, please contact the Appeals Tribunal immediately.
Timely Appeal
When filing an appeal, explain in detail why you are appealing, identify
the exact determination you are appealing and include a social security
number. Appeals must be filed, in writing, within 15 days of the date the
determination was mailed. If the 15th day falls on a Saturday, Sunday, or
a legal holiday, the next working day is used in considering whether the
appeal is timely.
If it appears that the appeal is not filed within the 15 day limit, your appeal
could be dismissed, without a hearing, as untimely.
If you are the person who appealed, you may request in writing that your
appeal be withdrawn. Mail, fax or e-mail your request to the address
shown in the front of this booklet. Explain why you are withdrawing your
appeal and include the social security number and/or the docket number
on all correspondence. Appeals can only be withdrawn by the appealing
party.
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The Hearing Notice
Note: The hearing officer cannot discuss the case with you
before the hearing begins or after the conclusion of the
hearing.
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If You Need to Postpone a Hearing
The Rules of the Georgia Department of Labor allow only the Chief
Administrative Hearing Officer, or a designee, to postpone a hearing for
good cause. The request MUST be made at the earliest practical time
and should be in writing, giving detailed reasons for the request. A
request for postponement will only be granted for an extreme
emergency.
FAX 770-909-2884
EMAIL appeals@dol.state.ga.us
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Preparing for the Hearing
You should begin to gather the evidence necessary to present your case
as soon as an appeal is filed. Prepare all supporting evidence including
any documents previously submitted to the GDOL. A copy of relevant
documents from your file will be mailed to you with the notice of appeal
filing.
Although you cannot read your testimony at the hearing, you may want
to make notes to help you remember important facts. The hearing officer
cannot accept any evidence after the hearing is conducted.
The hearing officer will only take evidence that is relevant and necessary
to decide the case.
You can request the Appeals Tribunal to issue a subpoena if you do not
have a readable copy of a necessary document and the party will not
voluntarily provide it.
You must identify the document and the full name and address of the
person or office that has the document. You must also state why you
believe the document is necessary evidence in your case. If your
subpoena request is not relevant to your appeal hearing, the request will
be denied.
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Submit Copies of Documents
If you receive documents from the other party, read them prior to the
hearing so that you can answer any questions from the hearing officer or
the other party.
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. 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 to the Appeals Tribunal if the hearing is by
telephone. If your witness will not agree to testify, contact the Appeals
Tribunal. If the witness is necessary to your case, the Appeals Tribunal
can issue a subpoena, which will compel the witness to testify. The
person requesting the subpoena must show the necessity of a subpoena
before it is issued.
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The request for the subpoena must contain the following information:
A copy of the documents must also be sent to the party who requested
the documents. Include the docket number of the case or the claimant's
social security number on each page.
The fee for a claimant's representative will be set and approved by the
Board of Review; however, the fee must be paid by the claimant. A party
who is unable to afford legal assistance may request representation
from one of the free legal advisory services in the community.
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Researching the Law
The exact provisions of law which govern your case will be shown on the
hearing notice.
Interpreters
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The Hearing
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Each party has the right to:
1. Testify personally.
2. Present documents (evidence gathered and submitted.)
3. Have material witnesses testify.
4. Question opposing parties and witnesses.
5. Explain or rebut evidence.
6. Examine documents which may be accepted into evidence
from the claimant's benefit file.
7. Examine all documents introduced at the hearing.
8. Make a statement at the end of the hearing.
Be Prompt
The hearing officer will wait 10 minutes for the parties to appear. After 10
minutes, the hearing will begin if the appealing party is available. If the
appealing party is not available, the case will be dismissed.
Telephone Hearings
In-Person Hearings
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l Make written notes during the testimony to help you
remember the questions you would like to ask when you are
allowed to cross examine the witness.
l Have a calendar available for reference during the hearing.
l Know the beginning and ending dates of employment with
the employer.
If you are the person who appealed and you do not participate in the
hearing, the hearing officer may dismiss the appeal or uphold the
appealed decision.
If you are not the person who appealed and you choose not to attend,
the hearing will proceed without you.
Representation
The hearing officer will explain hearing procedures and safeguard the
rights of all parties during the hearing. However, an attorney or any other
person of your choice may represent you, at your own expense.
You must provide the Appeals Tribunal with the name and telephone
number of your representative prior to the hearing (see Page 9.)
Confidentiality
Continuances
While conducting the hearing, the hearing officer may find reasons to
continue the case to another date. The parties will be notified in writing
of the date and time of the continued hearing.
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Georgia is bound by a court decision that says statements taken without
an oath violate the right of cross-examination. If you want to submit a
document for the hearing, it must meet the following requirements to be
given any weight in the hearing:
The administrative hearing officer will tape record the entire hearing. The
record is for department reference only, to be used if an appeal is filed to
the Board of Review. It is normally destroyed six months after the
decision is issued.
The law says that only the GDOL or the Board of Review may tape a
hearing involving a claim for benefits or an appeal hearing. However,
the law does provide that you or another person may record the hearing
if written permission is received by the Appeals Tribunal from all
interested parties prior to the hearing. The person requesting to record
the hearing must obtain the written permission from the other party.
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After The Hearing
The Decision of the Hearing Officer
If you disagree with the hearing officer's decision, you have the right to
appeal the decision within 15 days of the release date of the decision to
the Board of Review.
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If you wish to appeal the decision of the hearing officer, you must file an
appeal to the Board of Review within 15 calendar days of the release
date of the decision.
The appeal must be in writing and it should be sent directly to the Board
of Review (the address is on the decision.) If your appeal is sent to the
Career Center, or appealed in person at the Career Center, processing
will be delayed until it can be forwarded.
Written Argument
Oral Argument
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Appeals to the Superior Court
If you disagree with the decision of the Board of Review, you may file a
petition for appeal in the Superior Court in the county in which the work
was performed. If you last worked in another state, the petition must be
filed in Fulton County, Georgia.
The most recent employer's account will be charged for any benefits
paid to the claimant based on the separation decision. If the original
determination allowing benefits is reversed in the appeals process, the
employer must have furnished timely written separation information to
the department to receive credit on the employer’s account. This applies
also to employers who qualify for, and have elected, the reimbursable
method.
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GENERAL INFORMATION
Should I wait to file an appeal until I can gather my evidence?
No. If you wait beyond the 15-day appeal period to file your appeal,
the Appeals Tribunal may not have the authority to make a decision
on your benefit entitlement. You should file the appeal and then
make every attempt to obtain the needed evidence before the
hearing date.
The hearing officer is charged with the task of ensuring that your
rights are protected. The hearing officer will aid you throughout the
hearing, provided you ask for help or you have otherwise shown you
need assistance. You may also have a friend or family member help
as your representative in the hearing.
The fact that you are working does not automatically allow you to
miss your hearing.
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Should I continue to file my weekly certifications while waiting for
the appeal hearing/decision?
Yes. If you are successful on appeal, you will not get paid for any
weeks for which you did not file.
What happens if I am being paid unemployment benefits and I
lose the appeal?
If the hearing officer or the Board of Review reverses a determination
that allowed benefits, you will be required to repay any benefits
received.
Who pays for the benefits I receive?
The most recent employer's account will be charged for any benefits
paid to you based on the separation determination. If the original
determination that allowed benefits is reversed, the employer must
have furnished timely written separation information to the GDOL to
receive credit on the employer's account.
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IMPORTANT REMINDERS FOR YOUR HEARING
l Carefully read this booklet and any correspondence you receive
from the department or the Appeals Tribunal.
l Be aware of deadlines for filing requests and documents to be used
at your hearing. Don't delay in preparing for your hearing. If you have
documents you want to use at the hearing, send them right away.
l Evaluate and prepare your side of the story. Are there documents
you want to use at the hearing? Do you have witnesses you want to
testify?
l Stay calm. Take notes of statements made which you want to ask
questions about or respond to when you testify.
l Ask witnesses questions to bring out all of the details you think are
important.
l Enter exhibits. Documents you wish to have considered must be
identified at the hearing so the hearing officer may enter them into the
record of the hearing.
l If you bring witnesses, bring people with firsthand knowledge of what
you want them to testify about.
l FINAL STATEMENTS. Think about the evidence and testimony
presented. Tell the hearing officer at the end of the hearing why the
ruling should be in your favor. Be brief and to the point.
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NOTES
DOL-424B (R-6/06)