Policy Effective: April 1, 2011

Hearings are not open to the public.

A customer may have a representative at the hearing or invite friends or relatives to attend as space permits.

Representatives from the Department of Workforce Services (DWS) or other state agencies may be present.

All hearings will be conducted informally and in a way to protect the rights of the parties. The hearing may be recorded.

All issues relevant to the hearing, except overpayment if any, will be considered and decided upon.

The decision of the Administrative Law Judge (ALJ) will be based solely on the testimony and evidence presented at the hearing. The Department will provide a free copy of any portion of the case file to be used during the hearing. Confidential information will not be released to the customer.

All parties may testify, present evidence, or comment on the issues. All testimony of the parties and witnesses will be given under oath or affirmation.

Any party to an appeal will be given an adequate opportunity to be heard and present any pertinent evidence of probative value and to know and rebut by cross-examination or otherwise any other evidence submitted.

The ALJ will direct the order of testimony and rule on the admissibility of evidence.

Oral or written evidence of any nature, whether or not conforming to the legal rules of evidence including hearsay, may be accepted and will be given its proper weight.

Official records of the Department, including reports submitted in connection with any program administered by the Department or other State agency may be included in the record. Adequate time must be given to allow the customer or authorized representative the opportunity to review any portion of the case file being presented prior to the hearing.

The ALJ may request the presentation of and may take such additional evidence as the ALJ deems necessary. The customer or representative must be given an opportunity to examine documents during the hearing.

The parties, with consent of the ALJ, may stipulate to the facts involved. The ALJ may decide the issues on the basis of such facts or may set the matter for hearing and take such further evidence as deemed necessary to determine the issues.

The ALJ may require portions of the evidence be transcribed as necessary for rendering a decision.

Unless the customer requests a continuance, the decision of the ALJ will be issued within 60 days of the date on which the customer requests a hearing.

A decision of the ALJ which results in a reversal of the Department decision shall be complied with within 10 days of the issuance of the decision.

For a telephone hearing a facilitator may also be present. Any worker who is not involved with the case at issue may act in this role. This person may:

Identify and seat all people who attend the hearing.

Receive the call from the ALJ, confirm the call and the hearing scheduled, introduce all parties involved in the hearing.

Administer the oath or affirmation. Confirm for the hearing record, that each person took the oath.

Assist parties as needed such as finding documents.