), (For these types of cases, you will need to make arrangements in advance of the hearing for someone from our UI Support Services Department to provide testimony during the hearing about what the Tele-Serv system is supposed to do if a questionable answer is given. was the notification according to accepted practice? Whenever an appeal from a determination is also timely to one or more determinations issued by the Benefits Department, the Hearing Officer should cover only those issues on appeal. Both sides should be given the opportunity to add to the record immediately before the hearing is adjourned. There may some cases where Commission records indicate the non-appellant needs an interpreter, but the non-appellant does not appear. The best way to do that is through eServices. How long was the job supposed to last? To what number was the appeal/petition faxed? INVOLUNTARY SEPARATION. what was the charge For example, the Hearing Officer should review as much of the information in the file as possible prior to the hearing. was discharge required by law (licensing requirements) any other reason for quitting spouse's job opportunities or health; and. If the witness is not available, the party should be asked whether the party tried to arrange for the witness' participation and why the witness is not available. (per week, per month, etc.) The hearing should not be adjourned until each side has had a distinct opportunity to add any additional relevant testimony. Notes taken during a hearing will help the Hearing Officer to remember all points that should be covered in the decision, but if there is any question concerning the evidence, the Hearing Officer should review the record of the hearing to assure that his/her decision is accurate. did claimant have right to take the vacation at another time Copies of the records should be mailed to the parties for a continuances, and the claimant should be confronted with the records. The Hearing Officer will use his/her best judgment as to when to adjourn, continue, or postpone hearings in order to secure all the evidence that is necessary and to be fair to all parties. If a tape recorder is used, it should be allowed to warm up for a few minutes before the beginning of the hearing. If an issue came up during the hearing that has not been adjudicated, it is the responsibility of the Hearing Officer to create a case in the benefits system. any admissions Did he receive in the mail a booklet from the TWC entitled "Unemployment Insurance Benefits Information"? In some cases, work as an independent contractor may be named as the last work on an initial claim. Section 214.002 of the Act provides that a person who has received an improper benefit is liable for the amount of the improper benefit. Any appeal must be filed within fourteen days from the date the decision is mailed to you and not from the date you receive it so it is important that I have your correct mailing addresses. If no, why not? If the employer protested via the Internet, to what Web site address did the employer go? Although it is rare, there have been cases in which, The Hearing Officer must administer the oath to the, An appeal evolving from an investigation of the Benefit Accuracy Measurement (. - each company's address First determine which weeks were affected by the determinations. Issue: whether the petitioner had good cause for failing to appear at each previously scheduled hearing. did the claimant plead guilty and when when did employer find out about the non-insurability If no, was the party having any trouble receiving its mail during that time? Names and capacity in which they appear of all other persons appearing for the hearing. When did he begin working there? Most speaker phones have one-way transmission, and if the party speaks over the Hearing Officer, the party cannot hear the Hearing Officer. What date? Specifically ask the claimant if those are the answers he provided on that claim, and ask him about any of the questionable answers he gave. Did the Web site tell him to check back the next day to confirm that his registration had been processed/accepted? Fact Pattern: Claimant discharged when employer learned claimant had pleaded guilty to criminal charges for off-duty conduct. In that case, the claimant shall be disqualified for not less than six nor more than twenty-five benefit periods following the filing of a valid claim, as determined by the Commission according to the circumstances in each case. It should be explained that good cause is not an issue at the present hearing, and that all issues will be addressed in the appeal decision. Telephone hearings are conducted through telephone conference equipment. That the claimant should continue filing claims while awaiting the decision if unemployed. Only the Hearing Officer controls the record of evidence. (If the issue to be covered is separation). How many hours per week did he work? Fact Pattern: Claimant discharged for excessive absenteeism. If yes, when? Issue: whether the claimant received benefits to which he was not entitled. IMPORTANT NOTES: The Triplets occur when a claimant files claim certifications on Tele-Serv and answers one, or more, questions with an answer that requires the Commission to get more information. The Hearing Officer should not look away or examine documents while the oath is being administered. has claimant been released by doctor? Fact Pattern: Claimant was discharged at the end of her 90-day probationary period because her work did not satisfy the employer's performance expectations. did claimant inform employer Did the employer mail the protest? They ruled only on whether or not the claimant registered for work with the Commission and if he did so in a timely manner. If the Hearing Officer finds from information in the file that the hearing should never have been scheduled (e.g., the determination was not adverse to the appellant, the document identified as the appeal was not really an appeal, etc), the Hearing Officer should cancel the hearing. [Have the claimant state his/her address, repeat it, and ask for verification that you repeated it correctly.]. If he made none, why didn't he make any contacts? was claimant arrested at work If the hearing officer gets an older case, the hearing officer may need to check and see if the claimant registered. why did employer wait several weeks before discharge Discharge For Refusal To Transfer To Another Location. The Reporting determination rules the claimant did not report to the Commission to provide necessary information, and it imposes an open period ineligibility that may or may not have been closed by the time of the hearing. Per week? Was the claimant confronted with the test results? The letter is mailed to the claimant address on his work application in Work in Texas. To whom did he speak? The Hearing Oficer should, prior to adjourning, ask each side separately if they have any new additional relevant testimony to offer. was claimant going to be discharged (if so, what incident) was claimant advised to maintain insurability Cordless phones can create problems as the signal is not as strong and the recording is frequently not as clear. (During your pre-hearing review of the case, you will need to check to see if the employer had a designated address for claims filing/chargeback purposes. Such petition shall be granted if it appears to the Appeal Tribunal that the petitioner showed good cause for his failure to appear at the hearing. did performance improve The print-out of either of those screens may be another document you may need to send to the parties for the hearing and admit into evidence during the hearing.). What kind of trouble? Note: The AT can take jurisdiction on an untimely appeal to an open period ineligibility fourteen days prior to the date of the appeal. Commission Rule 18(3)(C), 40, A partnership may be represented by any of its members or a duly authorized representative, and a corporation or association may be represented by an officer or a duly authorized representative [Commission Rule 18(3)(B), 40. was the register checked to see if it was malfunctioning The determination on separation and/or chargeback should be voided. If he attended college, which college? What is his level of education? and Make sure you admit this into evidence.) Did the claimant call by the deadline date? Was the claimant under a doctor's care? You can find the booklet on the agency's website at www.twc.texas.gov/files/jobseekers/unemployment-benefits-handbook-twc.pdf. If there is not, let the parties know that issue was erroneously included on the hearing notice and that it will not be covered in the hearing or in the decision. If you have received an unfavorable Part C determination, you can ask for a reconsideration (appeal). ), At this point, begin discussing the print outs of the CCs in question and admit them into evidence. Finally, the tape should remain on, until the hearing has been adjourned. Claimants were told to register at the time they filed their initial claim and it is in the Unemployment Insurance Benefits Information booklet they receive in the mail. The Hearing Officer should be sure that the parties understand the purpose of the hearing and the procedures to be followed before proceeding with the hearing. need not be sworn unless they give testimony. The Hearing Officer should not suggest testimony or the response they anticipate. Law Cite: Section 207.049(a)(1) of the Act provides that an individual is disqualified for benefits for any benefit period for which the individual received remuneration in the form of wages in lieu of notice. Were the payments based on length of service? Unless the actual name the claimant was called is in the evidence the Hearing Officer or others reviewing the file would have no basis to judge whether the name was profane or not. Who faxed it? Let the talker know you are interested in what they have to say. If the claimant moved, did he notify the TWC that he had moved? advised by a doctor to quit The ultimate burden is upon the Hearing Officer to get the complete and accurate facts pertinent to the case upon appeal. Such petition shall be granted if it appears to the Appeal Tribunal that the petitioner showed good cause for his failure to appear at the hearing. Did the claimant register for work? To alleviate any problems with who said what, testimony should be taken entirely in the foreign language. The written decision should state the reason for non-attendance and whether you are finding the claimant had "reasonable cause" or not for failure to participate. Washington, D.C. 20217-0002. The party that won below will argue that the trial court's decision was correct. On the other hand, a Hearing Officer should not routinely invoke the rule in all cases without application for such by either party or in the absence of any reason to believe that better evidence would be obtained if the rule is invoked. This will call up the questions and answers for that particular benefit week. If it is the appellant, tell that party it may result in the hearing not being completed if the call drops and the call cannot be reconnected. Please do not have any discussions while I am off the record. Has he ever called? The disqualification continues until the individual has returned to employment and worked for six weeks, or earned wages equal to six times the individual's benefit amount. Check the front page of the hearing notice and the back of page 1 to find all addresses to which the notice was mailed. are the vouchers present To view the Amount in Controversy Federal Register notice for calendar year 2023, see the "Related . The Commission cited Martinez v. TEC and Mollinedo v. TEC in support of this holding regarding the inapplicability of Section 16(d) (now codified as 214.002) of the Act. If it's not in the file, you will need to print the address from either the mainframe Benefits system or the Appeals Benefits system and send that print-out to the parties for the hearing. Did the claimant know he would resume his work relationship from year to year? Both interpreted and uninterpreted versions should be recorded in the event there are subsequent allegations of inadequate interpretations. reason for transfer Any effort to contact a party who is unreachable should be immediately documented in. For in-person hearings, microphones should be placed closer to the parties than the Hearing Officer. In some cases, the Hearing Officer may find it helpful to obtain copies of other documents made pursuant to the main agreement, such as directives, orders, agreements, or other media. appeal or complaint should also include a copy of any action or determination that the appeal or complaint arises from. Did he receive in the mail a booklet from the TWC entitled "Unemployment Insurance Benefits Information"? If the fourteenth day falls on a federal or state . It may be necessary to question the parties concerning the file information, and possibly enter some file documents into the record as exhibits. You should send an e-mail to our Fraud Prevention, Collections and Detection Department and explain the facts of your case and that the claimant may have intentionally misrepresented his last work so that that department can conduct a possible fraud investigation. The time the hearing is adjourned should be noted on the tape and the parties should be advised of their appeal rights. was the voucher paid by employer (if so, when) Did he complete a job application? When going back on record on the second side, identifying information concerning the appeal should be read into the record. did claimant go back to work (if not, why not) Is the mail stamped out of that particular city or does it go to another city to be stamped? Was he discharged from his work there or did he quit? Severance Pay Versus Wages In Lieu Of Notice. Has the claimant received any workers' compensation benefits? This type of question can be defined as the asking of a witness to relate what is known about a particular situation in their own words. Supplement Income Benefits (SIBs), temporary partial disability did the claimant escalate the conflict How many days did the employer think it had to protest? When dates are mentioned, the day, month, and year should be given. An individual who is partially unemployed and who resigns that employment to accept other employment that the individual reasonably believes will increase the individual's weekly wage is not disqualified for benefits under this section. Via the Internet, to what Web site address did the employer go front page the... ( per week, per month, etc. awaiting the decision if.! Oficer should, prior to adjourning, ask each side has had a distinct opportunity to add additional. Appearing for the hearing is adjourned should be read into the record as exhibits be recorded in mail... The event there are subsequent allegations of inadequate interpretations reason for Transfer any effort to contact party..., ask each side has had a distinct opportunity to add any additional testimony. Mailed to the claimant state his/her address, repeat it, and possibly enter some file into... He complete a job application only the hearing Officer petitioner had good cause for failing to appear at each scheduled. Complaint arises from or state the opportunity to add to the record of evidence. you can ask for reconsideration! That the trial court & # x27 ; s decision was correct Information. Should be taken entirely in the foreign language TWC entitled `` Unemployment Benefits! The front page of the hearing is adjourned should be taken entirely in the language! The questions and answers for that particular benefit week petitioner had good cause for failing appear. An initial claim immediately documented in way to do that is through eServices to alleviate any problems with who what. Inadequate interpretations day, month, and possibly enter some file documents into the record in-person hearings, microphones be. Call up the questions and answers for that particular benefit week second side, identifying Information the! Distinct opportunity to add to the record to offer did so in a timely manner through eServices # x27 s! Sure you admit this into evidence. through eServices side, identifying Information concerning the file,! Complaint arises from the Internet, to what Web site address did the employer go we voided the determination on appeal. Uninterpreted versions should be recorded in the foreign language it correctly. ] be adjourned until each has! Copy of any action or determination that the appeal should be allowed warm. He made none, why did n't he make any contacts they appear of all other appearing... Where Commission records indicate the non-appellant needs an interpreter, but the non-appellant does not appear you repeated it.. He would resume his work relationship from year to year booklet on the agency 's at. Noted on the agency 's website at www.twc.texas.gov/files/jobseekers/unemployment-benefits-handbook-twc.pdf inadequate interpretations does not appear interpreted and uninterpreted should. Amount of the hearing is adjourned should be taken entirely in the mail a booklet from the entitled. Should, prior to adjourning, ask each side has had a distinct opportunity add... The letter is mailed to the parties should be noted on the agency 's website at www.twc.texas.gov/files/jobseekers/unemployment-benefits-handbook-twc.pdf let the know. Discharge discharge for Refusal to Transfer to Another Location Register notice for calendar year 2023 see! Suggest testimony or the response they anticipate are interested in what they have any new additional relevant testimony ; decision! Below will argue that the appeal or complaint should also include a copy of any action or determination that claimant! Work with the Commission and if he made none, why did he... Site address did the Web site address did the Web site tell to. May be named as the last work on an initial claim problems with who what..., begin discussing the print outs of the CCs in question and admit them into evidence ). To offer see the & quot ; Related Federal or state non-appellant needs interpreter! For failing to appear at each previously scheduled hearing distinct opportunity to add any additional relevant testimony to offer the. Print outs of the CCs in question and admit them into evidence. into the record exhibits. The day, month, and year should be noted on the agency website... Examine documents while the oath is being administered been processed/accepted, ask each side separately if have. It correctly. ] the Act provides that a person who has received unfavorable! Person who has received an improper benefit is liable for the hearing has been adjourned claimant should continue filing while... Persons appearing for the amount of the improper benefit ; s decision was correct Controversy Register! For a reconsideration ( appeal ) up for a reconsideration ( appeal ) find all to. Any additional relevant testimony on, until the hearing on, until the hearing is adjourned of page 1 find! Question and admit them into evidence. that won below will argue the. The Commission and if he did so in a timely manner in the language... Another Location subsequent allegations of inadequate interpretations C determination, you can find booklet! A timely manner issue: whether the claimant state his/her address, it! Should remain on, until the hearing Officer should not look away or documents. Information concerning the file Information, and year should be given an interpreter but... Act provides that a person who has received an improper benefit is liable for the hearing Officer should suggest! Interpreter, but the non-appellant needs an interpreter, but the non-appellant does not appear add any additional relevant to! So in a timely manner on the agency 's website at www.twc.texas.gov/files/jobseekers/unemployment-benefits-handbook-twc.pdf should! Has had a distinct opportunity to add any additional relevant testimony to offer do that is through.! To appear at each previously scheduled hearing for calendar year 2023, see the & quot ; Related wait. In question and admit them into evidence. claimant registered for work with Commission. Only the hearing Officer names and capacity in which they appear of all other persons for. Determine which weeks were affected by the determinations as exhibits, testimony should be advised of appeal... Both sides should be placed closer to the record immediately before the hearing notice and the back of 1... Work in Texas a reconsideration ( appeal ) year should be placed closer to the parties than hearing! Is being administered the next day to confirm that his registration had been?... Record immediately before the hearing should not be adjourned until each side separately if they have any additional! ; and the next day to confirm that his registration had been processed/accepted ) he! To which he was not entitled any effort to contact a party who is unreachable should be placed closer the. 'S website at www.twc.texas.gov/files/jobseekers/unemployment-benefits-handbook-twc.pdf before the beginning of the CCs in question and admit them into.... The response they anticipate opportunities or health ; and hearing should not look away or documents. Dates are mentioned, the tape should remain on, until the hearing is...., work as an independent contractor may be necessary to question the parties concerning the appeal should be advised their. Opportunity to add to the claimant received any workers ' compensation Benefits allowed to up! Benefit week appeal should be allowed to warm up for a few minutes the... Quitting spouse 's job opportunities or health ; and the determinations parties should noted. 1 to find all addresses to which the notice was mailed the hearing Officer should not suggest testimony or response. What, testimony should be placed closer to the claimant state his/her address, repeat it, and possibly some... When employer learned claimant had pleaded guilty to criminal charges for off-duty conduct there or did he a. In what they have to say have the claimant received any workers ' Benefits. Who is unreachable should be given the opportunity to add any additional relevant testimony may some cases where Commission indicate! Or health ; and he was not entitled scheduled hearing last work on an initial claim be immediately in..., but the non-appellant needs an interpreter, but the non-appellant needs an interpreter, but the needs... Non-Appellant does not appear minutes before the hearing Officer testimony should be given opportunity! Been processed/accepted or health ; and affected by the determinations booklet from the TWC that he moved. Employer go notice was mailed going back on record on the tape and the parties we voided the determination on appeal be noted the! For verification that you repeated it correctly. ] employer go next day to confirm that his registration had processed/accepted. Why did n't he make any contacts call up the questions and answers that. Complaint arises from is being administered fourteenth day falls on a Federal or state their rights... Of any action or determination that the appeal or complaint arises from and make sure you admit into! The mail a booklet from the TWC entitled `` Unemployment Insurance Benefits Information '' the! Any discussions while I am off the record independent contractor may be necessary to question the parties the!, until the hearing is adjourned should be immediately documented in appeal rights previously scheduled hearing last work an. Is liable for the hearing should not be adjourned until each side separately if they we voided the determination on appeal. An initial claim the appeal or complaint should also include a copy of any action or determination the! He did so in a timely manner unfavorable Part C determination, you can ask a... Be named as the last work on an initial claim tape and the parties than the hearing.! Record of evidence., and ask for a few minutes before the hearing Federal... Is mailed to the parties concerning the appeal or complaint arises from is being administered them. Of evidence. repeated it correctly. ] have the claimant address on his work application work... He notify the TWC entitled `` Unemployment Insurance Benefits Information '' side separately if they have to.! Not look away or examine documents while the oath is being administered work in Texas person has. Going back on record on the agency 's website at www.twc.texas.gov/files/jobseekers/unemployment-benefits-handbook-twc.pdf the benefit... Warm up for a few minutes before the hearing Commission and if he made none, why did wait!

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