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. That means the other witnesses would be excluded from the hearing except for when they are testifying. When is/was the claimant attending school? If yes, how long? 2011 Texas Workforce Commission Sitemap Policies Open Records Report fraud: 800-252-3642, (i) is recorded in any form or medium that identifies the employee as the patient; and. What was the deadline by which he had to register? Witnesses should be cautioned not to leave the area as they need to be immediately available when called to testify. State law gives TWC sole authority in disputed unemployment benefits claims; no other state agency or official can affect the outcome of an appeal. (If the CC was not timely filed) When was the claimant supposed to have filed that CC? was other work available and made known to the claimant If a party requests a continuance or postponement, the Hearing Officer should ask the reason for the request for the record. Was the chain of custody maintained? The witness should be required to answer definitely the question before proceeding to the next question. Issues: Whether the claimant received benefits to which the claimant was not entitled. You may need to make copies of the applicable pages and send to the claimant (and the employer if one was notified of the hearing) and admit the pages into evidence during the hearing. - resume, direct contact, phone)? If a reversal is mailed within fourteen days from the date the original determination was mailed and prior to the appeal date, you don't have to take testimony on the issue. At the time the claimant filed his claim for benefits, was he able to work? [state the name of the employer's primary representative], please give me the employer mailing address so we can mail you a courtesy copy of the decision. If the claimant contends that the claimant did not receive the benefits in the debit account, continue and get the debit records from the state office. If the hearing notice shows availability as an issue to be covered, double check the NMDL screen in the mainframe Benefits system or the Overview tab in the Appeals Benefits system to see if there is another determination correctly ruling on availability. The Hearing Officer is responsible for obtaining a complete and clear record of all testimony taken in a hearing. Of course, any hearing of a jurisdictional issue must address itself to proper mailing addresses. NOTE: The letter is mailed to the Work in Texas address rather than the claimant master file address. Did the claimant read and understand the instructions? In the event the participant cannot or will not to pull over, the Hearing Officer should proceed with the hearing. was claimant required to notify a specific person Click the PROGRAM INFORMATION in the left nav bar. "I will be asking you questions to bring out the facts in this case. were proper progressive disciplinary procedures followed What is his level of education? These Filing determinations are different from the standard Filing determinations and use different canned statements, but they use the same section of law. The requesting party is not required to offer any justification for its request. "This is a hearing in Appeal No. Did the party read the determination/decision? When did the claimant file his initial claim for benefits? Do not ask the claimant if they are willing to pay the money back. It is the responsibility of the Hearing Officer to advise the parties of their rights, to give them an opportunity to fully develop their positions, and to insure that all evidence necessary for a fair decision is presented, regardless of whether or not a party is represented by an attorney or other, or has no representation. 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. ), (If the employer is not a party of interest) "The claimant will have the right to appeal the decision if the claimant disagrees with it. Do not ask the claimant if they want a postponement to hire an attorney. ________ will act as an interpreter in the hearing today. How many days did the employer think it had to protest? XX8 Void/cancel previous claim 5. When relevant and material documents necessary to decide a case have not been provided to the Hearing Officer or the opposing side, the Hearing Officer may schedule a continuance to obtain the evidence if other measures described in Section 316 have been unsuccessful. When does school end? The Hearing Officer may, on his or her own motion and without the concurrence of the parties, place witnesses "under the rule". (The Notice of UI Application would have contained an Access Key number the employer would have had to enter to access the internet response screens.) Did the claimant perform services for a governmental entity that provides services to educational institutions? If a witness is unavailable, the Hearing Officer may proceed without that witness as long as the Hearing Officer has made a reasonable effort to contact the witness. What type of work was he looking for (for each claim week)? For what types of jobs is the claimant looking? any change in workload, hours, responsibilities did employer ask for explanation by claimant 7031 Koll Center Pkwy, Pleasanton, CA 94566. Fact Pattern: At time of employer's annual two week shutdown, claimant and other similar workers are placed on vacation status, performing no work and with a recall date two weeks thereafter, and were issued vacation pay equivalent to two weeks pay for the period. Keep in mind that the parties to the underlying issue will also be parties to the threshold issue of good cause. Even if both parties are now present, the previous hearing tape should be played. Issue: whether the claimant reported to the claims office as instructed. Did the employer understand the notice? Was he aware he was supposed to report his wages on his continued claims? how was claimant made aware of the policy Put the witness at ease. did performance improve In questioning a witness testifying through an interpreter, the Hearing Officer should phrase all questions in simple language. had claimant's pay been reduced in the past Only if all parties stipulate in writing or on the record that they will allow the testimony and other evidence from the previous hearing to constitute the record for the second appeal will a second hearing not be necessary. Select the initial determination by entering "S" and pressing enter. If yes, did the party receive the notice at the address to which it was mailed? was reduction permanent/temporary (how long) Did claimant tell the employer about this event? was there also going to be a reduction or addition of benefits Deaf, hard-of-hearing or speech-impaired customers may contact TWC through the relay service provider of their choice. You can check your claim status online at Unemployment Benefits Services or call Tele-Serv at 800-558-8321. However, if the digital system is not available, the Hearing Officer should use a tape recorder rather than canceling hearings. What type of work was he qualified to perform? Did he check back the next day? did claimant complain to employer [If the case involves some other issue it should be described as outlined on the notice. At a mailbox or a post office? where did the fight occur did claimant ask for transfer or light duty A request that witnesses be placed "under the rule" should be granted upon application of either party. did claimant go back to work (if not, why not) The parties should be advised that the hearing will be scheduled for one of the next two office days. what was employer's policy regarding vacation What did the letter say? Issues: Whether the employer filed a timely protest to the notice of the initial claim If the fourteenth day falls on a federal or state . If this occurs, and the parties for the next scheduled hearing have called in to participate, the prior hearing must be continued and the next scheduled hearing begun on time. If the witness is unable to participate when called, due to the lack of advance arrangements, the Hearing Officer should normally proceed with the hearing, without the witness. It is very helpful to print these screens in advance of the hearing and mail them to the parties so you can discuss them, if necessary, and admit them into evidence during the hearing. These hearings normally will be conducted by telephone. (You may need to obtain the confirmation sheet and admit it into evidence.). 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. Precedents: MC 140.05; MC 140.15; MC 140.20; MC 140.25; MC 140.30, what is company policy regarding documents/vouchers (per week, per month, etc.) If they are done outside the fourteen day time period, they are not valid and have to be set aside. Admit the hearing notice into evidence during the hearing. ________ may interrupt you in order to interpret what you have said, and after he or she has finished the interpretation, you may continue to answer the question." All such requests must be made in writing by the party and sent to Texas Workforce Commission, Tape\Document Duplication. (The BPCS and Certifications tab screens mentioned above will show how much in benefits he was paid for each claim week. At the continuance, you will need to discuss the warrants with the claimant and admit them into evidence.). 400 Second Street, N.W. Did claimant ask others if they saw the correspondence? Did he report as instructed? When was the last day the claimant worked for that person/company? Did the party read the hearing notice? 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. Occasionally, inquiries may be received from attorneys or other agents who represent individuals at hearings. Accordingly, all information pertaining to a claim for benefits would be considered confidential with regard to the general public. Cases involving the threshold issue of good cause to reopen under Commission Rule 16 will be scheduled for a preliminary hearing on that issue alone. An appeal is your written notice that you disagree with a TWC decision and want your case decided through the appeal process. If an employer does not agree with the determination, they may file an appeal. Law: Section 207.044; Section 207.045; Section 208.001, was there a continuation of benefits If yes, from when to when? The state office will attempt to anticipate the length of time required for each hearing. Section 207.045 of the Act provides that an individual who left the individual's last work voluntarily without good cause connected with the work is disqualified until the individual has returned to employment and worked for six weeks or earned wages equal to six times the individual's benefit amount, unless the individual left work to move with a spouse from the area where the individual worked. If the claimant named the incorrect LEU on an AC or CC, the claim is voided under Section 207.021(a)(2) of the Act. Extraordinary care must be used under adverse conditions. Was he told at that time that he would be required to file claim certifications? Claimants who file on-line or through the Tele-Center are specifically told about their responsibilities regarding work refusals.). did claimant notify employer of event A leaked draft of a U.S. Supreme Court opinion reversing Roe v. Wade sets the stage for a high-stakes vote in August on a constitutional amendment removing a woman's right to terminate a pregnancy. The section of law used in the determination is 207.021(a)(1), which is the section of law for reporting to the claims office and registering for work. any other workers' pay reduced common practice What are his hours? In cases involving the claimant's separation from work, detailed information should be obtained concerning the claimant's last work such as the dates of employment, job title and duties, hours of work, rate of pay, and complete facts on the reason for separation from work. You cannot access this information on the CMF or Benefits Inquiry, and it is not sufficient to merely accept the claimant's testimony. had claimant been advised previously that pay might be reduced in future To whom did he speak? was voucher approved originally (if so, why and by whom) The Hearing Officer should maintain an impartial demeanor throughout the proceeding when addressing or questioning witnesses. ), Did the claimant read that booklet? The Hearing Officer should be completely impartial in this respect, as it is his/her responsibility not only to provide a fair hearing for the parties involved, but to be sure that all necessary facts are established so that the decision will be in accord with the intent of the law and protects the public interest which sometimes does not coincide with the interests of the parties. It is for the Hearing Officer to decide when an independent investigation is necessary. When did he receive it? 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