| Hearings And The Appeals Process |
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Any time we reduce or deny your benefits, we notify you in writing. These written notices are called Administrative Decisions and have appeal rights. If you do not agree with the decision, you have the right to have the decision reviewed through the appeals process, which means you can have a hearing. Your employer has the same right if a written decision allows benefits.
With every administrative decision, you receive information about your right to appeal for a hearing. Administrative decisions become final twenty (20) days after the mailing date, so do not delay if you want a hearing. You may appeal by a letter mailed or faxed to the office address shown on the Administrative Decision. Your letter must specifically state, "I request a hearing." You must sign the letter and include your Social Security Number. To protect your rights, follow the instructions for requesting a hearing included with the decision.
AFTER YOU REQUEST A HEARING, CONTINUE TO REPORT BY CLAIMING BENEFITS FOR EACH WEEK YOU REMAIN UNEMPLOYED. If you win, you may be able to receive benefits for these weeks.
The Office of Administrative Hearings will schedule your hearing. Everyone involved will be notified by mail of the day and time of the hearing. You will also receive information about the hearing process. Our hearings are informal. You can, but do not have to, obtain legal representation.
Most hearings are held by telephone. An Administrative Law Judge, a neutral judge of the facts in your case, conducts the hearing. Statements made at the hearing by you, your employer or any witnesses are taken under oath and tape recorded. The person conducting the hearing will issue a written decision based on what is said and presented in writing at the hearing.
It is very important for the Hearings Section to have your correct telephone number or message number. Please notify both the Hearings Section and your Unemployment Insurance Center if you change your address or phone number after you request a hearing.
We can make special arrangements if you are hearing impaired or need a special accommodation.
If you disagree with the hearing decision, you can appeal it to the Employment Appeals Board. To protect your rights, follow the instructions for requesting a review included with the hearing decision. The Employment Appeals Board will consider only what was said and presented in writing at the hearing. The Employment Appeals Board will mail a written decision to the parties when they complete their review. If you disagree with this decision, you can appeal it to the Oregon Court of Appeals and further appellate courts.
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