The Employment Department UI Tax Section issues certain documents that can be appealed if the employer does not agree with the Department’s decision. The appeal process is done through a hearing request.
Click Here to File a Hearing Request
Preparing and Submitting Exhibits and Witness List
You should only submit
exhibits that are relevant to your case.
If the exhibit is not relevant, then the administrative law judge (ALJ)
may not admit the exhibit into evidence. Exhibits should be marked with the
letter “R” followed by a number (R1, R2, R3, etc.), and if the exhibit is
multiple pages, it should include page numbers.
You may choose to submit an exhibit list that includes the exhibit
number, number of pages of the exhibit, and a description of the exhibit.
You should only identify
witnesses who have relevant testimony to your case. If a witness simply repeats
what others will say, or does not know anything about your case, the ALJ may
not allow him or her to testify. Be sure the witness is available to testify at
the hearing. If your witness is not willing to appear at the hearing, contact
the OAH prior to the hearing for a subpoena.
A witness list is required
if you are calling any witnesses. It
should include the witness’s name and contact number. The ALJ will use this information to contact
the witnesses during the hearing.
It is important that you
submit your exhibits and witness list to the OAH by the deadline established by
the ALJ at the prehearing. If you do not
submit the exhibits and witness list by the deadline, the ALJ may not consider
the information as part of the record.
You must also provide a
copy of the exhibits and witness list to the Department’s authorized
representative by the established deadline.
If you do not provide a copy to the authorized representative by the
deadline, the ALJ may not consider the information as part of the record.
If you plan on questioning
any witness about a specific exhibit, it is your responsibility to send a copy
of that exhibit to the witness.
You will receive a copy of
the Department’s exhibits and witness list from the Department’s authorized
representative by the deadline.