In this tutorial you will have a Reemployment Assistance Guide on the Appeals Hearing. Whether you have filed an appeal, or you have received notice that an opposing party has filed an appeal, you are probably wondering what to expect in the appeals hearing.
Whay You Need to Know
Here’s what you need to know about the appeals hearing. Hearings are held by phone with an appeals referee. By 1:00 p.m. the business day prior to the hearing, you must call the office of appeals to confirm the hearing and provide KDOL with the phone number where you can be reached for the hearing.
Even if you have previously provided KDOL with a telephone number, you must call the office of appeals by 1:00 p.m. the business day prior to the hearing in order to provide the telephone number at which you wish to be contacted for the hearing along with the names and telephone numbers of any additional witnesses or participants.
Review all documentation
Be sure to review all documentation sent to you prior to the hearing and have it with you at the time of the hearing.
Also, make sure you have a good phone connection at a place with limited background noise. If your cell phone disconnects or becomes inaudible during the hearing, the referee will not be able to reconnect with you.
You will be treated as a non-appearing party, and the referee will make a decision based on the record at hand. If you have provided a telephone number at which to be contacted for the hearing, the referee will call you and all other participants at the telephone numbers provided at the scheduled time of the hearing.
The referee will start the hearing by calling the case to order, identifying himself or herself, the parties, and the issues to be decided. The referee will also provide instructions about how the hearing will be conducted.
The referee will administer the oath to all witnesses as testimony provided in the hearing is subject to the perjury laws of the state of Kansas. The referee gathers testimony from the parties one at a time. It is important to wait your turn to testify and refrain from interrupting.
After one party testifies, the other party will have the chance to cross examine them. This means that you are allowed to ask questions of that witness.
Cross examination
Cross examination is solely an opportunity to ask questions. You cannot make statements, argue, or provide testimony at that time. After everyone has had an opportunity to testify, the referee will allow the parties one final chance to make any additional statements. It is your last chance to tell the referee why you think you should win your case.
The referee will then conclude the hearing. A decision will be issued and mailed to you as soon as possible after the hearing.
Wait times for decisions vary depending on the referee’s case load and the complexity of your case.
Disagree with decision?
If you disagree with the decision, you may request an appeal by the Employment Security Board of Review.
The request must be made within sixteen calendar days of the mailing date of the referee’s decision.
Please know that the Board does not conduct a new hearing but reviews the initial hearing and the documentation presented.
Provide all relevant testimony
For this reason, it is important that you provide all relevant testimony and evidence to the referee during your hearing. The Board of Review will consider whether a proper decision was made by the referee and issue a decision.
You may appeal the Board’s decision to the District Court and up through the Kansas Court of Appeals and Kansas Supreme Court if you desire. These additional appeals are at your expense.
Additional information explaining the appeals process is available online at GetKansasBenefits.gov under Frequently Asked Questions.
Thank you for reading and have a great day.