New Hampshire Employment Security Appeal Tribunal. Erika Randmere Administrator

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1 New Hampshire Employment Security Appeal Tribunal Erika Randmere Administrator

2 Mission Statement The mission of the Appeal Tribunal is to provide a fair hearing with the greatest promptness administratively possible.

3 Appeal Rights The Social Security Act of 1935 requires that each state unemployment insurance (UI) law provides an opportunity for a fair hearing before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied. Therefore, initial determinations are required to include information about how and where to file an appeal and the filing deadline.

4 Appeal Hearing A hearing is in essence a "proceeding of relative formality (though generally less formal than a trial), generally public, with definite issues of fact or law to be tried, in which witnesses are heard and parties proceeded against have a right to be heard, and is much the same as a trial and may terminate in final order." (Blacks Law Dictionary, 5th Ed.)

5 First Level Appeal The first level appeal results in a de novo hearing, either in person or by telephone, after which the hearing officer either upholds, reverses or modifies the initial benefits determination., i.e., the denial or approval of UI benefits.

6 Second Level Appeal If a second level appeal is filed, the Commissioner issues a decision in writing and includes information about the next level of appeal with the Appellate Board.

7 Third Level Appeal If dissatisfied with the Appellate Board Decision, a party may request reconsideration.

8 Last Appeal Level Ultimately, an interested party may appeal with New Hampshire Supreme Court.

9 Filing An Appeal Emp Appeal to and Hearing by Appeal Tribunal. (a) An appeal to an appeal tribunal from a certifying officer s determination shall be in writing and filed in any office of the department within 14 calendar days from the date of mailing of said determination. The commissioner shall extend the time for filing pursuant to RSA 282-A:48 if he finds sufficient grounds which shall include illness, accident, the death of a family member, or similar problem beyond the control of the claimant, to justify or excuse a delay in filing.

10 Postponements Emp Postponements and Continuances. (a) Any party to a hearing may make an oral or written motion that a hearing be postponed or continued to a later date or time. (b) If a postponement or continuance is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly, unless such unavailability is due to action or inaction on the part of the party.

11 Dismissals Emp Failure to Attend Hearing. (a) If any party to whom notice has been given in accordance with Emp fails to attend a hearing, the presiding officer shall either: (1) Dismiss the case, if the party with the burden of proof was also the appellant and fails to appear; (2) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case; or (3) Hear the testimony and receive the evidence offered by a party if a fair record can be developed based on the available evidence and the witnesses present or if the rights of any party present would be violated by failure to proceed.

12 What distinguishes lower authority appeals hearings from the benefit adjudication level are the due process elements: Right to an adequate and timely notice of hearing, Right to call witnesses (including right to request subpoenas), Right of representation at own expense, Right of confrontation (opportunity to confront all opposing witnesses), Right of cross-examination, Right to receive a written decision based on the record made at the hearing.

13 The Appeals Hearing includes: An opening statement of the issues to be considered, Swearing in, or affirming of, the individuals giving testimony, Testimony to the material points of the issue, Opportunity to question testimony of the opposing party and also of one s own witnesses, Opportunity to present additional information relating to the issue of the case not already testified about including exhibits, and A closing statement.

14 The Appeal Decision includes: Issue of law, Findings of fact, Conclusion of law, and Decision.

15 Java During a pending employer appeal, New Hampshire cannot withhold benefits from claimants who have been determined eligible to receive such payments. This requirement resulted from a U.S. Supreme Court ruling known as the Java Decision (California Department of Human Resources v. Java), and protects claimants until such a time a decision is issued that reverses their eligibility determinations.

16 Royer During a pending claimant appeal, New Hampshire cannot withhold benefits from claimants who were initially determined eligible for benefits and subsequently disqualified from future benefits without prior notice of a hearing. This requirement resulted from a N.H. Supreme Court ruling known as Royer Decision (Royer v. DES 118 NH 673 (1978)), and allows claimants the option to continue receiving benefits pending the outcome of the hearing.

17 Federal Standards Quantity: The State has issued at least 60 percent of all first level benefit appeal decisions within 30 days of the date of appeal, and at least 80 percent of all first level benefit appeal decisions within 45 days. Quality: 80% of hearings score equal to or greater than 85% of potential points, based on the evaluation results of quarterly samples (20) selected from the universe of lower authority benefit appeal hearings.

18 Law and Rule Appeal Information Online Appeal Form Application for Subpoena Hearing Representation Letter Request to Postpone or Continue a Hearing Hearing Participation Change Request