The Panel cannot alter the Hearing Officer's decision based on evidence that was not presented during a hearing. Therefore, if you failed to appear for the hearing that was scheduled and wish to present evidence, you must request a new hearing. Only parties who failed to participate in their scheduled hearing can request a new hearing. If you or your designated representative participated in the hearing that was held, you must file an appeal.
There are two procedures for requesting a new hearing, depending on whether or not you were the party that appealed the initial Deputy's Decision.
Appealing party (The party that appealed the Deputy's Decision).
If the party that appealed the Deputy's Decision fails to appear for the hearing, the appeal is dismissed. If your appeal has been dismissed for your failure to appear, you must request a new hearing through the UI Appeals Section. The instructions for requesting a new hearing are on the Notice of Dismissal mailed to the parties after the hearing has been dismissed. You may also contact the UI Appeals Section at (303) 318-9299 or 1-800-405-2338 outside the Denver metro area, or mail your request to the U.I. Appeals Section, P.O. Box 8988, Denver, CO 80201-8988.
Non-appealing party (Did not appeal the Deputy's Decision)
If the party that fails to appear for the hearing is not the party who appealed the Deputy's Decision, the hearing proceeds and the Hearing Officer bases the decision on the evidence presented by the party who is present at the hearing. If you have received a Hearing Officer's decision for a hearing you or your representative did not attend either in person or by telephone, you must request a new hearing through the Industrial Claim Appeals Office. Requests for new hearings should be submitted to Industrial Claim Appeals Office, PO Box 18921, Denver, CO 80218-0291, faxed to this office at (303) 318-8139, or e-mailed to ICAO@state.co.us. The instructions for requesting a new hearing also appear at the end of the Hearing Officer's decision in an area labeled "Appeal Rights."
Regardless of whether you are requesting a new hearing through this office or the UI Appeals Section, please include in your request the following: The claimant's name, the docket number, a copy of the decision you are appealing OR the date of the decision you are appealing, and a statement of the reasons why you did not participate in the scheduled hearing. Be as specific as possible in your statement.
ICAO has provided a form to use as a guideline for your appeal. To access the form, please click ICAO New Appeal-New Hearing Request Form.
New hearings may only be scheduled if good cause is shown for the failure to appear. Therefore, in your request, you should provide a complete written explanation or statement of the reasons why you did not participate in the scheduled hearing. Be as specific as possible in your request.
Regulation 12.1.8, 7 Code Colo. Reg. 1101-2 states that any relevant factors may be considered when determining whether good cause has been shown. Those relevant factors may include, but are not limited to:
If you receive a notice asking for additional information, answer all the questions to the best of your ability and provide any evidence you feel supports your request, as you may not have another opportunity to do so. The Panel or the Hearing Officer will then issue a decision as to whether good cause has been shown for the failure to appear. If good cause has been shown, a new hearing will be scheduled and evidence regarding the issue in dispute from employment can be permitted at that time.
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