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Q. What is an appeal?
A. An appeal is a written disagreement of a Notice of Decision that was issued by us. The claimant or employer (interested party) listed on the Notice of Decision can submit a written appeal. When a written appeal is submitted, a request is being made for a hearing before a hearing officer. A Notice of Decision must have been issued in order to submit an appeal
Q. What does the Appeals Section do?
A. We process written appeal requests and schedule hearings for those requests. The Appeals Section has no authority to change, fix, reopen claims, or issue PINs.
Q. Where can I find more information about appeals?
A. For more information about the appeals process, read The Appeals Process, Publication AS-52, or call us at 303-318-9299 (Denver-metro area) or 1-800-405-2338 (outside Denver-metro area).
A. If you receive a Notice of Decision and disagree with it, you can submit a written appeal right away.
Q. How do I submit an appeal?
A. Submit your appeal online through MyUI by viewing your Notice of Decision or use the form on the back of the Notice of Decision to write and submit an appeal statement. Include a clear explanation of what you disagree with and why you disagree with the Notice of Decision. Your appeal statement does not need to be lengthy, but it should include specific details about the reason you disagree with the decision. Attach additional pages if necessary.
Please make sure that the correct decision is attached to the appeal, and that the details - such as the identity of the employer and the name of the claimant - match. Provide any address changes and interpreter information on the form. Sign and date your appeal. Put the claimant's name and social security number on each page. Mail your appeal to Unemployment Appeals Section, PO Box 8988, Denver, CO 80201-8988, OR fax it to 303-318-9248. Mail your appeal, or fax it; do not do both.
Q. When is my appeal due?
A. We must receive your appeal within 20 calendar days of the date mailed at the top of the Notice of Decision. This includes Saturdays, Sundays, and legal holidays. If the 20th calendar day is a Saturday, Sunday, or legal holiday, the due date becomes the next business day. The postmark date of your appeal does not count.
Q. How long does the appeals process take?
A. The process generally takes from four to six weeks from the time we receive your appeal until the time you receive a hearing officer's decision.
Q. Do I need an attorney?
A. You are not required to be represented by an attorney. You have the right to be represented by an attorney or other individual at your own cost, but whether you obtain representation is up to you. We cannot recommend an attorney.
Q. What do I need to include with my appeal?
A. Include your written appeal statement and both the front and the back of the Notice of Decision you are appealing. Failure to send a copy of the Notice of Decision will delay your appeal. You will have an opportunity to provide evidence or additional documentation to all interested parties after a hearing is scheduled. However, evidence or additional documentation must be received by all interested parties prior to the date of the hearing.
Q. What happens after you receive my appeal?
A. We review the Notice of Decision and your written appeal statement to determine if a hearing can be scheduled. If so, a hearing file is assembled, and hearing packets are mailed to all interested parties (claimant, employer, and any others). We will not notify you that we received the appeal. Typically, you will not hear from us until you receive a Notice of Unemployment Insurance Appeal Hearing (hearing packet) in the mail. If we cannot process the appeal for a hearing, you may receive a different kind of response.
Q. What should I do after I submit an appeal?
A. If you are still unemployed, regardless of whether or not you are receiving benefits, continue to request payment every two weeks and continue to meet all other requirements during the appeal process. Notify us of any address changes.
Q. Will I get back pay?
A. If you win the appeal and you have been continuing to request payment, you may be entitled to back pay. You will only receive pay for the weeks that you have requested payment and for which you are eligible.
Q. I received a Notice of Unemployment Insurance Appeal Hearing. What should I do?
A. The hearing packet you received includes a Notice of Unemployment Insurance Appeal Hearing, an appeal statement, and all relevant documentation from the claim file. Prepare for the hearing by reading all materials in the hearing packet. Know the issues that will be addressed at the hearing and decide if you need to obtain or submit documents, other evidence, or if you need to have witnesses. You must submit any documents or evidence to all interested parties (the other names and addresses on the Notice of Hearing) prior to the date of the hearing. Finally, put the time and date of the hearing on your calendar as an additional reminder of the scheduled hearing.
Q. Do I have to register for a hearing?
A. Yes. You must register for the hearing by phone no later than 2 p.m. Mountain Time the calendar day before the scheduled date and time of your hearing, including weekends, so that the hearing officer can call you at the time and date of the scheduled hearing. To register, follow the instructions on the hearing notice. For example, if your appeal is on a Monday, you must call the registration line by 2 p.m. Mountain Time the Sunday before.
Q. What if I need Disability Accommodation?
A. In order to request an accommodation due to a disability, call 303-318-9299 prior to the scheduled hearing.
Q. What if I want Representation at a Hearing?
A. The hearings are informal. Legal or other representation is permitted but not required to fully present your case. You may choose to hire an attorney at your expense. You can also have a friend, relative, union steward, trade organization, law student, or anyone else represent you at the hearing.If you choose to have a representative, you will still have to tell your side at the hearing. Only the representative will be permitted to ask questions of the other side’s witnesses and handle any procedure-related matters. The representative will also have an opportunity to question you and your witnesses.
Q. My former employer submitted an appeal. Will this stop my benefits?
A. Your unemployment benefits will not stop unless the employer wins the appeal. Benefits do not stop during the appeal process. If the employer wins, you may have to pay back any benefits you have received.
Q. Do I need to participate in the hearing?
A. Yes. If you submitted the appeal, you must participate, or your appeal will be dismissed. You should also participate if the opposing party submitted the appeal. The hearing officer makes a decision based on what is presented during the hearing. If you do not participate, the hearing officer will hold the hearing without you and without your side of the story. If you do not participate, any documents you submitted will not be used by the hearing officer to make his or her decision. Even if you are not currently unemployed, or do not want benefits from that employer, it is in your best interest to participate in the hearing.
Q. Do I need to come in person for my hearing?
A. No. Appeals hearings are scheduled by telephone. If you are unable to appear by telephone and require an accommodation, please contact the Appeals Unit at 303-318-9299. Do not appear for a hearing in person unless the Appeals Unit has granted an accommodation.
Q. What if I have a schedule conflict with the date and time of the hearing?
A. Call us as soon as possible to request a postponement if you are unable to arrange your schedule to participate in the hearing. You must tell us why you cannot participate in the scheduled hearing. The Appeals Section has the authority to either grant or deny postponement requests. We will only grant postponements for valid reasons. Call us at 303-318-9299 or 1-800-405-2338 to request a postponement. Do not submit a postponement request in writing because additional information may be needed. Written postponement requests will not be granted.
Q. What if I need an interpreter for the hearing?
A. Call us as soon as possible to request an interpreter at 303-318-9299 or 1-800-405-2338.
Q. Where is the hearing?
A. Your Notice of Hearing will tell you the address and will give you the phone numbers for the hearing. Hearings are held in downtown Denver and at other hearing offices around Colorado. You can also participate in any hearing by telephone.
Q. What can I talk about at a hearing?
A. You can talk about anything that is contained in the hearing packet (the appeal statement and the claim file information) and anything that is sent to and received by the hearing officer and all interested parties before the day of the hearing. You cannot bring up anything new during the hearing.
Q. How do I get witnesses or evidence for my hearing?
A. It is your responsibility to arrange for witnesses and to obtain evidence for a hearing. If a witness will not participate voluntarily, or if a critical piece of evidence is held by another person, you can request a subpoena. A hearing officer will review your request and has the authority to either grant or deny it. A subpoena will not be granted if it is burdensome, if the testimony adds nothing to your argument, or if it repeats other information. If you think you need a subpoena, wait until you have received your Notice of Hearing. Then, as soon as possible, call us at 303-318-9299 or 1-800-405-2338. We will tell you how to submit a written request. We will not postpone a scheduled hearing to give you time to request subpoenas.
Q. How will my witnesses participate in the hearing?
A. Make sure your witnesses will be available at the scheduled hearing time. Witnesses can come with you if you are participating in person, or your witnesses can participate by phone (even if you are in person). Give the hearing officer the names and phone numbers of the witnesses at the beginning of the hearing. The hearing officer will contact them as needed.
Q. Am I required to have evidence? Isn't it just my word against theirs?
A. You are not required to submit evidence for a hearing. If all you have is your testimony, be prepared to make your case based on facts, not on philosophical arguments or on proof of financial need. Focus on the issues under appeal, and remember that new information cannot be introduced during the hearing. You may want to prepare a simple outline or written summary to help keep you on track during the hearing.
Q. What should I do with my evidence?
A. Wait until you receive your Notice of Unemployment Insurance Appeal Hearing. Then, send any evidence to be used in the hearing to the hearing officer and to everyone else listed on the Notice of Hearing. It is usually best to fax your information to the hearing officer using the Notice of Hearing as a fax cover sheet. Please be sure to deliver documents necessary for the hearing to the work site employer; particularly, the people who will be directly involved in the hearing. There is not a requirement about how you send the information to the other parties, and we do not require proof that it was sent is provided (although you can if you think it best). All interested parties must receive this information prior to the hearing. During the hearing, request that the hearing officer enter your evidence as exhibits.
Q. When should I arrive, or call, for the hearing?
A. The hearing begins at the time stated on the Notice of Hearing. If you are participating in person, arrive at least 15 minutes early so there is enough time to check in for the hearing. If you are participating by phone, call at the time indicated on the Notice of Hearing. There is no need to call earlier. You should not have to wait for your call to be answered, but if you get a busy signal, keep trying. If you are having trouble after repeated attempts, call 303-318-9299 or 1-800-405-2338.
Q. What happens during a hearing?
A. The hearing officer will identify the case and all persons present at the hearing. The hearing officer will explain the issues and the procedures to be followed. Parties who will testify are sworn in. The hearing officer will question the parties and witnesses, keep the hearing focused on the issues at hand, and enter evidence as exhibits if requested by the parties. You will be allowed to question the other parties, and they will be able to question you. The hearing officer will conclude the hearing after all testimony is taken. If you do not understand what is happening during the hearing, or if you are surprised by testimony being given, alert the hearing officer right away.
Q. How long will the hearing take?
A. Typical hearings are scheduled for one hour and usually last approximately one hour but may be shorter or longer.
Q. Will the Hearing Officer tell me the decision at the end of the hearing?
A. No. The Hearing Officer's Decision will be mailed to you as soon as possible after the hearing.
Q. When will I get the Hearing Officer's Decision?
A. You should receive the Hearing Officers Decision in the mail as soon as is possible after the hearing.
Q. Can I call to find out what the hearing officer decided?
A. No. We cannot give the results of the hearing over the phone.
Q. I won my appeal. When do I get my benefits?
A. The Appeals Section also sends a copy of the Hearing Officer’s Decision to the Benefits Department. If you win your appeal, the Benefits Department will change your claim. If you have been requesting payment, and if there are no other disqualifying issues on your claim, back payments are released when the claim is changed. This should occur within ten working days after you receive the Hearing Officer’s decision. If more time than this has passed, please call the Customer Contact Center at 303-318-9000 or 1-800-388-5515.
Q. What if I disagree with the Hearing Officer's decision?
A. You can appeal the Hearing Officer’s Decision to the Industrial Claim Appeals Office. Instructions for appealing are given at the end of the Hearing Officer’s Decision under the heading of “Appeal Rights.” For more information, visit Appeal a Hearing Officer's Decision.
Q. Why haven't I received a Notice of Decision?
A. If you have filed for unemployment benefits (claimant) and think you should have received a Notice of Decision, or if the phone line or MyUI says you are disqualified or postponed and you don’t know why, call the Customer Contact Center at 303-318-9000 or 1-800-388-5515 to find out. Remember, it takes from four to six weeks to process your claim for unemployment benefits. You probably will not receive any decisions during this time. If you are an employer and think you should have received a Notice of Decision, call the Employer Customer Service Line at 303-318-9055 or 1-800-480-8299, Option 5.
Q. What if my appeal is late?
A. If it is past the 20-calendar-day deadline, you can still submit an appeal. Write the reasons you did not send your appeal request on time. If we receive your written appeal late, a hearing will be scheduled. At the beginning of the hearing, the other party may object to the late appeal. If that happens, you must provide a detailed explanation, under oath, of the reasons why your appeal is late (this is called showing good cause). If the hearing officer determines that you do not have good cause for the late appeal, the hearing will be dismissed, and the deputy’s original decision will become final.
NOTE: If your appeal is received more than 180 days late, a hearing will not be scheduled, the appeal will be dismissed, and the deputy’s decision will become final.
Q. What should I do if I missed a hearing?
A. If you submitted the appeal, and you missed the hearing, the appeal was dismissed. The decision you appealed is still in effect. We will mail you a Notice of Dismissal for Failure to Participate. You have 20 calendar days to appeal the dismissal. To appeal the dismissal, send in a written explanation telling us why you did not participate in the hearing. You must send a copy of your explanation to all parties listed on the dismissal notice. Give specific details about why you missed the hearing. Once your appeal to the dismissal is received by the Appeals Unit, a new hearing will be scheduled. At the beginning of the hearing, the other party may object to a new scheduled hearing, and you must provide a detailed explanation, under oath, of the reasons why you failed to appear for the first hearing. This is called showing good cause. If you fail to appear for a second time, the hearing will be dismissed and that dismissal will be final. Hearings dismissed twice because the appealing party failed to appear are final and will not be rescheduled a third time.
If the party that submitted the appeal participated but you did not participate, you will receive the Hearing Officer’s Decision in the mail. If you disagree with the Hearing Officer’s Decision, follow the instructions at the end of the decision that explain how to request a new hearing. The Industrial Claim Appeals Office will review your appeal and will mail you a decision to inform you if your appeal for failing to participate is accepted. If it is accepted, the hearing will be rescheduled, and we will notify all parties listed on the notice by mail. For more information, visit Request a New Hearing
Q. What are good reasons for a late appeal or for missing a hearing?
A. Hearing officers must follow state regulations when reviewing the reasons why something is late or did not occur. You can find the guidelines in the Regulations Concerning Employment Security Regulation 12.1.8.
Q. How do I appeal a Hearing Officer's Decision
A. We have provided a form to use as a guideline for your appeal. Submit an Appeal.
Q. What do I do if my appeal is late?
A. An appeal of a Hearing Officer's Decision must be received by the Industrial Claim Appeals Office within 20 calendar days of the date of the decision. If the 20 days have passed, but you still want to file an appeal, you must show good cause for accepting the late appeal. You may file a late appeal by mailing a written statement indicating you are appealing to: ICAO, PO Box 18291, Denver, CO 80218-0291. You may also fax a written statement indicating you are appealing to: ICAO (303) 318-8139 or email it to: firstname.lastname@example.org. You must explain in detail why the appeal is late. Please include all of the following: 1) the claimant's name, AND 2) the docket number, AND 3) the date of the decision you are appealing.
Q. How long will the appeal process take?
A. In most cases, the Panel issues an order within two or three months after the date an appeal is received. The length of time it takes to resolve the appeal depends on how many appeals are pending at the Industrial Claim Appeals Office, as well as individual factors, such as the time required to prepare the hearing recording, the complexity of the issues involved, whether the parties file briefs, and whether extensions of time are needed for filing briefs.
Q. Will there be a hearing at the Industrial Claim Appeals Office?
A. No. The Industrial Claim Appeals Panel will not conduct a hearing. The Panel's review of the case will be based on a review of the record made before the Hearing Officer, as well as the parties' written arguments. After reviewing the case, the Panel will issue a written decision that will be mailed to the addresses on file for the parties.
Q. What is an appeal brief?
A. A brief, or written argument, is nothing more than a written statement of the reasons you disagree with the Hearing Officer's Decision. There is no particular format that must be followed when submitting a written argument. Most parties simply write a letter in which they outline the issues they wish the Panel to consider. Appropriate issues to raise in the written argument may include: The Hearing Officer failed to give sufficient weight to certain evidence introduced at the hearing; the Hearing Officer improperly ruled against requests you made during the hearing; the decision is not supported by the facts; the decision is incorrect as a matter of law; any other issues you may have with the decision or how the hearing was conducted. If there are specific portions of the hearing recording that support your position, be sure to refer to them in your statement. A written argument is NOT an invitation to submit "new" evidence that was not presented at the hearing. It is your opportunity to present statements based on the evidence reflected in the hearing that point out the factors the Panel should consider in making their decision. In other words, this is your chance to say why you feel the Hearing Officer's Decision should be changed or should stay the way it is.
Q. Do I need to type my brief, or is it permissible to submit handwritten information?
A. You are not required to type what you submit. Handwritten statements are acceptable, as long as they are legible.
Q. Am I required to file a brief?
A. The parties to an appeal before the Industrial Claim Appeals Office do not have to file a brief. A brief is your opportunity to provide the Panel with a more detailed or specific explanation of why you feel the Hearing Officer's Decision should be reversed or affirmed. If you are the appealing party, and have nothing to add to the explanation in your initial appeal statement, you may decide that a brief is unnecessary. If you are the opposing party, you will be mailed a hearing recording along with a Notice of Appeal and Opportunity to File Additional Argument in support of the Hearing Officer's Decision. If the appealing party files a brief, the opposing party may or may not be given an opportunity to file a second brief in response to the appealing party's brief. However, if the appealing party does not file a brief, the opposing party definitely will not have another opportunity to file a brief. Therefore, if the opposing party has arguments to make in support of the Hearing Officer's Decision, they should file a brief when they receive the hearing recording and initial Notice of Appeal and Opportunity to File Additional Argument. The opposing party may, however, determine that a brief is unnecessary and elect not to file a brief. Example: An employer disagrees with the Hearing Officer's Decision in a particular claimant's case, and timely submits an appeal to the Panel. A "Notice of Appeal and Opportunity to File Additional Argument" is sent to both parties, along with a copy of the hearing recording. The claimant is also sent a copy of the employer's appeal letter and both parties then have an opportunity to file a brief. If the employer files a brief, the claimant will be sent a copy of the employer's brief, and will be notified if the Panel will allow a response brief. If the employer does not file a brief, and the claimant failed to file a brief during the initial briefing period, the claimant would have no other opportunities to file a brief.
Q. Am I required to send a copy of my appeal brief to the other side?
A. No, you do not have to send a copy of your appeal brief to the other side. The Panel will send a copy of the appealing party's brief to the opposing party.
Q. Do I have to send back my copy of the hearing recording after reviewing it?
A. Please do not send back your copy of the hearing recording. The Panel has its own copy and will refer to it in considering the appeal.
Q. What if I cannot play the hearing recording on a computer?
A. If you do not have access to a computer at home, go to a library or the closest Workforce Center to your area to access the recording. For a list of Workforce Centers, go to www.colorado.gov/cdle/wfc. If you still cannot locate a computer to listen to the hearing recording, you can pay a fee to get a copy of the hearing transcript. If you cannot afford a copy of the hearing transcript, you can apply for a transcript fee waiver to be approved by the Panel.
Application for Transcript Fee Waiver
Q. How do I request a transcript of a hearing recording?
A. There is a transcript preparation fee charged at $2.35 per minute. The approximate cost for the transcript fee is included in the Appeal Rights section of the Hearing Officer's Decision. This fee must be included with your request for a transcript. Acceptable methods of payment are cash, check or money order made payable to the Industrial Claim Appeals Office. If you are paying with cash, you will receive a receipt for your payment. Please do not send cash through the mail. If you cannot afford the cost of the transcript, the Application for Transcript Fee Waiver Form must be included with your request for a transcript. The transcript fee may be waived in cases of indigency. To apply for a waiver, please complete the following application: Application for Transcript Fee Waiver. You will receive a written response to your application.
Q. If I don't file a brief, will this hurt my chances of winning my appeal?
A. You will not be penalized for failing to file a brief. However, we do not keep statistics that show whether the chances of losing the appeal are greater when no brief is filed. If you are unsure of whether to file a brief, you probably should file one.
Q. Do I need an attorney?
A. You are not required to be represented by an attorney. Parties have the right to be represented by an attorney or other individual at your own cost, but whether you obtain representation is up to you. If you are in need of legal assistance and cannot afford an attorney you may wish to contact Colorado Legal Services at the following site: www.ColoradoLegalServices.org.
Q. If I move and notify the Unemployment Insurance Benefits Section of my new address, do I also need to notify the Industrial Claim Appeals Office?
A. To ensure that you receive items mailed to you by the Industrial Claim Appeals Office, be sure to notify us of your new address in addition to the Division of Unemployment Insurance Benefits Section.
Q. Should I continue to file for benefits during the appeal process?
A. Claimants who are appealing a denial of benefits should continue to request payment biweekly. You must also continue to meet eligibility requirements. If you win your appeal, you will be paid for only those weeks for which you filed a biweekly claim.
Q. Will my benefits automatically stop now that an appeal has been filed by my employer?
A. Your benefits will not be stopped when an employer files an appeal of an award. Claimants should continue to request payment biweekly. You also must continue to meet eligibility requirements. If the employer wins the appeal, your benefits may be stopped and you may be asked to repay benefits you have already received. This depends on the aspects of your individual claim. You can find out for sure by calling the Division of Unemployment Insurance at 303-318-9000 or toll-free at 1-800-388-5515.
Q. If my benefits are denied, will I have to pay back what I have received?
A. If you are disqualified based on your separation from a particular employer, you may have to repay the benefits you have already received based on that employment. You can find out what effect a disqualification will have on your claim by contacting the Division of Unemployment Insurance at 303-318-9000 or toll-free at 1-800-388-5515.
Q. I'm working now (and not filing for benefits), so should I care if my benefits are denied?
A. If you are disqualified based on your separation from a particular employer, you may have to repay what you have already received based on that employment. You may determine what effect a disqualification will have on your claim by contacting the Division of Unemployment Insurance at 303-318-9000 or toll-free at 1-800-388-5515.
Q. If I lose the appeal, can I appeal further?
A. Final Orders of the Panel can be appealed to the Colorado Court of Appeals. Instructions for filing an appeal are at the end of each Final Order the Panel issues. Please remember that an appeal to the Colorado Court of Appeals must be received by the Court within 21 days of the date the Final Order is issued. The Court has a number of specific procedures you must follow if you wish to file an appeal, and a specific form for appeals of Unemployment Insurance cases. You may access that form from the ICAO Reference Library. For more information regarding the Court procedures online click Colorado Court of Appeals Forms. If you have questions about how to file an appeal with the Court of Appeals, you may contact the Court at 720-625-5150.
Q. How can I obtain copies of Industrial Claim Appeals Panel decisions?
A. By law, information obtained by the Department of Labor and Employment concerning a claim for unemployment benefits may not be released, except to the parties involved. Consequently, decisions of the Industrial Claim Appeals Panel in an Unemployment Insurance case are available only to the parties involved in that case.
Q. Where can I view the Colorado Employment Security Act and the Regulations Concerning Employment Security?
A. The Colorado Employment Security Act (CESA) is the section of the Colorado statutes which governs the unemployment insurance program. The Regulations Concerning Employment Security are the Department of Labor and Employment's regulations governing the unemployment insurance program.
A. After the employer or the claimant appeals a Hearing Officer's Decision, both parties have an opportunity to file briefs with the Industrial Claim Appeals Office (usually referred to as "the Panel"). The brief is the party's written argument explaining the reasons that the Hearing Officer's Decision should be set aside, reversed, or affirmed. (A Hearing Officer's Decision is left in place or "affirmed" when the Panel decides that the Hearing Officer did not make any errors requiring that the decision be changed. A decision is "reversed" when the Panel decides that the Hearing Officer made errors and that the decision should have reached the opposite result. A decision is "set aside" when the Panel decides that the Hearing Officer made errors and that further proceedings are necessary so that the Hearing Officer can reconsider his or her decision in light of the Panel's Order. In this last case, the claim is returned to the Hearing Officer and he or she will write another decision that may then be appealed again.)
Q. If I made all my arguments in my letter appealing the Hearing Officer's Decision, do I still need to file a brief?
A. You may still file a brief if you wish. However, if after you review the hearing recording you decide that your appeal letter contains all the arguments you wish to make, then it is not necessary to file a brief that merely repeats those arguments. The Administrative Law Judges on the Panel will review and consider your appeal letter whether or not you file a brief.
Q. When do I file the brief?
A. When a party appeals a Hearing Officer's Decision to the Panel, a notice is sent out stating that the appeal has been filed and it is your opportunity to file a brief along with a copy of the hearing recording(s). The notice will tell you when your brief is due to the ICAO. (The parties have 12 days from the date of the mailing of the Notice of Appeal and Opportunity to File Additional Argument within which to file the brief.)
Q. What should I include in the brief?
A. You can include anything in the brief that you believe the Administrative Law Judges on the Panel should consider in resolving the appeal. However, their review of the Hearing Officer's Decision is very narrow. The Administrative Law Judges on the Panel do not review the case in order to decide how they would have ruled had they been in the place of the Hearing Officer. Rather, the Administrative Law Judges may only review the Hearing Officer's Decision and the record created to determine whether he or she made certain types of errors. In general, it is the job of the Hearing Officer to listen to the testimony, review the evidence, and determine the "facts" of the case. He or she then applies the unemployment law to those facts and determines the issue presented at the hearing. (Usually, although not always, the issue is whether the claimant receives an award of unemployment benefits or is disqualified.) The Panel may review the case to determine whether the Hearing Officer's factual findings are supported by the testimony and evidence. The Panel may also review the case to determine whether the Hearing Officer's determination is supported by the law. The Panel may also review the case to determine whether the Hearing Officer made certain errors in conducting the hearing. However, the Panel may not simply "reconsider" the testimony and evidence and decide on its own version of the facts. In other words, the Hearing Officer, and not the Panel, decides what testimony to believe and what testimony to reject. Except in the most unusual circumstances, the Panel may not set aside the Hearing Officer's Decision on the ground that he or she mistakenly believed or disbelieved certain testimony or evidence. It is therefore rarely helpful to argue to the Panel in a brief that some particular testimony was truthful or untruthful.
A. If you do not have access to a computer at home, go to a library or the closest Workforce Center to your area to access the recording. For a list of Workforce Centers, go to www.colorado.gov/cdle/wfc. If you still cannot locate a computer to listen to the hearing recording, you can pay a fee to get a copy of the hearing transcript. If you cannot afford a copy of the hearing transcript, you can apply for a transcript fee waiver to be approved by the panel. Application for Transcript Fee Waiver
Q. Does the brief have to be in any sort of "legal" form to be accepted?
A. No. Although there are conventions that are used by lawyers in writing a brief, it is not necessary that you follow them. (In general a brief filed by a lawyer will contain a short introduction of the matter to be reviewed, a statement of the issues, an argument along with supporting rationale, citations of authority and references to the record, and a conclusion stating the precise relief sought. The courts have found this form to be useful in setting out a party's argument on appeal.) However, your brief may be in any form, including in letter form or in narrative form. In general, whatever form is used should set forth the reasons you believe the Hearing Officer's Decision should be either set aside, reversed, or affirmed. The brief should include the facts that are relevant to those reasons and any argument in support of the result you are seeking in the appeal.
Q. How long should the brief be?
A. There is no page limit or maximum permissible length. However, it is important that the brief be concise. Matters that are not directly pertinent to the appeal of the Hearing Officer's Decision should be omitted and the brief should be written in a way that is direct and to the point.
Q. If I feel as though I left something out at the hearing can I "supplement" my testimony or my evidence by including additional facts or materials with my brief?
A. No. The Panel reviews the record that was created at the hearing and makes its decision based on that record. Therefore, the briefing process is not an opportunity for parties to submit additional testimony, documents, or other evidence that was not presented at the hearing. If you are unsure whether you are submitting "new" evidence, you may include it with your brief and the Panel will determine whether it can be considered. Also, if you have newly-discovered evidence that could not have been produced at the time of the hearing, you may explain in your brief why the evidence was not previously presented and ask the Panel to remand (return) the case to the Hearing Officer for consideration of the evidence.
Q. What if I need to respond to statements made in the other party's brief? Am I able to do that?
A. The Administrative Law Judges on the Panel are highly experienced in recognizing the pertinent evidence and the merits of the arguments made on appeal. Therefore, in many cases, the Panel does not need the parties to respond to statements made in the other party's brief, and allowing a response brief results in unnecessary delay. If, however, the Panel determines that a response brief is appropriate in a particular case, the parties will be notified in writing and a due date for the response brief will be assigned. If you feel strongly that a response brief needs to be filed, you may file a written motion (request) and explain why you feel a response brief is necessary. The Panel may or may not grant the motion.
Q. How do I "file" the brief with the Industrial Claim Appeals Office?
A. You may send the brief by mail, fax, email or hand-deliver it to the offices of the Panel. In any case, the brief must be received on or by the due date stated on the Panel's notice. The Panel's fax number is 303-318-8139 and it is available for use at all times, every day. The Panel's mailing address is: ICAO, P.O. Box 18291, Denver, CO 80218. The Panel's email address is email@example.com. Please choose only one method for filing your brief.
Q. Do I have to send copies of my brief to the other parties?
A. No. In every case the Panel will send a copy of the appealing party's brief to the opposing party. If a response brief is filed, the appealing party may request a copy of the response brief. Copies of the response brief are not automatically sent to the appealing party because the Panel's procedures do not include an opportunity to respond to the response brief. This is consistent with the briefing process in Colorado courts and other administrative proceedings.
Division of Unemployment Insurance Appeals | 303-318-9299 | Contact Us
Industrial Claim Appeals Office | 303-318-8133 | Fax 303-318-8139