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Preparing for a Hearing
What can I talk about at a hearing?
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.
How do I get witnesses or evidence for my hearing?
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. For more information, view the Letter to Representative Groups.
How will my witnesses participate in the hearing?
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.
Am I required to have evidence? Isn't it just my word against theirs?
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.
What should I do with my evidence?
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.