Glossary

Adjournment

The hearing cannot finish in the time allowed and is rescheduled for another day.

Administrative Law Judge

The person who conducts an Unemployment Insurance hearing. The judge asks questions, rules on issues that come up during the hearing, and makes the decision.

Appeal

The legal process used by a party who disagrees with the decision of an Administrative Law Judge. The Unemployment Insurance Appeal Board is asked to review one or more issues. The appeal decision is signed by one or more members of the Unemployment Insurance Appeal Board.

Appearance

A party takes part in the hearing. Parties may testify, question opposing witnesses, review documents that are entered into evidence, and make closing statements.

Appellate Division

A part of New York State’s court system. Parties who receive unfavorable decisions from the Unemployment Insurance Appeal Board may appeal to the Appellate Division. There are four Appellate Divisions in New York. They cover different geographical areas (referred to as “Departments”). All appeals from decisions of the Unemployment Insurance Appeal Board go to the Third Department.

Application to Reopen

A party requests a new hearing or asks to reopen an Unemployment Insurance Appeal Board decision.

Claim

The process used by an unemployed person to request Unemployment Insurance benefits. A claim may be filed by telephone or by using the Department of Labor’s website.

Claimant

A person who applies for unemployment insurance (“UI”) benefits.

Closing Statement

A party's statement to explain why they should receive a favorable decision. The closing statement is given at the end of the hearing.

Commissioner of Labor

The person in charge of the Department of Labor. This person is responsible for making sure that all sections of the Labor Law, including the Unemployment Insurance law, are carried out properly. The Commissioner is appointed by the Governor of New York State.

Commissioner of Labor Representative

An employee of the Department of Labor who may appear at a hearing on behalf of the Commissioner of Labor. The representative may present evidence, cross-examine witnesses, and make a closing statement to explain why the initial determination issued by the Department of Labor should be sustained.

Cross-Examination

When one party asks questions of another party or the other party’s witnesses. For example, the claimant may question any witness appearing on behalf of the employer or the Commissioner of Labor. The employer may question the claimant and any witness appearing on behalf of the claimant or the Commissioner of Labor. A Commissioner of Labor Representative may question all parties and their witnesses.

Decision

The legal document signed and issued by the Administrative Law Judge after a hearing, or by one or more Unemployment Insurance Appeal Board members after an appeal. The decision will state whether the initial determination by the Department of Labor should be sustained, overruled, or modified. The decision contains a procedural history, findings of fact, and an analysis of the facts and the law.

Default

When the party who requested the hearing fails to appear. It may also mean the failure of a party to proceed at a hearing because the party does not have an attorney or representative, or a witness or document, that the party feels is necessary to win the case.

Direct Testimony

Statements given at a hearing in response to questioning of each party or party witness by the Administrative Law Judge or a party’s representative.

Due Process

The hearing procedures that guarantee all parties have a fair hearing.

Employer

A corporation, a partnership of two or more people, a small business, a single proprietor, or a business owner for whom a claimant worked.

Evidence

Testimony or exhibits presented in a hearing that the Administrative Law Judge may use to decide the case in favor of one side or the other.

Exhibits

Evidence in the form of documents, media, or other physical objects.

Hearing

The proceeding at which evidence is presented to the Administrative Law Judge. The parties who appear are questioned by the judge, their own representatives, and by the opposing party. They may also question the witnesses brought by the opposing party. The judge will reach a decision based on evidence. The judge will decide whether the initial determination by the Department of Labor should be sustained, overruled, or modified.

Hearsay

Testimony based on what a witness has heard from another person, of which he has no personal knowledge or experience.

Initial Determination

The document issued by the Department of Labor that concerns a specific legal issue and decides whether a claimant is or is not eligible for Unemployment Insurance benefits.

Labor Services Representative

An employee who decides on behalf of the Department of Labor whether a claimant will be allowed or denied Unemployment Insurance benefits. The Labor Services Representative may testify at a hearing about telephone interviews and email exchanges with the claimant or the employer.

Modified

A decision by an Administrative Law Judge that the initial determination should be sustained in part and overruled in part. It may also be a decision by the Unemployment Insurance Appeal Board that the Administrative Law Judge’s decision is partially correct and should be affirmed in part and reversed in part.

Overruled

A decision by an Administrative Law Judge that the initial determination was incorrect and should not remain in effect.

Party

A person or business that will be affected by the hearing results. The three parties that may participate in an Unemployment Insurance hearing are the claimant, the employer, and the Commissioner of Labor.

Remand

A decision made by an Unemployment Insurance Appeal Board member to send the case back to the Hearing Administrative Law Judge for another hearing.

Representative

The person at the hearing who speaks to the Administrative Law Judge and questions witnesses on behalf of a party.

Reversed

A conclusion by the Unemployment Insurance Appeal Board member or members that the decision of the Administrative Law Judge was not correct.

Sequester

To separate witnesses: if a party produces two or more witnesses, only the witness testifying will be allowed to remain in the hearing room. Other witnesses will be sent somewhere where they cannot hear the person testifying. The witnesses are separated so that they do not influence each other’s testimony.

Subpoena

A legal document that directs an individual or business that is not a party to the hearing to produce a document for the hearing. It may also direct a specific person to testify at the hearing. The subpoena is signed by the Administrative Law Judge.

Sustained

A decision by an Administrative Law Judge that the initial determination was correct and should remain in effect.

Testimony

Statements given by parties or party witnesses under oath or affirmation.

The Record

The evidence the Administrative Law Judge will use to decide the case, including all testimony and documents entered into evidence.

Unemployment Insurance Appeal Board

An independent board made up of five members who are appointed by the Governor of New York State. The Board decides appeals that are taken from the decisions made by its Administrative Law Judges.

Witness

A person, other than a party, who testifies at a hearing.