What Happens at the Hearing?
What happens at the hearing?
During the hearing the ALJ will:
- Make an opening statement identifying all persons participating in the hearing, describing how the hearing will proceed and outlining the issues and the rights of the parties.
- Question parties and obtain the necessary facts.
- Allow parties to ask questions of their own witnesses and the witnesses for the other party. The ALJ will also help parties who have a hard time asking questions of witnesses.
- Decide whether documents may be made part of the record.
- Give parties the opportunity to review and object to documents that may be made part of the record.
- Decide on any requests to issue subpoenas for witnesses, documents or records.
- Allow parties to use documents from the case file in presenting their case.
- Give parties an opportunity to make a statement at the end of the hearing.
When will the ALJ call me?
When will the ALJ call me?
The ALJ will call you at the time listed on the Notice of Hearing. Make sure you are in a quiet place to take the call, where you will not be interrupted. You will not be allowed to participate in the hearing if you are driving your car. If you are in your car you should find a place to park before the hearing starts.
What If I Do Not Answer the Phone?
What if I do not answer the phone?
You must be ready to answer your telephone when the ALJ calls. The call from the ALJ will appear as an unknown or unlisted number, so make sure to unblock unknown and unlisted numbers on your phone before the hearing. If you do not answer the telephone call, the ALJ will leave a message and attempt to call back within 2 to 5 minutes.
If you do not answer either the first or second call and you requested the hearing, a default or non-appearance decision will be issued. If you did not request the hearing, the hearing will go forward with only the party who made the request and a decision will be issued.
No Call for Hearing
What if I did not receive a call from the ALJ for my hearing?
Call the hearing office listed on the top the hearing notice within the first 15 minutes of the time of the hearing.
How Long Does a Hearing Take?
How long does a hearing take?
Generally, hearings take from 45 to 90 minutes. If there are multiple issues to be addressed in the hearing, it may be scheduled for a longer time frame. However, a hearing will last as long as it takes the Judge to get the necessary evidence to decide the case. Some hearings will not be finished during the scheduled time frame and will have to be adjourned (continued on another day).
Can I Record the Hearing?
Can I record the hearing?
No. The hearing will be recorded by the UI Appeal Board. If the decision of the ALJ is appealed, you may request a transcript free of charge. If the decision of the ALJ is not appealed, you may request a copy of the hearing recording or a transcript for a fee.
Can I submit a post-hearing brief?
Post-hearing briefs are not accepted. You and/or your representative or attorney should present all of your evidence and legal arguments at the hearing.