What Happens at the Hearing?
What happens at the hearing?
During the hearing the Administrative Law Judge 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 to obtain the necessary facts.
- Allow parties to ask questions of their own witnesses and the witnesses for the other party. The Administrative Law Judge 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.
- Give parties a chance to make a closing statement at the end of the hearing.
What kind of questions will the Administrative Law Judge ask me?
The Administrative Law Judge will ask you questions about the issues connected with the hearing, mainly those mentioned in the Department of Labor's Notice of Determination. You should answer all the Administrative Law Judge's questions honestly.
What if the Administrative Law Judge asks me questions that I do not know the answer to?
If you do not know or remember the answer to the Administrative Law Judge's question, you should tell the Administrative Law Judge that you do not know or do not remember.
How Does the Hearing Work?
When will the Administrative Law Judge call me?
The Administrative Law Judge 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?
You must be ready to answer your telephone when the Administrative Law Judge calls. If you do not answer the telephone call, the Administrative Law Judge 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. You will need to apply to reopen the case and explain why you did not answer the call at the next hearing.
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 based on the evidence provided at that hearing. If you do not agree with the Administrative Law Judge's decision, you can apply to reopen the case by following the directions on the decision. At the next hearing, you will need to explain why you did not answer the call at the first hearing.
I never received a call or a message. What do I do?
Call the hearing office listed on the top of the hearing notice within 15 minutes of the time listed on the Notice of Hearing.
How long does a hearing take?
A hearing will last as long as it takes the Judge to get the necessary evidence to decide the case. Generally, hearings take from 45 to 90 minutes.
Can I record the hearing?
No. The hearing will be recorded by the UI Appeal Board. If the decision of the Administrative Law Judge is appealed, you may request a transcript free of charge. If the decision of the Administrative Law Judge is not appealed, you may requested a copy of the hearing recording or a transcript for a fee.