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Frequently Asked Questions About the Unemployment Insurance (UI) Benefits Hearing and Appeal Process

Can I request a postponement of my hearing?

If you cannot attend on the date and time listed on the Notice of Hearing, you must immediately call the Office of Appeals at the telephone number on the Notice of Hearing to request a postponement. The hearing may be postponed if the parties agree, or on a showing of good cause. Factors that will be taken into account when considering whether to grant or deny a postponement request are:

  • whether the request is reasonable,
  • whether the circumstance causing the request is beyond the control of the requesting party,
  • whether failure to grant the postponement would cause undue hardship to the requesting party,
  • the potential inconvenience to other parties and witnesses,
  • the need to decide cases in a timely manner,
  • the time and date that the postponement request was made, and
  • the number and reason for any prior postponement requests made by either party.

What happens if I am late for the hearing?

You must call in for a telephone hearing at least 15minutes before the scheduled time of the hearing (or arrive for an in-person hearing). If you filed the appeal and you have not phoned in or are not ready to proceed when the case is called, the case may be decided without you. If the appeal was filed by another party, the Administrative Law Judge may begin the hearing without you. If you call in or arrive before the hearing is over, you may be allowed to join the hearing in progress. The Administrative Law Judge will summarize what happened before you joined the proceedings.

What happens if I don’t go to or miss my hearing?

If you are the party who filed the appeal and do not attend, the Administrative Law Judge will decide the matter without you. If you are not the party who appealed and you do not attend, the hearing will proceed without you and you may be required to repay to the Department any benefits you have received.

If you wish to continue with the appeal process, you must file a Request to Reopen within 30 calendar days of the mailing date or electronic transmission date of the Administrative Law Judge’s decision or disposition.  Your written request, signed by you or your authorized representative, must include your name and Social Security number. Attach a copy of the determination or decision you are appealing if possible (unless you are filing by Internet).  The request may be:

  • Faxed to the number shown on the determination, or
  • Mailed to the address printed on the decision or disposition, or
  • Personally delivered to any Employment Service Office or
  • Filed online or
  • Hand-delivered to the Office of Appeals at the address shown on the decision or disposition.

This request cannot be made by telephone.

What does the Administrative Law Judge do in the hearing?

The Administrative Law Judge must do three things:

  • Get enough information to make a proper decision,
  • Make a complete record for further appeal, and
  • Give each party the opportunity to exercise its rights.

In order to do all of these things, an Administrative Law Judge will take a much more active role in the hearing than trial judges usually do.

Even if a party is represented by an attorney, an Administrative Law Judge may ask many questions of all of the witnesses. An Administrative Law Judge may also ask why a party has not brought witnesses or documents to the hearing so they can be considered. Similarly, an Administrative Law Judge may ask a witness the source of the information and whether the witness actually saw something or was merely told about it.

An Administrative Law Judge may also ask questions to clarify technical terms, even if all of the parties and witnesses are familiar with those terms. An Administrative Law Judge may also explain legal terms to the parties, even if one of them is represented by an attorney.

What should I do if the other side has an attorney and I do not?

You have the right to have an attorney represent you at the hearing; however, it is not required and the hearings are usually informal enough so that you can represent yourself.  Note:  While you can represent yourself at a hearing, you are entitled to have an attorney, paralegal, or other person represent you at your Unemployment Insurance hearing. The Office of Appeals does not have a list of attorneys to give to claimants.  An attorney, paralegal, or other person who represents you can ask witnesses questions, make legal objections to documents and witnesses, and give a closing statement on your behalf. If you pay a representative, the person must be a licensed attorney or be supervised by one.

If you file an appeal and would like someone to represent you, the following groups may be able to assist you:

  • ASU Law, Civil Litigation Clinic (Maricopa County residents only) 602-496-1717 or Web site for counties shown below (Only January-March; June-July; and September-November);

AZ Law Help - Web site for all counties in Arizona

  • Community Legal Services (Maricopa County residents) 602-258-3434;
  • Community Legal Services (Yuma County residents) (928) 782-7511;
  • Community Legal Services (Mohave/La Paz County residents) (928) 681-1177;
  • Community Legal Services (Yavapai County residents) (928) 445-9240;
  • DNA-People’s Legal Services (Coconino County residents) (928) 774-0653;
  • Southern Arizona Legal Aid (Southern Arizona Counties) (520) 623-9465

Don’t delay! If you want to see if one of these organizations can represent you, you should contact them as soon as possible.

You can also have someone (other than an attorney, etc.) represent you. A representative questions witnesses, makes legal objections, and makes a closing statement. Note: If you pay the representative, that person must be a licensed Arizona attorney or be supervised by one.

If the opposing party has an attorney and you do not:

  • Remain calm, keep your mind on your own case and on your plan to present testimony or documents.
  • Ask for an explanation of any unfamiliar terminology used by either the Administrative Law Judge or the opposing attorney.

It is not necessary to match wits with an opposing representative or attorney through use of objections. This is an informal hearing, not a court trial, and legal maneuvering generally has little effect on the outcome of the case.

How do I get in all of my testimony if I have no attorney or representative to question me?

Normally, the Administrative Law Judge will have prepared a number of questions to ask you. Be sure to answer these briefly and accurately. The Administrative Law Judge is looking for specific information.
Toward the end of your testimony, the Administrative Law Judge will ask if you have any additional facts or testimony to present. That will be your opportunity to state any other facts you have not already stated.
It is not necessary to repeat yourself, even for emphasis. The entire hearing will be recorded, and the Administrative Law Judge can review the recording before deciding the case.

If you have witnesses and are representing yourself, be prepared to explain to the Administrative Law Judge what each witness's testimony will establish. Similarly, be prepared to explain why the Administrative Law Judge needs to consider any documents you have provided.

What should I do about witnesses (either those on my side or those brought in by the other party)?

Your witnesses should be able to testify as to what they actually observed, not what they heard happened.  If you plan to have witnesses testify, ask them to be available at a telephone (or come with you to an in person hearing). If a needed witness is not willing to participate in the hearing you may request a subpoena (written order) be issued requiring that person to participate.  This request must be made in writing at least 5 days before the hearing date.  A Docket Officer will gladly explain the process for subpoena requests if you call the telephone number at the top of your Notice of Hearing.

Usually all of the witnesses and all of the parties will be on a telephone conference call throughout the hearing (in the same room for an in-person hearing).  If you believe that the testimony of an opposing witness may be influenced by the testimony of another witness, you may request that all witnesses be excluded from the hearing when not testifying. You must make that request before any witness testifies.

Do not interrupt the witness, even if you think the testimony is incorrect. Make notes of statements you disagree with for later use during your questioning of the witness and during your testimony.
While you do have the right to object to testimony, you only should do that if the testimony is not relevant to the issue(s) of the hearing.  Any testimony you disagree with may be addressed when you question that witness or when you testify.  You may ask the Administrative Law Judge to assist you in asking questions. It may be that your question can be understood in a different way than you intended.  On the other hand, the witness may not remember things the way you do. That is why it is better to rely on your own testimony than to try to get witnesses to admit something or change their testimony.

How do I get my evidence to the hearing?

You may submit any evidence that will help further your case. This might include letters, medical statements, pay vouchers, employment contracts, memoranda, employee handbooks, personnel policies, work rules, written warnings, pay records, etc.  If you want the Administrative Law Judge to consider documents not included in your packet, you must provide a legible copy of them to the Office of Appeals immediately by fax, U.S.Mail or hand-deliver to the Office of Appeals.  You also must provide a copy to the other party or the Administrative Law Judge may exclude that evidence. If your evidence is not paper, call the number at the top of the Notice of Hearing to make arrangements to have it considered at the hearing.

If someone else has evidence you want to present, you can make a written request for a subpoena duces tecum. This is a subpoena to require someone to bring something to the hearing. As with a subpoena for a witness, you must make a written request at least five calendar days before the hearing. The request must describe the item, identify the owner or custodian, list that person's address, and describe why the Administrative Law Judge must consider that item in order to make a proper decision.  Contact the Docket Officer for assistance.

How will I know what the Administrative Law Judge decides in my case?

After the hearing, the Administrative Law Judge will write a decision, which will state the facts, the law, and the reasons for the decision. It will be mailed to you, or, if you have consented to receiving electronic service of the decision or disposition, it will be emailed to you. It also will explain further appeal rights for the party who loses.

If you win your appeal and have continued to file your weekly benefit claims, you could be paid for those weeks if you met all of the eligibility requirements during the week(s) claimed.  If you lose your appeal, you may be responsible for the overpayment of any monies paid to you during the time in which benefits have been denied in the Administrative Law Judge's ruling.  You have the right to appeal the Administrative Law Judge’s Decision to the Appeals Board by filing a written petition for review. But, there is a time limit on that right. You must appeal within 30 calendar days of the date the Administrative Law Judge’s decision is mailed or electronically transmitted.  An explanation of further appeal rights is attached to every decision for each level of the process.

How will I be affected by the Administrative Law Judge's decision?

If the decision is in your favor, and you've continued to file weekly claims for unemployment insurance (if you remain unemployed during the appeal process), you will be paid only for the weeks for which you filed a weekly claim and were otherwise eligible. If you lose the appeal, you may be required to repay to the Department any benefits you have received.

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