Guide to Unemployment Insurance Appeals

Right of Appeal
Employers and employees have the right to appeal all notices, determinations, and decisions made by Job Service regarding Unemployment Insurance benefits and employer contributions, tax rate, etc. Each notice, determination or decision contains information regarding how and when the appeal must be filed. After an appeal is filed, an appeal hearing (by phone or in-person) will be scheduled. The hearing is your opportunity to offer evidence and give testimony in your case. The result of the decision may affect the employer's unemployment tax rate or the claimant's right to Unemployment Insurance benefits. It may also result in a finding that benefits were overpaid, which the claimant (employee), may be required to refund.

Scheduling a Hearing
After filing a timely appeal to the Job Service North Dakota determination, you will be notified of the date and time of the hearing. On the day of the hearing the appeals referee will hear your case. The referee will make every effort to help you present your case and obtain the facts.

Telephone/In Person Hearings
Hearings are typically conducted by telephone. This is for the convenience of the claimant, employer, and any witnesses who may participate in the hearing. The parties to the hearing, however, may request that the hearing be conducted in person. If you wish to request that your case be heard in person you must make your request known at the time you file your appeal or, at the earliest possible time, prior to the hearing. The appeals referee will review the case file and determine if the request for an in person hearing will be granted.

Participants in a telephone hearing will be instructed to call the Appeals Section ten minutes before the time of the hearing. A toll-free telephone number to be used for this call is listed on your notice of hearing. Be prepared to give the telephone number where you can be reached and to give the name(s) and telephone number(s) of the witnesses who will testify on your behalf. The appeals referee will then place a conference call to all the parties to the hearing.

If your hearing is being conducted in person, be sure to report to the designated location at least ten minutes prior to the start of the hearing. The hearing notice will state the location of the hearing.

How to Prepare
Use the time before the hearing to get ready to tell your side of the story. If you wish, you may have an attorney represent you. If you choose to have an attorney represent you, please notify Job Service as soon as possible of the name of the attorney.

You may also want to have witness(es) testify on your behalf. Those who testify should have direct, firsthand knowledge of the facts of your case. An employer should have someone testify who was actually present or was a participant in the actions or events that caused the claimant's separation from employment or, in the case of employer liability, should have firsthand knowledge of the employer's business. If a witness is unavailable at the scheduled hearing time, immediately notify the appeals referee.

You have the right to request that the referee issue a subpoena to compel a witness to attend if he or she is reluctant to testify. Documents pertaining to the case may also be subpoenaed if you wish. The referee will determine whether the request is significant to the case. If a subpoena is necessary, you will not be charged the cost associated with issuing the subpoena. If the case involves Unemployment Insurance benefits, you may also have documents that will support your testimony such as statements of separation, attendance records, written warnings, etc. If the case involves an employer liability, you may submit tax records or other business-related documents to support your testimony.

The Day of the Hearing
The appeals referee typically schedules several hearings throughout the day so you must be on time. A hearing generally takes 30 to 45 minutes. The referee will ask questions designed to bring out the basic facts surrounding each issue. Although the administrative hearing process is informal, they are conducted in an organized manner.

Postponing the Hearing
If you are unable to attend the hearing at the scheduled time, notify the appeals referee immediately. Hearings may be postponed, but only for good cause. If you do not make yourself available at the scheduled time, testimony will be taken from those who do respond. The referee will base the decision primarily on the testimony and evidence given at the hearing. Because your testimony is very important, if you do not respond, you are jeopardizing your opportunity to present testimony and evidence regarding your case and, as a result, you are putting yourself at a great disadvantage.

Withdrawing an Appeal
If you choose to withdraw your appeal, you may do so. However, you must notify the appeals referee prior to the date of the hearing. You will also be asked to submit the request in writing.

The Decision
Following the conclusion of the hearing, you will receive the referee's written decision within 7 to 10 days. Take special notice that your rights to further appeal are outlined in the referee's decision.

Further Appeal Rights
If you find the referee's decision unfavorable, you may request that the executive director of Job Service review the decision. In the case of an Unemployment Insurance benefits appeal, the review must be filed within 12 days of the date of mailing of the referee's decision. In cases involving an Unemployment Insurance tax matter, the request for review must be filed within 15 days of mailing of the referee's decision.

Please note that in accordance with Section 52-06-19 of the North Dakota Century Code, a request for a bureau review of this decision will only be granted in cases where the adjudicator's determination is not affirmed by the appeal referee's decision.

If the appeal referee's decision affirms the determination made by the adjudicator and you wish to appeal further, you will need to file a timely request for a bureau review. This will generate a written decision from the bureau denying the request for review and informing you of further appeal rights through the court system. This written decision is necessary for you to continue with judicial review of the determination.

If you request a bureau review, it must be in writing providing the reasons for requesting the review and filed on or before the deadline date listed on the cover letter of the appeal referee's decision. Requests for bureau review may be delivered in person to any Job Service office, faxed to 701-328-2728, or mailed to: Job Service North Dakota, Appeals Section, PO Box 5507, Bismarck, North Dakota 58506-5507.

Job Service North Dakota is an equal opportunity employer/provider.
Auxiliary aids and services are available upon request to individuals with disabilities.