What if I do not agree with the determination that I receive?
Can employers file an appeal on a claimant benefit determination?
What is an interested party?
Is there a cost involved?
How do I contact appeals if I have a question?
What are my chances?
What happens after an appeal is filed?
How are appeals scheduled?
Where are the hearings scheduled?
What if I cannot attend the hearing at the scheduled place/time?
How does a telephone hearing take place?
Should claimants continue to file claims while waiting for an appeal?
What happens at an appeal hearing?
How long will the hearing take?
Do I really need to attend the hearing?
Can I bring witnesses or evidence to the hearing?
What if it's difficult to get a witness or document for my case?
What happens after the hearing?
What if I disagree with the decision of the appeal tribunal?
What if the Commissioner says no?
Q. What if I do not agree with the determination that I receive?
A: A claimant or an employer who is an interested party may request a re-determination or file an appeal. Interested parties have 14 days calendar days from the date the Determination was mailed (issued) to file a timely appeal request in person. An appeal will not be accepted over the telephone.
Q. Can employers file an appeal on a claimant benefit determination?
A. Yes. Employers that are interested parties to a claim will receive a copy of every Determination, and have the same appeal rights claimants have.
Q. What is an interested party?
A. Per RSA 282-A:42, "Interested party" means the claimant, his last employing unit or employer, any employer whose account was or may be charged with benefits paid and any employing unit or employer whenever the claimant's reason for leaving their employ may be material to his claim.
Q. Is there a cost involved?
A. There is no charge to file an appeal with NHES Appeal Tribunal. If you decide to hire an attorney, you will have to pay any legal costs involved. A representative must file a letter of appearance with the Appeal Tribunal and the other interested parties to notify them of the representative's involvement in the hearing. The Appeal Tribunal will contact the representative to schedule the hearing.
Q. How do I contact appeals if I have a question?
A. Telephone: (603) 223-6140
Fax: (603) 223-6141
Email: [email protected]
Q. What are my chances?
A. Each case is decided on its own merit by an impartial and independent hearing officer known as an Appeal Tribunal Chairman. That is why it is important for you to attend the hearing.
Q. What happens after an appeal is filed?
A. The Appeal Tribunal will send a notice to the claimant and any employer that is an interested party that an appeal has been filed.
Q. How are appeals scheduled?
A. The Appeal Tribunal Unit will schedule a hearing at the earliest practical time, based on workload. The parties will be given at least eight days' notice of the hearing date.
Q. Where are the hearings scheduled?
A. The Appeal Tribunal may schedule hearings in person at a NHES Office, by telephone, or via video conference.
Q. What if I cannot attend the hearing at the scheduled place/time?
A. If, for extenuating circumstances, you cannot attend or participate on the call on the date scheduled, you may request a postponement in advance of the hearing according to the instructions on the notice. The Appeal Tribunal reserves the right to grant or deny a postponement request.
Q. How does a telephone hearing take place?
A. The hearing notice for telephone hearings will include a Contact Form that must be completed and received by the Appeal Tribunal Unit in order to participate in the hearing. The Chairman will call the number provided for the hearing at the appointed date and time. If you do not provide the contact form, the appeal may be dismissed or the hearing may proceed without you. Please submit the evidence prior to the hearing to allow the Appeal Tribunal Unit the opportunity to provide it to the other party before the hearing is held. Because hearings are recorded and conducted as a teleconference call, it is extremely important to speak clearly and audibly.
Q. Should claimants continue to file claims while waiting for an appeal?
A. Yes. While an appeal is pending, an unemployed claimant should continue to file for any week(s) of unemployment for which the claimant wishes to claim benefits. Should any level of appeal rule in the claimant's favor, the claimant will only be paid benefits for the week(s) for which timely claims were filed.
Q. What happens at an appeal hearing?
A. An appeal hearing is a formal quasi-judicial proceeding known as a "fair hearing". Any interested party may be present. Presiding at the hearing is an Appeal Tribunal, which is usually a single administrative hearing officer known as an appeal tribunal chairman, or the chairman may chair a 3-member Tribunal. The Appeal Tribunal has no vested interest in the case's outcome.
The Chairman is an unbiased, professional hearing officer empowered by statute and regulation to rule on matters of evidence, law, and procedure. Procedure generally follows the New Hampshire Administrative Procedures Act, RSA 282-A, and department administrative rules.
The Chairman will develop the record by asking questions of the available witnesses, accepting relevant evidence and testimony, and allowing parties to ask questions of witnesses. The hearing is the only opportunity to present evidence related to the case.
Sometimes, a new issue will come up at a hearing. The Chairman is not limited to considering just the issues being appealed. Any issue relevant to the claim may also be considered. The Chairman must determine all issues necessary to finally dispose of the case.
Q. How long will the hearing take?
A. The length of a hearing depends on the number of participants, documents, and issues under appeal. Usually, the appeals are heard within an hour.
Q. Do I really need to attend the hearing?
A. Yes. If the party that filed the appeal does not show up for the hearing, the case may be dismissed and the original determination upheld. The hearing may also be held without you. Be sure to attend the hearing and represent your interests.
Q. Can I bring witnesses or evidence to the hearing?
A. Yes, this hearing is the only chance to present sworn testimonial and documentary evidence, so be prepared. Evidence, such as documents, may also be presented. Such documents must be relevant to the issue(s) under appeal. The Tribunal will determine whether evidence will be considered. If documentary evidence will be presented, have copies for the other party or parties and the Tribunal. A witness or witnesses with first-hand knowledge are very important in an appeal. Second-hand information, also called hearsay, is not as valuable as direct evidence but is allowed.
Q. What if it's difficult to get a witness or document for my case?
A. A subpoena may be requested. A subpoena will only be issued for people with relevant testimony or for relevant evidence that cannot be obtained voluntarily.
Application for subpoena (Solicitud Para Citas Judiciales )
Q. What happens after the hearing?
A. After the hearing, the Tribunal will consider the evidence, the statutes, rules, and related court decisions. After judging the facts, the Tribunal mails a Decision to the interested parties as soon as possible after the hearing. Usually the Decision is mailed within two weeks of the hearing.
Q. What if I disagree with the decision of the appeal tribunal?
A. A request that the appeal be reopened may be made to the Commissioner. Information on this will be included with the Decision. The re-opening request must be in writing and must be received in hand or, if mailed, postmarked within 14 days of the date that the Decision of Appeal Tribunal was mailed.
Reopening requests may be mailed or faxed to:
Commissioner, NH Employment Security
Attn: NHES Legal Section
45 South Fruit Street
Concord, NH 03301-4857
Fax: (603) 228-4080
The request must state the reason(s) that the appeal should be reopened. The only reasons the Commissioner can accept are fraud, a mistake of fact or law, or the existence of evidence that could not have been reasonably available at the time of the hearing.
The Commissioner's Determination letter will be mailed to the interested parties. If a reopening is granted, it may be on a limited basis for a specific reason or reason, or may be for a brand new hearing. If another hearing is needed, it will be scheduled similarly to the original hearing.
Q. What if the Commissioner says no?
A. A Commissioner's Determination letter may be appealed to the Appellate Board. The appeal must be in writing and must be received by the Board, or if mailed, postmarked, within 14 days of the mailing of the Commissioner's Determination letter.
Mail the appeal to:
NH Employment Security
Attn: Appellate Board
45 South Fruit Street
Concord, NH 03301-4857
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