Preparing for Your Hearing (Video)
How to Request a Hearing
You have the right to request a hearing when you disagree with:
- A determination about your liability under the Unemployment Insurance Law or
- A claim for benefits filed by a former employee
How to Request a Hearing
- Submit your Employer Request for a Hearing to the address at the top of the form
- Give us your grounds for challenging the determination (list specific events or facts)
- File your request within 30 days after the mailing date or personal delivery of the determination
How the Hearing Process Works
The first step in the hearing process depends on your reason for a hearing request.
Hearing Request Based On An Audit or Investigation Results
You ask for a hearing because you disagree with the findings of an audit or other investigation. The Department schedules an informal conference at your convenience, prior to the formal hearing, to attempt to resolve the matter
At the Conference:
- You may bring your own representative (an accountant or attorney)
- Our representative explains the basis for the determination and answers your questions
- You have the chance to present more information that may change the original determination
If we do not resolve the issue at the conference, the next step is a hearing before an administrative law judge.
Interest continues to accrue on any unpaid balances at the rate of 12% per year, from the original due date to the date of payment. You can pay the amounts due, to avoid further accrual of interest. If the outcome is in your favor, we refund the amounts paid under protest.
Hearing Request Not Based on an Audit or Other Investigation
The hearing is before an impartial administrative law judge. The Administrative Law Judge section is under the jurisdiction of the Unemployment Insurance Appeal Board, an independent body appointed by the governor.
To Whom Persons Should File An Appeal
|If You Disagree With The Decision Of:||Then, You Can File An Appeal With:|
|The administrative law judge||The Unemployment Insurance Appeal Board|
|UI Appeal Board||The Appellate Division of the Supreme Court, Third Judicial Department|
|The Appellate Division of the Supreme Court, Third Judicial Department||New York State Court of Appeals.|
Administrative Law Judge Hearing
You will receive notice of the date, time, and place of the hearing.
- Someone will explain the hearing process to you
- The judge will ask you questions
- You and/or your representative can ask questions
- You can present evidence and testimony to support your position
- You can bring a witness to testify
- All parties can cross-examine
- You can make a closing statement
How to Prepare for the Hearing
If you have witnesses (someone who saw an incident or was involved), bring them with you. The Appeal Board and courts rule that a claimant's sworn testimony must prevail over an employer's hearsay evidence.
Bring evidence to support your position. Evidence may include
- Attendance records
- Counseling memos
- Employee handbooks
- Contracts or agreements
- Business cards
- Invoices for contribution liability hearings
How to Reschedule a Hearing
If you need to reschedule the hearing, write to the Administrative Law Judge Section to ask for an adjournment. Include the specific reason for your request.
If your request is not honored and you receive an unfavorable decision, you can apply for a re-opening. If your re-opening request is granted, we will hold a new hearing.
Unemployment Insurance Appeal Board
If you disagree with the decision of the administrative law judge, you can appeal to the Unemployment Insurance Appeal Board (UIAB).
File your appeal in writing, within 20 days of the administrative law judge decision. The UIAB will send you a "Notice of Receipt of Appeal" with your Appeal Board case number. The notice describes the appeal process and how to submit a statement on appeal. You must submit your statement within seven days of the date on the "Notice of Receipt of Appeal".
You can ask to review the hearing transcript before you submit your statement. If you wish to review the transcript, you will receive written notice when the file is available. You have 20 days from the date you receive notice that the file is available for your review to submit your statement.
The UIAB decides on most appeals without further testimony. Provide clear, specific reasons in your statement why you believe the decision of the administrative law judge is incorrect. The UIAB relies on evidence taken at the administrative law judge hearing and on written statements, documents, and briefs submitted as part of the appeal. All parties must agree before the UIAB will consider evidence not introduced at the administrative law judge hearing.
If you disagree with an Appeal Board decision, you may appeal to the Appellate Division of the Supreme Court, Third Judicial Department, and from there to the New York State Court of Appeals.
The Commissioner of Labor and benefit claimants have the same right to appeal an adverse decision to the UIAB and the courts.