Appeal Hearings and Decisions
Please Note: Any references to the Oklahoma Administrative Code (example OAC 240:10-13-37) may be viewed on "OESC Rules".
If an appeal has been filed, you will soon receive a Notice of Appeal and later a Notice of Hearing in the mail.
How to File an Appeal
Most appeals can be filed by mail, email, telephone, fax or in person. However, certain appeals can only be taken by mail or fax. Follow the appeal instructions on the document you wish to appeal. be sure to include specific details regarding the reason for your appeal.
Every appealable document has a deadline for filing an appeal. If you file the appeal after that deadline, include a statement explaining why the appeal was not filed timely.
Date, Time and Place of Hearing
The date, time and place of your hearing will be shown on the Notice of Hearing. A telephone hearing may be scheduled. For more information, see Telephone Hearings. You should call for a telephone hearing or arrive for an in-person hearing at least 10 minutes before the hearing, and tell the receptionist that you are ready for the hearing. Please Be Prompt.
Questions should include the claimant’s name, social security number, the docket number and the date and place of the hearing. The Appeal Tribunal should be notified immediately of any address changes. (All address changes must be submitted by mail or fax. The address and fax number of the Appeal Tribunal are listed at the bottom of this page. No changes can be made over the telephone.)
Claimants: If you are still unemployed, continue to file claims as instructed by your local office while the appeal is pending.
Postponements
A request made to the Appeal Tribunal for a different time, date or place of hearing will not be granted unless you can show good cause. Examples of good cause include if a party, necessary witness or attorney representing a party cannot attend the hearing because of a disabling personal illness, jury duty, or death in the immediate family. If an attorney must appear in a court of superior jurisdiction, that may constitute good cause. Failure to make a timely effort to get an attorney is not good cause for granting a continuance. OAC 240:10-13-37.
Any request for a continuance must be made in writing. Your request must be received by the Appeal Tribunal, at the address above, at least four days before the scheduled hearing. If an emergency arises immediately before the hearing and you are unable to attend, please call the Appeal Tribunal immediately at (405) 601-3311. A request for continuance may be faxed to our offices at (405) 601-3337. OAC 240:10-13-38.
You should assume a request has NOT been granted unless notified by the Appeal Tribunal.
Attorneys who cannot attend the hearing because of a conflicting court date may be asked to submit an affidavit to the Director of Appeals explaining in detail the time conflict at least four days before the scheduled hearing.
Importance of the Hearing
The Hearing Officer will decide the appeal based on sworn and recorded testimony given by the parties and witnesses and any written documents entered into the record at the time of the hearing. Only issues raised prior to the hearing will be considered.
Attendance of Witnesses
A witness should be a person with first-hand knowledge of the situation, someone who was present and saw or heard what happened. If you want a witness to testify, arrange for the witness to attend the hearing voluntarily and follow the directions on the Notice of Hearing for notifying the Appeal Tribunal of the witnesses' intent to participate. A continuance will not be granted based solely on unavailable witnesses.
If the witness refuses to attend the hearing voluntarily, you may request in writing that the clerk of the Appeal Tribunal issues a subpoena. That request must contain:
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The docket number, date and location of the hearing,
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The name and home address of the witness and
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A brief summary of expected testimony of each witness or the records requested from each witness.
Any request for subpoena(s) must be received by the Appeal Tribunal five days before the date of the scheduled hearing. The request should be mailed to the clerk of the Appeal Tribunal at the address on page 1. The hearing will not be postponed if a witness cannot attend unless there is good cause as defined above (see Postponements ).
If a witness lives in a location too far to commute to Oklahoma City, arrangements may be made to obtain the testimony by telephone at the scheduled hearing. Such a request should be made immediately to the Appeal Tribunal upon the receipt of the Notice of Hearing. OAC 240:10-13-60.
Getting Records for the Hearing
The parties to the appeal should mail all documents necessary to support their position to the Tribunal to be copied and mailed to the opposing party. All documents must be mailed to the Tribunal immediately upon receipt of the Notice of Appeal or Notice of Appeal. Documents received less than five (5) days prior to the hearing may or may not be considered based on the reasons and effect of a late submittal. (The date of the hearing does not count as one of the five days). Both sides will be mailed copies of the records submitted by the Oklahoma Employment Security Commission.
An employer who intends to introduce business records into evidence should bring the original document to the hearing. If the original is to be returned, bring it and a copy. Bring a person who can explain how the records were prepared.
If someone else has a document or record that you need for your case, you may ask the Appeal Tribunal to issue a subpoena for the document or records. The document or records should be relevant to the case. The request must be received at least five days before the date of the scheduled hearing. It must contain:
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The docket number, date and location of the hearing,
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A description of the document or records so they can be easily identified. You must tell in specific detail why they are needed for your case.
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The name and address of the person who now has the document. OAC 240:10-13-60.
Failure to Attend the Hearing
If a party fails to appear at the hearing, testimony may be taken from the appearing party, and the case will be decided based on the records and testimony introduced at the hearing.
If neither party appears, the case will be decided based on the available information. If an absent party can show there was good cause for failing to appear, the case may be reopened, providing the absent party notifies the Appeal Tribunal in writing, by letter or by FAX letter, within five days after the date of the scheduled hearing. The FAX number for the Appeal Tribunal is (405) 601-3337. If this letter is received within the five-day period, another hearing will be scheduled to determine whether there was good cause shown for not appearing at the original hearing. Both parties shall be notified when the next hearing will be, and both parties should attend. OAC 240:10-13-40.
Late Appeals
If you did not file your appeal within 10 calendar days after the local office determination was mailed or handed to you, you must show good cause for the delay in filing your appeal (Okla. Stat. tit. 40, Sec. 2-614 ). A hearing will be scheduled to determine if good cause can be shown. If good cause cannot be shown, your appeal will be dismissed. You should be prepared to explain at the hearing why your appeal from the local office determination was filed late. If the tenth day of your appeal time falls on a Saturday, Sunday or legal holiday, your appeal will be accepted as timely if filed on the following workday.
Withdrawal of Appeal
The appellant may withdraw the appeal by written request to the Appeal Tribunal at any time before the hearing or before a decision is issued. The case may also be withdrawn by oral request at the time of the hearing. OAC 240:10- 13-41.
Your Rights at the Hearing
Each party has the following rights:
- To testify on their own behalf;
- To be represented by lawyer or other representative your choosing;
- To present documents and records;
- To question your own and the opposing parties witnesses;
- To explain or rebut evidence against you;
- To object to testimony or documents offered by the opposing party;
- To request a continuance when surprised by a new issue or unexpected evidence;
- To state at the end of the hearing how the evidence and the law supports your position.
Conduct of the Hearing
The Hearing Officer has the sole authority for the conduct of the hearing. In conducting the hearing, the Hearing Officer shall:
- Explain the issues and the meanings of terms the parties do not understand;
- Explain the order in which persons will testify, ask questions and give rebuttal;
- Help parties in asking questions of other witnesses;
- Question parties and witnesses to obtain necessary facts;
- Determine if testimony and documents being offered should be received and considered;
- Require parties to give proper background or foundation for secondary evidence, documents and opinion testimony; and
- Take official or judicial notice of well-established matters of common knowledge, public records.
Telephone Hearings
If your hearing has been scheduled as a telephone hearing, you may participate with or without representation. You will soon receive your Notice of Hearing in the mail. You, your representative, and any witnesses must call the telephone number listed on your Notice of Hearing at least 10 minutes before the scheduled time of hearing and leave a number where you and your witnesses can be reached by the Hearing Officer at the time of the hearing. If you choose to use a public telephone, make sure the public phone can receive incoming phone calls. Cell phones are often unreliable and you should be aware that hearings often last as long as an hour, sometimes longer. The Hearing Officer will then call you and your witnesses at the telephone numbers submitted. Documents you wish to introduce as exhibits at your hearing must be mailed to the Appeal Tribunal and must be received in time to provide copies to the other parties before the scheduled hearing. Please provide the case number, time and date of the hearing when submitting documentation to the Appeal Tribunal. The Appeal Tribunal, will mail copies of documents received to the opposing party. To expedite this process, you may wish to send the opposing party copies of the documentation when you mail copies to the Appeal Tribunal. Please notify the Appeal Tribunal if documentation has been sent to other parties to avoid duplicate mailing. If you wish a witness to testify in support of your position by way of telephone, you must tell the witness of the time of the hearing and arrange for them to be at the telephone with you or call in with the telephone number where they can be reached.
Each party shall have the right to question all witnesses.
If you are unable to participate in the telephone hearing, follow the instructions under Postponements.
The Decision
The decision of the Hearing Officer should be mailed to you within 14 days after the hearing. The decision will state the finding of facts found from the evidence presented, the law applied to the facts, and the basis for the conclusion of the Hearing Officer. OAC 240:10-13-73. The decision contains notice of your appeal rights to the Board of Review.
Appeals to the Board of Review
The claimant, the employer or the Commission may appeal the decision to the Board of Review. If an appeal is taken, the Board of Review generally will decide the matter based on the record made at the Appeal Tribunal. Your appeal to the Board of Review should be mailed directly to the Board at the address printed in your appeal rights in your decision within 10 days of the mailing date of the Appeal Tribunal decision.
Independence of Hearing Officers and the Board of Review
The Oklahoma Employment Security Act, provides for a fair and impartial hearing to all parties affected by Commission Determinations as required by the Social Security Act. The decision-making process of the Appeal Tribunal and its Hearing Officers is completely independent of the Oklahoma Employment Security Commission and its departments. All stages of the Appeal Tribunal appeal process is governed by the cannons of The Model Code of Judicial Conduct for State Unemployment Insurance Appeals Officers, established by the National Association of Unemployment Insurance Appellate boards. OAC 240:10-13-9.
Interpreters
If an interpreter will be needed for you or your witness, tell the Appeal Tribunal immediately, and one will be provided.
Right to Have a Representative
You may appear at the hearing with or without legal representation. If you want a lawyer but have difficulty finding one or cannot afford one you should contact your local bar association or legal aid society. OAC 240:10-13-44.
If you want to be represented by an attorney of your choice please contact the attorney immediately. You must pay the attorney’s fees. The fee cannot exceed 20% of the amount of unemployment benefits awarded. OAC 240:10-13-45.
Steps to Prepare for Your Hearing
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Carefully read this booklet and any correspondence you receive from the Commission or the Appeal Tribunal.
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Be aware of deadlines for filing requests and documents to be used at your hearing. Don’t delay in preparing for your hearing. If you have documents you want to use at the hearing, send them right away.
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Evaluate and prepare your side of the story. Are there documents you want to use at the hearing? Do you have witnesses you want to testify?
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Stay calm. Take notes of statements made which you want to ask questions about or respond to when you testify.
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Ask witnesses questions to bring out all the details you think are important.
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Enter exhibits. Documents you wish to have considered must be identified at the hearing so the Hearing Officer may enter them into the record of the hearing.
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If you bring witnesses, bring people with first hand knowledge of what you want them to testify about.
- Final Statements. Think about the evidence and testimony presented. Tell the Hearing Officer at the end of the hearing, why they should rule in your favor. Be brief and to the point.
For further information or help concerning your appeal, please call the Appeal Tribunal at (405) 601-3311.
If you have special need addressed by the Americans with Disabilities Act, notify us at the address or telephone below as soon as you are aware an appeal has been filed. If you have additional questions or concerns regarding your hearing or the hearing procedures, please contact:
Appeal Tribunal
2800 NW 36, Suite 102
Oklahoma City OK 73112
Telephone: (405) 601-3311
TTD/TTY 1-800-722-0353
FAX: (405) 601-3337
