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California Unemployment Insurance Appeals Board Claims and Appeal Process

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Uploaded on Nov 14, 2011

http://unemploymenthotlineinc.com (888) 507-9948 - California Unemployment Insurance Appeals Board (CUIAB) is a seven-member Board, headquartered in Sacramento, and maintains a staff in twelve offices throughout the State. CUIAB conducts hearings concerning claims for unemployment and disability benefits. These cases are appeals of determinations made by the Employment Development Department (EDD). The CUIAB also holds hearings on petitions from taxpayers concerning assessments made by EDD's tax branch. There are two levels of appeal. The first is an appeal to an Administrative Law Judge. The second is an appeal to the CUIAB of the decision made by the Administrative Law Judge. You must exhaust your appeal to an Administrative Law Judge before you can appeal to the CUIAB.


CUIAB
"Hearing Process"


NARRATOR:
Welcome to the California Unemployment Insurance Appeals Board. If you're here to appeal the decision made on your Unemployment or Disability Insurance claim, or your Employment Tax case, you've come to the right place.


HEARING PROCESS
When you've completed your review please return the file and remain in the waiting room so that you can hear the judge call your case. When the judge calls your case, let the judge know who you are and if you have witnesses.

The judge will tell you if they can come into the hearing room with you. However, you have the right to be represented during the hearing by any person. And before the hearing begins, be sure to turn off all cell phones and pagers.

During the hearing the judge will explain the hearing procedure and the issues listed on your hearing notice. If you have any questions or are not sure how to tell your story, please tell the judge. The judge will help you. And note, the hearing will be recorded.

The judge will review the papers in the file and ask if there is any legal reason they should not be considered in deciding the case. Although you may not agree with the papers, this is not a legal reason the judge cannot
consider them.

The judge will place the parties and witnesses under oath and take their testimony.
The judge will ask each party and witness questions.
You will also have an opportunity to question every person who testifies.
When it's your turn to speak, be sure to tell the judge all the important facts about each issue listed on your notice.
If you filed your appeal late you will need to tell the judge why it was late.

Give the judge any important papers you may have that relate to the issues in your case. If you hear anything said that is not true, tell the judge when it is your turn.

Before the hearing ends, you will have an opportunity to make a closing statement that explains why you think the judge should decide the case in your favor. AND...
At the end of the hearing, the judge will ask if the parties have anything further to say. If there is nothing further, the hearing ends and the parties should leave the hearing room.


AFTER THE HEARING
A written decision will be mailed to you and EDD as soon as possible. If you do not agree with the judge's decision you can appeal. For Unemployment and Disability cases, appeals must be filed within 20 days from the mailing date noted on the decision. For Employment Tax cases, appeals must be filed within 30 days from the mailing date
noted on the decision.


TIPS TO REMEMBER
In order to make your hearing process go as smoothly as possible, remember to...Follow the instructions on your Notice of Hearing and Hearing Information pamphlets to
be sure all important papers and witnesses are present at the hearing.

If you change your address or telephone number:
-Notify the Office of Appeals that sent you the notice. The Office of Appeals' phonenumber is printed on the bottom left-hand part of the notice; AND
-Notify EDD, their contact information can be found in the 'Hearing Information' pamphlet provided to you.

For assistance, call the Office of Appeals that sent you the notice at the phone number printed on the bottom left-hand part of the notice.

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