Ala. Admin. Code r. 480-1-4-.09

Current through Register Vol. 42, No. 8, May 31, 2024

Section 480-1-4-.09 - Scheduling And Notice Of Hearing

(1) A party appealing from a determination of a claims examiner on a claim for benefits shall file with the Department of Labor, 649 Monroe Street, Montgomery, Alabama 36131, a notice of appeal. This notice shall be in writing and shall include the appellant's name, address, social security number and shall state the grounds upon which review is sought. Receipt of the appeal by the Agency within the time prescribed by the state shall constitute filing.

(2) An appeal to a hearing officer on an Unemployment Compensation benefit claim shall be promptly scheduled and heard using the teleconferencing method or at a regular hearing location most accessible to the claimant.

(3) Contested case hearings other than Unemployment Compensation benefit claims shall be promptly scheduled and heard by the hearing officer according to appropriate statute, rule or policy.

(4) Notice of hearing shall be sent to all parties to the proceeding at their last known address or place of business. It is the duty and responsibility of each party to inform the Hearing Officer of any change of address to which future notices and communications should be directed. Delivery of the notice by mail shall be effective upon the deposit of the notice in the United States mail, first class, postage prepaid. The notice on Unemployment Compensation benefit claims hearings shall be mailed at least 7 days before date of hearing except that a shorter notice period may be used if not prejudicial to the parties and shall include:

1. A statement of the time, place and nature of the hearing;

2. A statement of the legal authority and jurisdiction under which the hearing is to be held;

3. A reference to the particular sections of the statutes and rules involved;

4. A short and plain statement of the matter asserted.

If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application, a more definite and detailed statement shall be furnished.

Ala. Admin. Code r. 480-1-4-.09

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 10, July 31, 2019, eff. 8/26/2019.

Authors: George Cocoris, C. Lamon Till, Venessa Watkins

Statutory Authority:Code of Ala. 1975, § 25-2-8.