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Table of Contents The Introduction Prehearing The Hearing Evidence
Interstate Appeals Special Hearings Special Programs Performance Criteria Departmental Policies

Hearing Officer Handbook


Table of Contents




  1. The Introduction

    100 Purpose of Appeal Tribunal
    101 Independence of Appeal Tribunals
    102 Attitude of the Hearing Officer
    103 Principles of Appeal Hearings
    104 Ethics Policy

  2. Prehearing
    200 From What May an Appeal Be Filed and By Whom - Parties of Interest
    201 Appeals by Persons Who Are Not Parties of Interest
    202 Form of Appeal
    203 Timeliness of Appeal
    204 Scheduling and Postponement of Hearings
    205 Notice of Appeal Hearing
    206 Time and Place of Hearing
    207 Prehearing Review of File
    208 Preparation for the Hearing
    209 Consolidated Hearings
    210 Multi-Claimant Hearings
    211 Withdrawals - Section 212.012, TUC Act
    212 Subpoenas - Section 301.071, TUC Act - Commisson Rule 18(1)(A), 40 TAC §815.18(1)(A)
    213 Witness Fees - 212.003, TUC Act - Rule 18(1)(B), 40 TAC §815.18(1)(B)
    214 Challenges to Interest - Commission Rule 16(2), 40 TAC §815.16(2)
    215 Non-Appearances
    216 Late Appearance
    217 Rights to Reopen Hearings - Commission Rule 16(b)(B), 40 TAC §815.16(5)(B)
    218 Prehearing Contacts with Parties
    219 Telephone Hearings - Commission Rule 16(3)(C), 40 TAC §815.16(3)(C)
    220 Limited Access to Appeal Tribunal Hearings
  3. The Hearing

    300 Opening the Hearing
    301 Use of Interpreters
    302 Oaths and Affirmations
    303 Representation of Parties
    304 Fees for Representing a Claimant
    305 Placing Witness "Under the Rule"
    306 Independent Investigations
    307 What the Hearing Should Cover
    308 The Record of Testimony
    309 Order of Proof
    310 Right of Confrontation and Rebuttal
    311 Examing Witnesses
    312 Commission Personnel as Witnesses
    313 Adjournments, Continuances and Postponements
    314 Concluding the Hearing
    315 Supplying Parties Information from the Record
    316 Telephone Hearings
    317 Summary Judgement Authority in Timeliness Cases
    318 Single-Issue "Good Cause" Hearings
    319 Sample Questions for Certain Hearing Fact Patterns

    1. Discharge as a result of cancellation of insurance
    2. Discharge for carelessness or negligence
    3. Discharge for altercation with co-worker
    4. Discharge for violation of law
    5. Discharge for failure of drug test
    6. Discharge for inability to meet standards
    7. Discharge for falsification of record
    8. Discharge for absence without proper notice
    9. Discharge for refusal to transfer
    10. Quit due to conflict with co-workers
    11. Quit due to working conditions and health
    12. Quit due to reduction in pay
    13. Quit due to reduction in pay\proximity of incident to resignation
    14. Temporary placement agency separation
    15. Early acceptance of resignation
    16. Failure to return to work after suspension
    17. Filing of initial claim during temporary shutdown
    18. Refusal to accept or apply for suitable work
    19. Severance pay versus wages in lieu of notice
    20. Timeliness of appeal and petition to reopen
    21. Timeliness of protest
    22. Ability
    23. Alternate base period
    24. Attending school availability
    25. Child support
    26. Excessive earnings
    27. Failure to register for work
    28. Failure to participate in reemployment services
    29. Filing Claim Certifications late
    30. Fraud
    31. Incorrect last work
    32. Non-fraud overpayment
    33. Overpayment due to a monetary redetermination
    34. Reasonable assurance
    35. Reporting to the claims office
    36. Reporting-Filing-Filing triplets
    37. Requalification
    38. Rule 16 good cause to reopen
    39. Work search availability
    40. Workers' compensation
    41. Family violence separation

    320 The Decision

  4. Evidence
    400 Evidence - Introduction
    401 Definitions and Terms
    402 Kinds of Evidence
    403 Reasons for Rules of Evidence
    404 Stipulations (Rule 16(3)(B)), 40 TAC §815.16(3)(B)
    405 Facts and Opinions
    406 Affidavits
    407 Relevancy of Evidence
    408 Administrative Notice
    409 Presumptions
    410 Hearsay Rule
    411 Exceptions to the Hearsay Rule
    412 Handling Documentary Evidence
    413 Best Evidence and Parol Evidence Rules
    414 Burden of Proof
    415 Credibility of Witnesses and Weight of Evidence
    416 Substantial Evidence Rule
  5. Interstate Appeals
    500 Interstate Benefit Payment Plan
    501 Internet and Double Bypass
    502 Agent State Procedures
    503 Texas As Liable State
  6. Special Hearings
    600 Educational Institution Personnel Hearings
    601 Commission Hearings
    602 Remand Hearings
    603 Wage Credit Hearings
    604 Forfeitures - Section 214.003 Hearings
    605 Labor Dispute Hearings
    606 Vacation Pay Hearings
    607 Wages in Lieu of Notice
    608 Retirement Pay Hearings
    609 Principles Underlying the Prevailing Conditions of Work Standard
    610 Aliens
    611 Chargeback Hearings
    612 Drug Testing Cases
    613 Temporary and Staff Leasing Cases
  7. Special Programs
    700 Unemployment Compensation for Federal Employees - (UCFE)
    701 Unemployment Compensation for Ex-Servicemen - (UCX)
    702 Combined Wage Claims (CWC)
    703 Special Federal Programs (EUC, DUA, TRA)
  8. Performance Criteria
    800 Appeals Performance Criteria - Hearing
    801 Appeals Performance Criteria - Decision
    802 Guidelines for Efficient Work Flow
  9. Departmental Policies
    900 Office Hours and Overtime
    901 Leave
    902 Various Policies and Procedures
    903 Agency Policies/Administrative Leave
    904 Performance Appraisal Standards
    905 Equipment/Supplies
    906 Forms


Next Section: The Introduction


 
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Last Revision: January 31, 2008