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Filing a Motion for Rehearing or Appealing to Court
The date of mailing of the decision is set out at the top of the decision. All mailing dates are shown as month, day, and year. If you do not understand this form or the decision of the Commission, you should immediately contact the nearest TWC local office.
You have two methods of appeal available: (1) filing a motion for rehearing with the Commission, or (2) filing a petition for judicial review in a court of competent jurisdiction.
Section 212.153 of the Texas Unemployment Compensation Act provides that this decision will become final fourteen (14) days after the date of mailing thereof, unless within such fourteen (14) days, the appeal is reopened by Commission order or a party to the appeal files a written motion for rehearing.
A Motion for Rehearing must be filed in writing. You may file by mailing it directly to this office at
Texas Workforce Commission
Commission Appeals, Room 678
101 E. 15th Street
Austin, TX 78778-0001
or you may file it in person at any local TWC office. The Commission will grant your motion only if it:
- describes specific new evidence that is not in the record,
- states a true, compelling reason why the evidence was not presented at the earlier hearing, and
- explains specifically how the new evidence will change the outcome of the case.
The Commission will grant your motion only if you have shown substantial reasons for granting it. Please include the claimant's social security number and appeal number in your motion.
Chapter 212 of the Texas Unemployment Compensation Act provides in Subchapter E that a party aggrieved by a final decision of the Commission may obtain judicial review of the decision by bringing an action against the Commission in a court of competent jurisdiction in the county of claimant's residence for a trial de novo review of the decision. Such action must be brought between the 15th and the 28th day after the date of the Commission decision, and each other party to the proceeding before the Commission must be made a defendant in such action. If the claimant is not a Texas resident, such action must be filed in Travis County, or the Texas county where claimant's last employer has its principal place of business, or in the Texas county of claimant's last residence. The petition in such action must state the grounds on which review is sought, and must be served on a member of the Commission or a person designated by the Commission and there must be left with such person as many copies of the petition as there are defendants. This constitutes completed service on all parties, and the Commission immediately shall mail one copy of the petition to each defendant.
If you have questions or comments, please direct them to Commission Appeals via e-mail: comapp@twc.state.tx.us.
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