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Appealing a Motion for Rehearing Decision

The decision will become final fourteen (14) days after the date of mailing of the decision. The date of mailing is set out at the top of the decision. All mailing dates are shown as month, day and year. Should you disagree with this decision, and wish to pursue the matter further, your ONLY recourse at this point is to file suit. In effect, such suit should be filed from the 15th through the 28th day after this decision was mailed. Further correspondence with the Commission will NOT serve to preserve your rights in this case.

If you do not understand this form or the attached decision of the Commission, you should immediately contact the nearest TWC local office.

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.

NOTE: If you are named as a codefendant along with the TWC, it is important that you file an answer and cooperate with the Attorney General, who will represent the TWC in the civil court proceeding. Your failure to cooperate with the Attorney General and the TWC may result in your case being reversed by the civil court and an overpayment being assessed, if you are a claimant, or your tax account being charged if you are an employer. Also, as the Attorney General can, by law, only represent the TWC it may be necessary for you to hire your own attorney.

If you have questions or comments, please direct them to Commission Appeals via e-mail: comapp@twc.state.tx.us.