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[ Status Procedures Manual - TOC ] [ Ch 1 - New Accounts ] [ Ch 2 - Changes to Accounts ] [ Ch 3 - Special Accounts ] [ Ch 4 - Other Units, Sections & Departments ] [ Ch 5 - Letters ] [ Ch 6 - Investigations & Assistance ] [ Ch 7 - Partial Transfer Applications ] [ Ch 8 - Traces ] [ Ch 9 - Special Reporting Situations ] [ Ch 10 - Account Numbers ] [ Ch 11 - Appeals Decisions and Hearings ] [ Ch 12 - Document Processing ] [ Ch 13 - Error Reports & Query List Instructions ] [ Ch 14 - Tax Performance System ] [ Ch 15 - Experience Rating Unit ] [ Ch 16 - SUTA Dumping Detection ]
[ 11.1 - Appeals Decisions ] [ 11.2 - Appeal Hearings ] [ 11.3 - Rule 13 Hearings ]

Chapter 11:  Appeals Decisions and Hearings


comments to: Tax Department

11.2     Appeal Hearings

[ 11.2.1 - Assigning ] [ 11.2.2 - Accts Examiner Participation ] [ 11.2.3 - Creating Status Assignments ]

Appeals Hearings are scheduled at the request of a claimant or an employer to redetermine whether or not a claimant is entitled to unemployment benefits and in what amount. They are conducted over the telephone and are presided over by a hearing officer. During the course of a hearing, each party (claimant and employer) is allowed to present their argument and offer evidence. Afterwards, the hearing officer writes a decision based on testimony and evidence presented. Unemployment Insurance Support Services (UISS) in turn awards or denies unemployment benefits based on the decision.

Tax and Appeals have agreed that Tax will participate in Appeals Hearings when the Tax account is Pending, Not Liable, Terminated or Error to address liability issues and on rare occasions when assistance is requested by the hearing officer. Tax acts as a subject matter expert witness at the hearings; giving testimony when called upon by the hearing officer.

The Status Section will only participate when a hearing involves an out-of-state employer.

11.2.1     Assigning

Upon receipt of a Notice of Telephone Hearing:

  1. A section supervisor will review the notice to determine whether or not Status will participate in the hearing.

  2. A section supervisor will coordinate hearing participation with a designated Status Accounts Examiner.

  3. The supervisor will assign the Appeals Hearing to the designated Accounts Examiner using the Appeals Hearing Attendance Log.  The supervisor will enter an STA assignment on the Accounts Examiner’s FTI.  The assignment will be given to the Accounts Examiner with the telephone hearing packet.

  4. On the day of the hearing, the Accounts Examiner will call the Appeals Department telephone number listed on the hearing notice just as the employer and claimant do.  The hearing letter does state that the examiner will call 30 minutes prior to the hearing time and provide the Appeals Department with a phone number where the examiner can be reached.  The examiner should plan their schedule accordingly. The appeals hearing is held at the status conference room.

11.2.2     Accounts Examiner Participation

The designated Accounts Examiner will:

  1. Review the Notice of Hearing.

  2. Use the MDIQ screen to determine if a B-27 assignment was issued to Tax.

  3. Review the B-27 assignment results using the MDIO, IBIQ, and MDIQ screens.

  4. Review the employer's Tax account. (STS, FTC, TDO screens, etc.) and review Secretary of State.

  5. Review the claimant's wage record history (WRIS screen).  Review WRIE for possible incorrect social security number.

  6. The Accounts Examiner should become familiar with the wage credit issue and the employment history of the employer prior to the hearing.

  7. Contact the hearing officer as indicated on the Notice of Hearing.

  8. After hearing is completed, the designated Accounts Examiner will enter appropriate FTC comments reflecting the appeal hearing number, claimant’s name, SSN and if claimant and employer participated.  Also, if the hearing is postponed or if there will be a continuation.

  9. The Accounts Examiner will clear their assignment on FTI.  Send the telephone appeals hearing to the Doc Log & Destroy basket with account number written on each page.

11.2.3     Creating Status Assignments

To assign an Appeals Hearing to the designated Accounts Examiner:

  1. Access the FTA screen.

  2. Key     EID

    Press <Enter>

    PH
    NAME
    ADDRESS
    CITY
    STATE
    ZIP
    RELEASE DATE
    STATUS CODE
    STATUS DATE will display.

    Do not key anything in any of these fields.

  3. Key     ISSUE DATE (Date assigned to the designated Accounts Examiner)

               ORIGIN => S (State Office)

               TYPE     => STA (Status)

               EXAMINER (User Number of designated Account Examiner)

  4. Press <Enter>

    The assignment is created and the assignment number displays.

Clearing FTI assignments:

On CMD line enter <FTI>

Press <Enter>

Blank screen; Press <Enter>

Under SEL place an X by account number being cleared

Press <Enter>

Press <PF5> to log screen

Assignment Log (FTA) change status code from “R” to “C”

Press <Enter>

FTA screen shows operation successful at bottom of screen

Press <PF5> to return to list

Blank screen; Press <Enter>


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Texas Workforce Commission  |  Unemployment Tax

Last Revision: October 19, 2011