The Board or a hearing officer in the Department's Office of Appeals may
informally dispose of an appeal or petition without further appellate review on
1. By withdrawal, if the
appellant withdraws the appeal in writing or on the record at any time before
the decision is issued; or
dismissal, if the appellant fails to file the appeal within the time permitted
by the Employment Security Law or Department rules; or
3. By stipulation, if the parties agree on
the record or in writing at any time before the decision is issued, subject to
approval by the Appeals Tribunal; or
4. By default, if the appellant fails to
appear or waives appearance at the scheduled hearing.
Notice of hearing
1. Place of hearing. Hearings shall be held
at those regularly established hearing locations most convenient to the
interested parties, or, at the discretion of the presiding officer, by
telephone. Written notice will advise any interested party that the party has a
right to be present in person or through counsel, or both, or to send written
questions to the hearing officer, who will ensure that the questions are asked
of the other party or appropriate witnesses, provided the questions are
received prior to the designated hearing date and are germane to the issues to
2. Time and contents of
notice. All interested parties to a hearing shall be given at least 10 business
days' notice of hearing, except that any interested party may waive, either in
writing or on the record, the right to notice. The notice shall contain the
time and place of hearing, the issues involved, and the name of the hearing
officer who will hold the hearing, but if, by reason of the nature of the
proceedings, the issues cannot be fully stated in advance of the hearing, or if
subsequent amendment of the issues is necessary, the issues shall be fully
stated as soon as practicable. In any event, reasonable opportunity shall be
afforded all parties to become aware of the issues and to present evidence and
argument with respect thereto.
Continued, reopened, or rescheduled hearings. Notice of time, place and purpose
of any continued, reopened, or rescheduled hearing shall be given to all
4. Mailing of
notices. Notices of hearings shall be mailed to the interested parties by
regular mail, 1st class, postage prepaid.
C. Consolidation of cases. When the same or
substantially similar evidence is relevant and material to the issues in more
than one case, proceedings thereon may be conducted jointly, a single record of
the proceedings made and evidence introduced with respect to one case
considered as introduced in the others, unless the hearing officer determines
that such consolidation would be prejudicial to the interests or rights of any
1. An interested party shall arrange
for the presence of that party's witnesses at a hearing.
2. A notice to attend a hearing, or a
subpoena, may be issued by the hearing officer on the hearing officer's own
3. Subpoenas requiring the
attendance of witnesses or the production of documentary evidence at a hearing
may be issued by the hearing officer on the hearing officer's own motion or
upon written application by an interested party or the Deputy. Such request
shall contain the name of the individual or documents desired, the address at
which the subpoena may be served, and a brief statement of the facts which the
applicant expects to prove by the individual or documents requested. The
application shall be submitted to the Department at least 5 calendar days
before the hearing to permit preparation and service of the subpoena before the
4. Witnesses subpoenaed
who attend hearings shall be allowed fees at the same rate as paid by the
Information. In any hearing in which a claimant appears before the Appeals
Board, the employing unit shall submit sworn or unsworn reports with respect to
such person employed by it, which the Board deems necessary for the proper
presentation of the claimant's claim.
F. Postponement of hearing. A hearing officer
shall determine and order hearing postponements as prescribed in A.R.S. §
G. Disqualification for cause. No person
shall participate on behalf of the Department in any case in which the person
is an interested party. A challenge regarding the interest of a hearing officer
may be heard and decided by that hearing officer, or, upon written request by
the party making the challenge, referred to the hearing officer's immediate
supervisor. Challenges regarding the interest of a member of the Appeals Board
shall be decided by the remaining members of the Board, based upon A.R.S.
When a challenge is sustained, or the member voluntarily withdraws from the
case, the Chairman of the Board shall so advise the Director, who may appoint
an individual to act for the member of the Board in the particular
H. Change of hearing officer.
Not later than 5 days prior to the date set for the hearing, any interested
party may file a written request for change of hearing officer. The Appeal
Tribunal shall immediately transfer the matter to another hearing officer who
shall conduct the hearing. No more than 1 change of hearing officer shall be
granted to any 1 party.
Representation of interested parties.
proceedings before the Board or a hearing officer, parties may be represented
as authorized by Supreme Court rules.
2. An Appeal Tribunal or the Appeals Board
may refuse to allow any person who intentionally and repeatedly interferes with
the orderly conduct of a proceeding before an Appeal Tribunal or the Board or
who fails to comply with the provisions of the Employment Security Law or the
rules or orders of the Department to represent an interested party in the
determine the reasonableness of a proposed fee in excess of $750, the Appeal
Tribunal or Board shall consider the following factors:.
1. The amount of time devoted to the
2. The difficulty
of the case and the novelty or complexity of the issues,
3. The experience of the attorney or agent
handling the case,
4. The merits of
the claims or defenses presented by the opposing party,
5. Whether the attorney or agent's efforts
were superfluous to the results achieved in the case,
6. The results achieved by the agent or
7. Any other relevant
statement. Within 10 days prior to the hearing, an interested party may submit
to the Department a written statement setting forth the facts of the
Hearings. All interested
parties shall be ready and present with all witnesses and documents at the time
and place specified in the notice of hearing and shall be prepared at such time
to dispose of all issues and questions involved in the appeal or petition.
1. Public hearings. All hearings before an
Appeal Tribunal or the Appeals Board shall be open to the public, but the
hearing officer conducting a hearing may close the hearing to other than
interested parties to the extent necessary to protect the interests and rights
of the interested parties, within the requirements of A.R.S. §§
2. Stipulations. The parties to an appeal,
with the consent of the hearing officer, may stipulate to the facts involved in
writing or in open forum and may also waive the hearing. The case may be
decided based on such stipulations, or such additional evidence may be required
or obtained as necessary to render a fair and complete decision.
3. Record of the hearing. A full and complete
record, including properly identified exhibits, shall be kept of all
proceedings in connection with an appeal or petition, and such record shall be
open for inspection by any interested party. When a transcript of the
proceedings is made for the Department's use or for further proceedings, a copy
may, upon written request be furnished to interested parties.
4. Oral arguments and briefs. At the
conclusion of any hearing, the interested parties shall be granted a reasonable
opportunity to present argument on all issues of fact and law to be decided.
The hearing officer shall afford interested parties an opportunity either to
present oral argument or to file briefs, or both; however, any party not
represented as set forth in subsection (I)(1) shall be permitted oral argument.
The hearing officer may limit the time of oral argument.
5. Continuances or re-openings. The hearing
officer may, on the hearing officer's own motion or at the request of any
interested party, upon a showing of good cause, continue the hearing to a
future time or reopen a hearing before a decision is issued to take additional
1. Contents of the decision. All evidence,
including records and documents of the Department which the Tribunal or Appeals
Board makes a part of the record of the hearing shall be considered in
determination of the case. Pursuant to A.R.S. §
every decision shall be in writing or stated in the record and shall be
accompanied by findings of fact and conclusions of law.
2. Mailing to interested parties; notice of
appeal rights. A copy of such decision, together with an explanation of appeal
rights, shall be personally delivered or sent by either regular 1st class,
postage prepaid mail or certified mail to each interested party or the party's
representative or attorney of record.