Ariz. Admin. Code § R6-3-1503 - Proceedings before an Appeal Tribunal

Current through Register Vol. 48, No. 14, April 8, 2022

AFiling an appeal. Any interested party to a determination of a Deputy may appeal to an Appeal Tribunal within the time limits listed in A.R.S. § 23-773(B). The appellant may file the appeal personally, or by mail, fax, telephone, or Internet.
1 If the appellant files the appeal personally, by mail, or by fax the appellant or authorized agent shall sign the appeal and file through any public employment office in the United States or Canada, or directly with the Department of Economic Security.
2 If the appellant files the appeal by telephone, the appellant shall use the telephone number listed on the determination.
3 If the appellant files by Internet, the appellant shall use the Internet application maintained for that purpose on the Department's web site.
B. Appeal Tribunal hearings
1 Manner of holding hearings. The Appeal Tribunal shall conduct all hearings in accordance with A.R.S. § 23-674, in a manner that shall ascertain the substantial rights of all the interested parties. The Appeal Tribunal shall require all testimony to be taken under oath or affirmation.
2. Jurisdiction. The Appeal Tribunal's decision and authority is confined solely to issues arising under the Employment Security Law, A.R.S. Title 23, Chapter 4. In every case, the Appeal Tribunal shall render a decision on the issues stated in the notice of hearing. The Appeal Tribunal may also hear and decide any issues not previously considered by the Deputy that arise during the hearing, provided all interested parties waive the right to notice on the issues. If any interested party is surprised by a new issue, and unprepared to proceed, the Appeal Tribunal may continue the hearing, or may remand the matter to the Deputy for consideration and action upon the issue.
3. Failure of a party to appear
a. If an interested party fails to appear at a scheduled hearing, the Appeal Tribunal may:
i. Adjourn the hearing to a later date; or
ii. Proceed to review the evidence of record and other admissible evidence as may be presented at the scheduled hearing, and make a disposition or decision on the merits of the case.
b If the Appeal Tribunal issues a decision adverse to any interested party that failed to appear at a scheduled hearing, that party may file one written request for a hearing to determine whether good cause exists to reopen the hearing. The interested party shall file the request to reopen within 15 calendar days of the mailing date of the decision or disposition, and shall list the reasons for the failure to appear.
c The Appeal Tribunal shall hold a hearing to determine whether there was good cause for the failure to appear, and in the discretion of the hearing officer, to review the merits of the case. Upon a finding of good cause for failure to appear at the scheduled hearing, the Appeal Tribunal shall vacate the disposition or decision on the merits and reschedule the case for hearing under R6-3-1502, unless the hearing on the merits is held concurrently with the good cause hearing.
d A party shall establish good cause warranting reopening of a case upon proof that both the failure to appear and failure to timely notify the hearing officer were either beyond the reasonable control of the nonappearing party or due to excusable neglect.
e. A party may obtain only one good cause hearing for each hearing scheduled on the merits, therefore:
i. If a party does not appear at the scheduled good cause hearing, a party may file a written request for review to determine whether good cause exists for failure to appear at both the good cause hearing and the original hearing on the merits.
ii If the Appeal Tribunal reopens a case upon a finding of good cause, and the party fails to appear at the time and date of the new hearing, the party may file a written request for review to determine whether good cause exists for failure to appear at the new hearing.
f A request for review of an Appeal Tribunal decision shall state the reasons for the party's failure to appear. The party shall attach copies of any documentation supporting the request.
g. The Appeal Tribunal shall review the request and the evidence of record to determine whether there is good cause to reopen the hearing on the issue of good cause or on the merits and shall issue a decision accordingly.
h An interested party may file any request to reopen personally, or by mail, fax, or internet.
h. i Any interested party may appeal, in writing, to the Unemployment Insurance Appeals Board from the decision of a hearing officer that denies reopening for lack of good cause, as defined in subsection (B)(3)(d). The party shall file the appeal within 15 calendar days after mailing or electronic transmission of the decision denying reopening. If the Unemployment Insurance Appeals Board reverses the denial to reopen, the Board shall remand the case to the Appeal Tribunal and the Tribunal shall reschedule the case for hearing on the merits in accordance with R6-3-1502.
j. If an appellant fails to appear or waive appearance, the Appeal Tribunal may enter a default disposition in accordance with R6-3-1502(A)(4) without further right to appeal except as provided in this Section.
j. k Notwithstanding the foregoing provisions, an appellee who fails to appear may appeal to the Appeals Board from an adverse decision on the merits within 15 calendar days after mailing or electronic transmission of the decision is served on the party.
CFinality of Appeal Tribunal decision. Under A.R.S. § 23-671, the decision of the Appeal Tribunal becomes final unless an interested party files a written petition for review within 15 calendar days after mailing or electronic transmission to the interested parties, or the Appeals Board assumes jurisdiction over the matter on its own motion. After a decision of the Appeal Tribunal has become final, the matter shall not be reopened, reconsidered, or reheard, and the decision shall not be changed except to correct clerical errors. Any interested party may file a petition for review personally, or by mail, fax, or Internet.

Notes

Ariz. Admin. Code § R6-3-1503
Former Regulation 20-2; Amended as an emergency effective April 28, 1976 (Supp. 76-2). Former Section R6-3-1503 repealed, new Section R6-3-1503 adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted and amended effective December 3, 1979 (Supp. 79-6). Amended subsection (B)(3) effective September 11, 1981 (Supp. 81-5). Amended effective December 20, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 3648, effective August 28, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1793, effective September 7, 2013

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