You have the right to request a hearing when you disagree with:
The first step in the hearing process depends on your reason for a hearing request.
You ask for a hearing because you disagree with the findings of an audit or other investigation. The Department schedules an informal conference at your convenience, prior to the formal hearing, to attempt to resolve the matter
Interest continues to accrue on any unpaid balances at the rate of 12% per year, from the original due date to the date of payment. You can pay the amounts due, to avoid further accrual of interest. If the outcome is in your favor, we refund the amounts paid under protest.
The hearing is before an impartial administrative law judge. The Administrative Law Judge section is under the jurisdiction of the Unemployment Insurance Appeal Board, an independent body appointed by the governor.
|If you disagree with the decision of:||Then, you can file an appeal with:|
|The administrative law judge||The Unemployment Insurance Appeal Board|
|UI Appeal Board||The Appellate Division of the Supreme Court,
Third Judicial Department
|The Appellate Division of the Supreme Court,
Third Judicial Department
|New York State Court of Appeals.|
You will receive notice of the date, time and place of the hearing.
If you have witnesses (someone who saw an incident or was involved), bring them with you. The Appeal Board and courts rule that a claimant's sworn testimony must prevail over an employer's hearsay evidence.
Bring evidence to support your position. Evidence may include
If you need to reschedule the hearing, write to the Administrative Law Judge Section to ask for an adjournment. Include the specific reason for your request.
If your request is not honored and you receive an unfavorable decision, you can apply for a re-opening. If your re-opening request is granted, we will hold a new hearing.
If you disagree with the decision of the administrative law judge, you can appeal to the Unemployment Insurance Appeal Board (UIAB).
File your appeal in writing, within 20 days of the administrative law judge decision. The UIAB will send you a "Notice of Receipt of Appeal" with your Appeal Board case number. The notice describes the appeal process and how to submit a statement on appeal. You must submit your statement within seven days of the date on the "Notice of Receipt of Appeal".
You can ask to review the hearing transcript before you submit your statement. If you wish to review the transcript, you will receive written notice when the file is available. You have 20 days from the date you receive notice that the file is available for your review to submit your statement.
The UIAB decides on most appeals without further testimony. Provide clear, specific reasons in your statement why you believe the decision of the administrative law judge is incorrect. The UIAB relies on evidence taken at the administrative law judge hearing and on written statements, documents and briefs submitted as part of the appeal. All parties must agree before the UIAB will consider evidence not introduced at the administrative law judge hearing.
If you disagree with an Appeal Board decision, you may appeal to the Appellate Division of the Supreme Court, Third Judicial Department, and from there to the New York State Court of Appeals.
The Commissioner of Labor and benefit claimants have the same right to appeal an adverse decision to the UIAB and the courts.
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