What is a UC Remand Hearing?
A remand hearing before the Unemployment Board of Review may occur during the appeals process if you choose to have your application for benefits reviewed.
After you file your initial claim for benefits, the Department of Labor will issue an eligibility determination. This notice will inform you as to whether or not you have been found eligible to receive unemployment benefits. If you are found ineligible, you have the ability to appeal the decision to the Unemployment Referee, who will review your application. An Unemployment Referee is an individual who re-examines the evidence of the claim that you have presented. The Referee’s decision will either affirm or reverse the initial finding. If this decision is unfavorable, you, again, have the option to make an appeal.
If you choose to appeal the decision of the Referee, a second hearing, known as the remand hearing, may be held. This will occur before both the Board of Review and the Referee who originally heard your case. These hearings are not held in all cases, and they are only used when the members of the board believe that the record generated in the Referee hearing was insufficient. If you believe that the record is unclear, you can request to have a remand hearing by submitting a written document to the Appeals Administration describing the information you wish to include.
During the course of the hearing, the Referee will assist in getting information from both you and the opposing party to fill in the gaps that exist in the original record. Everything collected during the hearing, including any submitted evidence, will be provided to the Board of Review in order for it to make its determination. A decision is generally issued within thirty to seventy-five days and is distributed through the mail to the participants.
You may withdraw your appeal at any point, should you choose to no longer pursue the claim. This mist be done through a written request to the department. Additionally, the board will not reconsider its decision unless there is good cause for the claim to be re-opened. If the board chooses to review its decision, new evidence will not be taken into consideration after the remand hearing unless the evidence could not have been presented.