HEARINGS AND APPEALS

How do I (claimant or employer) appeal an Examiner's determination on a claim for benefits?

  • You may file an appeal of the Examiner's determination to the Hearings and Appeals Division.  The appeal must be filed in writing within 15 calendar days of the mailing date on the original notice of determination or decision or within 7 calendar days if the notice of determination or decision was delivered to you in-person.  The letter of appeal must be signed and include the claimant's full name, social security number (last four digits) and reason you do not agree with the decision.  This is a first level appeal and should be mailed or faxed to:

    Alabama Department of Labor
    Hearings and Appeals Division
    649 Monroe Street, Room 4677
    Montgomery, Alabama  36131
    Fax: (334) 242-2084

Will I (claimant or employer) need an attorney to represent me in the hearing? 

  • It is not necessary to be represented by an attorney; however, an interested party to an appeal has the right to appoint any competent person or legal counsel to represent them in hearing proceedings.   

Should I (claimant) continue to file weekly claim certifications while my case is under appeal?

  • Yes. For any week that you remain unemployed and wish to claim unemployment compensation benefits, you must continue filing weekly claim certification by telephone.  In the event that the appeal decision is in your favor, you will be paid for eligible back weeks.   

How will I (claimant or employer) be notified of the time and date for an appeal hearing?

  • The Notice of Unemployment Compensation Telephone Hearing will be mailed to all interested parties at their address of record.  The notice of hearing will provide you with the time, date, issue(s) to be addressed in the hearing proceedings, and the Administrative Hearing Officer assigned to the case.  Unemployment compensation hearings are conducted by telephone, unless either party contacts the Hearings and Appeals Division and makes a request for special accommodations due to physical restrictions or any other reason.  The request for special accommodations can be made by telephone at 1-800-321-9323 upon receipt of the hearing notice.   

Can I (claimant or employer) bring witnesses to the hearing?

  • Yes.  You should bring to the hearing those individuals who have actual, first-hand knowledge of the facts relative to the case. 

What can I (claimant or employer) do if a witness refuses to appear voluntarily for the hearing proceedings?

  • You can make a request to the Hearings and Appeals Division by telephone at 1-800-321-9323 to subpoena the individual for the hearing proceedings.  Documents can also be subpoenaed.  It will be your responsibility to provide the Hearings and Appeals Division with a full name and address of the individual and/or custodian of records and documents to be subpoenaed within a reasonable time prior to the hearing to allow for preparation, mailing and delivery of the subpoena.   

What documentary evidence should I (claimant or employer) submit for the hearing?

  • You should only submit evidence that is relative to the issue under appeal.  The document can be provided by fax or mail.   

How will the hearing be conducted?

  • The hearing proceedings will be conducted by the Administrative Hearing Officer.  Hearing proceedings are recorded.  Any other recording of the hearing proceeding will not be permitted.  Witnesses to the hearing will be put under oath prior to taking testimony. 

After the hearing proceedings, how long will I (claimant or employer) be notified of the decision?

  • The written notice of the Administrative Hearing Officer's decision will be mailed to all interested parties usually within ten business days following the hearing proceedings.   

What should I (claimant or employer) do if I disagree with the Administrative Hearing Officer's decision?

  • You must file an appeal to the Board of Appeals of the Administrative Hearing Officer's decision within fifteen calendar days of the mailing date on the decision. 

Who can I (claimant or employer) contact for additional information on the appeals process?

  • You can contact the Hearings and Appeals Division at telephone number 1-800-321-9323.