Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
[Repealed, L 2004 c
206
s
53 Repealed, 39 SR 151]
Subp. 2.
Notice.
The chief
unemployment law judge must send a notice of hearing, by mail or electronic
transmission, to each party at least ten calendar days before the scheduled
date of hearing unless notice is waived by the parties. The notice must state
the time, date, method by which the hearing will be conducted, and issues to be
considered at the hearing. If the issue to be considered at the hearing
involves ineligibility for unemployment benefits because of a separation from
employment, the notice must explain that the parties should be prepared to
discuss all incidents that arose during the course of the employment that led
to the separation. The notice of hearing must also include materials that
provide the following information:
A.
a statement that the purpose of the hearing is to take sworn testimony and
other evidence on the issues involved, that the hearing is the only procedure
available under the law at which a party may present evidence, and that further
appeals consist of a review of the evidence submitted at the hearing;
B. a statement of the parties'
right to represent themselves or to be represented by an attorney or other
authorized representative;
C. a
brief description of the procedure to be followed at the hearing, including the
role of the unemployment law judge;
D. a statement that the parties should
arrange in advance for the participation of witnesses they need to support
their position;
E. a statement
that a party may find out the name of the other party's attorney or other
representative and names of the witnesses that the other party intends to have
testify at the hearing, and an explanation of the process for making the
request;
F. a statement that
subpoenas may be available to compel the participation of witnesses or the
production of documents, and an explanation of the process for requesting a
subpoena;
G. a statement that
documents contained in the department's records, and documents submitted by the
parties that will be introduced at the hearing as possible exhibits will be
sent to the parties in advance of the hearing;
H. a statement that even if the applicant
already received unemployment benefits, it is important to participate in the
hearing, because if the applicant is held ineligible, the applicant will not be
able to receive further benefits and the applicant will have to pay back the
benefits already received;
I. a
statement that the unemployment law judge will determine the facts based upon a
preponderance of the evidence along with the statutory definition of
"preponderance of the evidence";
J. a statement that a party who fails to
participate in the hearing will not be allowed a rehearing unless the party can
show good cause for failing to participate, along with the statutory definition
of "good cause"; and
K. a statement
that an applicant, if unemployed, must file weekly continued requests for
unemployment benefits while the appeal is pending.
