NEW MEXICO DEPT. OF WORKFORCE SOLUTIONS APPEALS TRIBUNAL HEARING INFORMATION AND INSTRUCTIONS HOW TO REACH THE APPEALS TRIBUNAL (Albuquerque calling area) (505) 383-2700 (Instate, Outside Albuquerque calling area) Toll Free 1-800-227-7325 (Out of state) Toll Free 1-800-545-0533 FAX number: (505) 383-2719 Mailing Department of Workforce Solutions Physical Department of Workforce Solutions Address: Appeals Tribunal Address: Appeals Tribunal P.O. Box 1928 401 Broadway NE Albuquerque, NM 87103 Albuquerque, NM 87102 HOW THE HEARING WILL BE HELD: Hearings are held before an Administrative Law Judge (ALJ). These are formal legal proceedings which should be taken as seriously as any other court proceedings. Conduct yourself appropriately. Be respectful and courteous to the ALJ and all parties to the hearing. Never interrupt or argue with the ALJ. Hearings are held either by telephone or in person. Your Notice of Hearing will state how your hearing will be held. Hearings are not open to the public. If you are scheduled for a telephone hearing, you (and each of your witnesses, if they are at different locations) must call the Appeals Tribunal number listed in the Notice of Hearing ten minutes before your scheduled time. There is no grace period. If you or your witnesses call in late, you or they may not be allowed to participate and/or the appeal may be dismissed. If any witnesses at different locations do not call in themselves, you will not be able to have them testify for you. You are responsible for providing your witnesses with the information necessary to call in. If you are disconnected during the hearing, your ALJ will call you back. It is your responsibility to have a working phone for the entire length of the hearing. CELL PHONES AND PAY PHONES ARE NOT ALLOWED. Failure to be at a working phone will be considered a “no show” which could result in you or your witnesses not being allowed to participate and/or the appeal being dismissed If you don’t get a callback from your ALJ within 15 minutes of the scheduled hearing start time, you should call the Appeals Tribunal back to check on the status of the hearing and verify your callback number. CONDUCT OF HEARING: The ALJ conducts the hearings but cannot talk to either side about the case outside of the hearing. The ALJ will explain the issues and the hearing procedures during the hearing. You may ask questions if you do not understand. The ALJ will decide what testimony or documents will be allowed during the hearing. You will have a chance to testify, present documents, and to question your own witnesses and opposing witnesses. All testimony is sworn testimony. The ALJ will tape record the hearing. You may not tape record it yourself without permission from your ALJ. If you do not speak English well, let us know right away that you need an interpreter and in what language. The Department will provide an interpreter without charge. DOCUMENTS: It is not always necessary to submit documents in support of your case, but you have the right to do so. Do not ask the Appeals Tribunal staff what documents you need to submit. That is your decision. You are strongly encouraged to submit NO MORE than 20 pages total. You must provide the other side, at the address listed in the Notice of Hearing, with copies of any and all documents you would like to be considered, even if you have previously provided those same documents to the DWS claims examiner during the initial investigation or with your letter of appeal. You must ensure that the other side has received your documents at least 48 hours before the hearing. Copies must also be provided to the ALJ at least 24 hours before the hearing. Each document must be clearly marked with the 1) the claimant’s name, 2) the appeal (docket) number, 3) the date and time of hearing, and 4) the ALJ’s name. If you do not follow any of these instructions, your documents will not be accepted. If you want a copy of your claim file, you must request it IN WRITING in advance of your hearing. WITNESSES: The best witnesses are those who were there when the events of the case happened, were involved in those events, or who know about the facts in the case directly, not from what someone else has told them. All individuals participating in or observing the hearing will be required to identify themselves on the record. SUBPOENAS: If you need a person to attend the hearing who is not willing to appear or a document that is in someone else’s possession which they will not provide to you, you may request a subpoena for that person or document. Your request must be in writing. Send a copy of your request to the other side. In the request, explain what witness or document you need and why they are important to your case. You must provide the name and address of the witness or custodian of the document in question. Your subpoena request may not be granted if the ALJ determines that the witness or documents sought are not directly relevant to the case. The ALJ may, but is not required to, conduct a hearing on your subpoena request. After such a hearing, the ALJ will issue a decision which may be appealed by either side if they disagree with it. RESCHEDULING: Rescheduling is rarely done. If you can’t attend a hearing due to another administrative hearing, court date or verifiable emergency, you may request a rescheduling in writing. Include any available documentation to support your request. Send a copy to the other side. Unless you are advised the request is granted, you must appear at the scheduled time. IF YOU DO NOT APPEAR YOU COULD LOSE YOUR CASE. RIGHT TO REPRESENTATION: You have the right to obtain, at your own cost, a lawyer, union agent, or other person to help you. Any representative appearing on your behalf must submit a written Entry of Appearance document to the ALJ and the other party as far in advance of the hearing as possible. AFTER THE HEARING: The ALJ’s decision is mailed to the parties. If the decision is against you, you have the right to appeal it. The deadline for doing so will be stated in the decision. There is no pre-set, mandatory timeframe for the ALJ to issue his/her decision. How long it takes depends on several factors, including the complexity of your case, the ALJ’s workload, the length of the testimony, etc. You are welcome to call the Tribunal at any time to inquire as to the status of your decision. Unemployed claimants should keep filing their weekly certifications by phone while the appeal process is pending. ADDRESS CHANGE: If you have an address change at any point after you have filed your appeal, you must notify the Appeals Tribunal in addition to the Claims Section (or Tax Section for employers) immediately. If you wish to read the Unemployment Law regulations and related laws, they are available on the Internet: http://www.conwaygreene.com/publishingProgram.htm (UI statutes); http://www.nmcpr.state.nm.us/nmac/_title11/T11C003.htm (UI regulations); and http://production/uiclaim/html/Precedent_Manual/index.html (UI Precedent Manual.
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