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The Panel cannot consider any evidence that was
not presented during a hearing. Therefore, if you failed to appear
for the hearing that was scheduled and wish to present evidence, you
must request a new hearing. Only parties who failed to participate
in their scheduled hearing can request a new hearing. If you or your
designated representative participated in
the hearing that was held, you must file an appeal.
There are two procedures for requesting a new
hearing, depending on whether or not you were the party that
appealed the initial deputy’s decision.
1.)
Appealing party (The party that appealed the deputy’s decision).
If the party that appealed the deputy’s
decision fails to appear for the hearing, the appeal is dismissed. If your appeal has been dismissed for your failure
to appear, you must request a new hearing through the Appeals
Section. The instructions for requesting a new hearing are on the
Notice of Dismissal mailed to the parties after the hearing has been
dismissed. You may also contact the Appeals Section at (303)
318-9299 or 1-800-405-2338 outside the Denver metro area, or mail
your request to the U.I. Appeals Section, P.O. Box 8988, Denver, CO
80201-8988.
2.) Non-appealing party (Did not appeal the
deputy’s decision)
If the party that fails to appear for the
hearing is not the party who appealed the deputy’s decision, the
hearing proceeds and the hearing officer bases the decision on the
evidence presented by the party who is present at the hearing. If
you have received a hearing officer’s decision for a hearing you or
your representative did
not attend either in person or by telephone, you must request a new hearing through the
Industrial Claim Appeals Office. Requests for new hearings should
be submitted to the Industrial Claim Appeals Office at the address for unemployment claims
shown on the left, faxed to this office at (303) 318-8139, or
e-mailed to ICAO@state.co.us. The
instructions for requesting a new hearing also appear at the end of
the hearing officer's decision in an area labeled “Appeal Rights.”
Regardless of whether you are requesting a new
hearing through this office or the Appeals Section, please include in your request: The claimant's name and
social security number, the docket number, a copy of the
decision you are appealing OR the date of the decision you are appealing, and
a statement of the reasons why you did not participate in the
scheduled hearing. Be as specific as possible in your
statement.
New hearings may
only be scheduled if good cause is shown for the failure to
appear. Therefore, in your request, you should provide a
complete written
explanation or statement of the reasons why you did not participate
in the scheduled hearing. Be as specific as possible in your
request.
Regulation 12.1.8, 7 Code Colo. Reg. 1101-2
states that any relevant factors may be considered when determining
whether good cause has been shown. Those relevant factors may
include, but are not limited to:
-
Whether the party acted in the manner that a
reasonably prudent individual would have acted under the same or
similar circumstances
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Whether the party received timely notice of
the need to act
-
Whether there was administrative error by
the Division of Employment
-
Whether there were factors outside the
control of the party which prevented a timely action
-
The efforts made by the party to seek an
extension of time by promptly notifying the Division
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The party's physical inability to take
timely action
-
The length of time the action was untimely
-
Whether any other interested party has been
prejudiced by the untimely action
If you receive a notice asking for
additional information, answer all the questions to the best of your
ability and provide any evidence you feel supports your request, as
you will not have another opportunity to do so. The Panel or
the hearing officer will then issue a decision as to whether good
cause has been shown for the failure to appear. If good cause
has been shown, a new hearing will be scheduled and
evidence regarding the claimant’s separation from employment can be
permitted at that time.
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