Chapter 21 - § 21.7 • THE UNEMPLOYMENT INSURANCE BENEFITS HEARING

• Jurisdiction: Colorado

§ 21.7 • THE UNEMPLOYMENT INSURANCE BENEFITS HEARING

§ 21.7.1—Overview Of The Hearing Process

The claimant must first show the necessary covered employment and that the claimant was separated from employment. Lucero v. Industrial Claims Appeal Office, 812 P.2d 1191 (Colo. App. 1991). Once the claimant has met the burden and established a prima facie case on the pertinent issues, the burden shifts to the employer to present evidence to the contrary. Denver Symphony Assoc. v. Industrial Commission, 526 P.2d 685 (Colo. App. 1974).

Appeal hearings are "de novo," that is, the hearing officer can accept evidence on any relevant issue and the hearing officer is not limited to examining only the legal reason cited by the deputy. However, the hearing officer may not consider any separation issue that was not raised by the parties prior to the hearing, as shown by the claim file. Shaw v. Valdez, 819 F.2d 965 (10th Cir. 1987). If either party attempts to introduce a new issue, the party must show good cause for failure to disclose that issue earlier in the appeal process. If good cause cannot be shown, the party will be precluded from raising the additional issue at the hearing.

Practice Pointer
If attending the hearing in person, check in at the reception desk and wait to be called for the hearing. Hearings usually start on time. The appealing party must be present for the hearing to take place. Hearing officers will wait no longer than 15 minutes for the appealing party to arrive, and if the appealing party does not arrive within that time frame, the hearing will be dismissed. The non-appealing party is not given 15 minutes to arrive, and the hearing is started without that party's presence.

If the appeal is dismissed for non-attendance of the appealing party, the Division will mail out a notice to that effect. However, an interested party may be able to overcome its non-appearance at the hearing. Regulation 11.2.13.1 states:

the appealing party may request that the appeal be reinstated and the hearing be rescheduled pursuant to the procedures set forth in part XII of the regulations. The request must be received by the division within twenty calendar days after the date the dismissal notice was mailed by the division. An untimely request that a hearing be rescheduled may be permitted by the division for good cause shown, pursuant to the procedure set forth in part XII of the regulations.

In other words, if an appealing party fails to attend, they have 20...