Notice of fact-finding process

(a) Except as provided in subsections (e) and (f), a claimant may elect to participate in a predetermination hearing by appearing in person or by telephone. The Administrator shall allow the claimant to participate solely by submitting a written statement when the claimant has a compelling personal reason that prevents his appearance in person or by telephone including but not limited to his return to employment. (b) The Administrator shall promptly provide written notice of the predetermination hearing to the individual and shall mail written notice to the employer of the date, time and place of the predetermination hearing, as well as a brief statement of the reason for unemployment provided by the claimant to be adjudicated at such hearing. The notice shall specify a time range during which the claimant should be available when telephone participation is elected. (c) The hearing notice to the employer shall specify that the employer may elect to participate in a predetermination hearing by appearing in person, by telephone or by submitting a written response to the hearing notice, containing the employer's account of the circumstances surrounding the individual's separation. The Administrator may provide specific questions to be answered in writing by the employer. The notice shall specify a time range during which the employer's designated representative should be available when telephone participation is elected. (d) Where technologically feasible, the administrator may authorize either party to participate in a predetermination hearing by other electronic means. (e) The administrator may deny a party's request to participate by telephone in a predetermination hearing where the administrator concludes that in light of highly complex questions of fact or law or other unusual circumstances, telephone participation would significantly undermine the effectiveness of the adjudication process. (f) The administrator shall not generally allow telephone participation in a hearing which is being conducted solely to adjudicate eligibility issues arising in conjunction with a continuing claim for benefits (e.g. availability for work, reasonable efforts to find work) and may disallow telephone participation whenever such issue is being adjudicated concurrently with a predetermination hearing. (g) The hearing notice shall inform the claimant and the employer of their rights in the predetermination hearing including: (1) the right to be represented by any person, including an attorney; (2) the right to present evidence, documents and witnesses; and (3) the right to cross-examine witnesses and parties, so long as the Administrator deems such cross-examination to be appropriate and relevant. (h) The Administrator shall schedule each predetermination hearing no earlier than the tenth calendar day following the issuance of notice of such hearing. (i) The Administrator shall mail the notice of the predetermination hearing to the employer's address that appears on the Notice of Separation (Form UC-61). Where no Notice of Separation is provided to the Administrator, the Administrator shall mail the predetermination hearing notice to the most recent address of record provided by the employer to the Administrator's Employer Status Unit.