UNEMPLOYMENT INSURANCE
APPEALS HANDBOOK
dol.georgia.gov
Continue Claiming Your Weekly Benefits
If you have filed a claim for unemployment insurance, continue to claim
benefits each week while your appeal is pending. If you stop claiming
benefits while your appeal is pending, you cannot receive payment for
those weeks, should you win your appeal. If you do not understand
your reporting requirements, contact your Georgia Department of Labor
(GDOL) career center.
Accommodations for Disabilities and Language Translation
If you are hearing or voice impaired or have limited English
proficiency, the GDOL will provide an interpreter upon request. See
Accommodations for Disabilities and Language Translation in the
Appeals Tribunal section for more information.
Contacting the GDOL Regarding Your Appeal
Direct communication concerning your Claims Examiner’s Determination
or appeal hearing to the Appeals Tribunal at:
GEORGIA DEPARTMENT OF LABOR
UI Appeals Tribunal
148 Andrew Young International Blvd. NE
Suite 525
Atlanta, GA 30303-1734
EMAIL: [email protected]
FAX: 404.232.3901 or 404.232.3902
PHONE: 877.709.8185 and say ”Appeals”
Direct communication concerning your appeal of the Administrative
Hearing Ocer’s decision to the Board of Review at:
GEORGIA DEPARTMENT OF LABOR
Board of Review
148 Andrew Young International Blvd. NE
Suite 510
Atlanta, GA 30303-1734
EMAIL: [email protected]
FAX: 404.232.3339
PHONE: 877.709.8185 and say ”Board of Review”
TABLE OF
CONTENTS
The Appeals Process ..........................................................................4
Levels of Appeal .............................................................................................................4
Submitting Your Appeal .................................................................................................5
File Online .............................................................................................................................................. 5
File By Email, Fax, or Hand Delivery .................................................................................................. 6
Timely Appeals ...............................................................................................................6
Withdrawing Your Appeal .............................................................................................. 7
Claimant Liability: Potential Overpayment .................................................................7
Employer Liability: Potential Tax Charges................................................................... 7
The Appeals Tribunal .........................................................................8
Scheduling Your Hearing ...............................................................................................8
Telephone Hearings.............................................................................................................................. 8
In-Person Hearings ............................................................................................................................... 8
Accommodations for Disabilities and Language Translation ....................................................... 8
Notice of Appeal Filing ..................................................................................................9
Hearing Notice ....................................................................................................................................... 9
Postponing a Hearing .................................................................................................. 10
If You Miss Your Hearing .............................................................................................. 10
Preparing for the Hearing ........................................................................................... 10
Legal Representation ..........................................................................................................................10
Attorney Fees .........................................................................................................................................11
Researching the Law ............................................................................................................................11
Gathering Evidence ..............................................................................................................................11
Written Evidence ..................................................................................................................................12
Audio/Video Recorded Evidence ......................................................................................................12
Witnesses ..............................................................................................................................................12
Requesting a Subpoena ......................................................................................................................13
If You are Served a Subpoena ...........................................................................................................13
Address and Telephone Number Changes .....................................................................................14
The Hearing ................................................................................................................... 14
The Administrative Hearing Ocer’s Role ......................................................................................14
Your Role ................................................................................................................................................ 15
Representation .....................................................................................................................................16
Testimony...............................................................................................................................................16
Entering Evidence ................................................................................................................................16
Recording the Hearing ........................................................................................................................17
Continuances ........................................................................................................................................ 17
Important Reminders for Your Hearing ..................................................................... 18
After the Hearing .......................................................................................................... 18
The Decision .........................................................................................................................................18
“Show Cause” Appeals .......................................................................................................................18
Board of Review ............................................................................... 20
Written Arguments ...................................................................................................... 20
Oral Argument ............................................................................................................. 20
Board Decisions ........................................................................................................... 21
Address and Telephone Number Changes ............................................................... 21
Superior Court...................................................................................22
Frequently Asked Questions...........................................................23
4
THE APPEALS
PROCESS
Claimants and employers have the right to appeal any determination
or decision with appeal rights that aects the receipt of unemployment
insurance benefits.
LEVELS OF APPEAL
There are two levels of appeal within the Georgia Department of Labor:
Appeals Tribunal: The first level of appeal is the Appeals Tribunal. When
appealing a Benefit Determination (monetary) or a Claims Examiner’s
Determination (non-monetary), you will submit your appeal to the
Appeals Tribunal. If a hearing is warranted, an Administrative Hearing
Ocer will conduct a hearing and issue a written decision.
Board of Review: The second level of appeal is the Board of Review. The
Board of Review is a three-member panel appointed by the governor to
review hearings conducted by the Appeals Tribunal and issue written
decisions. The Board does not conduct hearings, take testimony, or
consider any new evidence not presented at the hearing with the
Administrative Hearing Ocer.
If you wish to appeal a decision made by the Appeals Tribunal
Administrative Hearing Ocer, you must submit your appeal to the Board
of Review within 15 calendar days of the release date on the decision. You
must receive the decision from the Administrative Hearing Ocer before
you can appeal to the Board of Review.
THE APPEALS PROCESS
5
THE APPEALS PROCESS
SUBMITTING YOUR APPEAL
Appeals must:
• be submitted in writing online, by email, fax, or hand delivery;
• be filed within 15 days of the release date on the determination or
decision letter;
• identify the exact determination or decision you are appealing;
• include the name of the claimant, the social security number on the
determination or decision being appealed, your address, the best
phone number to reach you, and the release date on the determination
or decision letter;
• include the docket number, if you are appealing an Administrative
Hearing Ocer’s decision; and
• explain in detail why you are appealing.
Appeals not filed in accordance with these requirements will be
delayed, and your appeal request may be denied.
You may use the computers and fax machines in the career center
Computer Resource Centers, if needed.
NOTE: If your appeal is sent to the career center or delivered in person at
the career center, processing will be delayed until it is forwarded to the
Appeals Tribunal or Board of Review.
File Online
Claimants Employers
1. Go to the GDOL website at
dol.georgia.gov.
2. Select Online Services.
3. Select the File an Appeal
link under Individuals…
Unemployment Insurance (UI)
Benefits.
1. Log into the Employer Portal on
the GDOL website at
dol.georgia.gov.
2. Select the File UI Appeal link
under Common Links on the
Employer Dashboard.
NOTE: If you are not registered
for the Employer Portal, download
the Administrator Guide on the
landing page, select the Establish
Administrator Access link, and
follow the instructions in the guide.
6
File By Email, Fax, or Hand Delivery
Download the Appeal Request Form (DOL-423) from the GDOL website
at dol.georgia.gov under Forms and Publications. Submit the completed
and signed form as directed below.
If appealing a(n)… Submit your appeal to…
Claims Examiner’s
Determination
Georgia Department of Labor
UI Appeals Tribunal
148 Andrew Young International Blvd. NE
Suite 525
Atlanta, GA 30303-1734
Email: [email protected]
Fax: 404.232.3901 or 404.232.3902
Administrative Hearing
Ocer’s Decision
Georgia Department of Labor
Board of Review
148 Andrew Young International Blvd. NE
Suite 510
Atlanta, GA 30303-1734
Email: [email protected]
Fax: 404.232.3339
TIMELY APPEALS
Appeals must be filed within 15 days of the release date on the
determination or decision letter to be considered timely. If the 15th day
falls on a Saturday, Sunday, or state holiday, the next work day is the last
day to file a timely appeal.
The following dates are used to determine if the appeal is timely:
• The date and timestamp on the online application or the email message
received by the GDOL
• The date and timestamp on the fax received by a GDOL oce
• The date of the U.S. Postal Service cancellation stamp (a postage meter
imprint cannot be used)
• The date the appeal is hand-delivered to the GDOL oce
If it appears that the appeal is not filed within the 15-day limit, your appeal
could be dismissed as untimely without a hearing.
THE APPEALS PROCESS
7
WITHDRAWING YOUR APPEAL
Appeals can only be withdrawn by the appealing party. If you are the
person who appealed, you may request, in writing, to withdraw your
appeal. Email, fax, or hand deliver your request to the Appeals Tribunal
or Board of Review. Explain why you are withdrawing your appeal
and include the docket number and/or the last four digits of the social
security number appearing on the determination or decision letter on all
correspondence.
CLAIMANT LIABILITY: POTENTIAL OVERPAYMENT
If any determination or decision allowing benefits is reversed, the claimant
will be required to repay the benefits received during the period of
disqualification as specified in the decision by the Administrative Hearing
Ocer, Board of Review, or the courts.
EMPLOYER LIABILITY: POTENTIAL TAX CHARGES
The most recent employer’s unemployment insurance tax account will
be charged for any benefits paid to the claimant based on the separation
decision. If the original determination allowing benefits is reversed in
the appeals process, the employer must have furnished timely written
separation information to the GDOL to receive credit on the employer’s
tax account. This applies also to employers who qualify for, and have
elected, the reimbursable tax method.
THE APPEALS PROCESS
8
THE APPEALS
TRIBUNAL
THE APPEALS TRIBUNAL
SCHEDULING YOUR HEARING
After submitting your appeal request, the Appeals Tribunal will determine
if a hearing should be scheduled. If a hearing is warranted, the Appeals
Tribunal will schedule a hearing on a first come, first served basis. You will
receive a Notice of Hearing in the mail with your scheduled hearing date
and time.
Telephone Hearings
Appeal hearings are scheduled and routinely conducted by telephone
conference.
In-Person Hearings
The Appeals Tribunal may conduct an in-person hearing upon request
from a party, or on its own motion, in accordance with the Rules of the
Georgia Department of Labor, Chapter 300-2-5-.02 (2) (a). Requests for
in-person hearings may be granted as an accommodation for people
with physical impairments or other pertinent factors that would make a
telephone hearing impractical as determined by the Chief Administrative
Hearing Ocer.
Requests for in-person hearings must be submitted to the Appeals
Tribunal in writing by email, fax, or hand delivery as soon as such a need
is known. Send your request to:
Georgia Department of Labor
UI Appeals Tribunal
148 Andrew Young International Blvd. NE
Suite 525
Atlanta, GA 30303-1734
FAX: 404.232.3901 or 404.232.3902
TEL: 877.709.8185 and say ”Appeals”
EMAIL: [email protected]
Accommodations for Disabilities and Language Translation
If you or your witness are hearing or voice impaired or have limited
English proficiency, the GDOL will provide an interpreter upon
request at no cost to you. Notify the GDOL of your need for disability
accommodations or an interpreter in writing when you file your appeal. If
a need for disability accommodations or language translation arises after
9
THE APPEALS TRIBUNAL
submitting your appeal request, inform the Appeals Tribunal at least 48
hours (two business days) before your scheduled hearing date.
Individuals with hearing or voice impairment may contact the Georgia
Relay Center at 1.800.255.0056 to access GDOL services. Should you
require assistance with documents that you have received, you may
take them to your local career center for translation. These services are
provided at no cost to you.
NOTICE OF APPEAL FILING
The Appeals Tribunal will mail a Notice of Appeal Filing and Hearing
Notice to all parties. Contact the Appeals Tribunal if you do not receive
your Notice of Appeal Filing and/or Hearing Notice within two weeks of
filing your appeal.
A copy of relevant documents from the claims file will be mailed to you
with the Notice of Appeal Filing. Be sure to carefully read and review all
information and documents included with the Notice of Appeal Filing
because this information pertains to your hearing, and some or all of the
documents may be admitted into evidence at the hearing.
Hearing Notice
The Hearing Notice will tell you:
• if the hearing is by telephone or in-person;
• the date and time (in Eastern time) of the hearing (and place for an in-
person hearing);
• the issue(s) which will be discussed at the hearing; and
• instructions for participating in the hearing.
When reviewing the Hearing Notice:
• read the notice thoroughly.
• follow the instructions in the Hearing Notice carefully.
• make sure all issues you want covered in the hearing are listed.
• note if the hearing is by telephone or in person.
• note the time of the hearing. The time shown on the Hearing Notice is
Eastern time. If you live in a dierent time zone, be aware of the time
dierence.
Call the Appeals Tribunal if:
• your telephone number or address is incorrect or is not shown.
• the notice does not list the issues you expect to be covered.
The Administrative Hearing Ocer can only discuss the case with you
during the hearing.
10
POSTPONING A HEARING
The Rules of the Georgia Department of Labor allow only the Chief
Administrative Hearing Ocer, or a designee, to postpone a hearing for
providential or other good cause. Good cause is defined as circumstances
beyond the control of the parties. Situations may include, among other
factors, a disabling personal illness, a death in the immediate family, jury
duty, or military obligation. The Rules of the Georgia Department of Labor
provide that, in the absence of very unusual circumstances, a business
engagement does not constitute good cause to postpone an appeal.
The request must be made in writing at the earliest practical time via
email or fax, giving detailed reasons for the request. Email requests to
postpone a hearing to [email protected] or fax them to 404.232.3901
or 404.232.3902. Include any documentation to support the reason for
postponement, such as medical excuses, appointments for job interviews,
jury duty, etc.
A request for postponement will only be granted upon showing
providential or other good cause will prevent the attendance of a party
or essential witness. You will ONLY be notified if your postponement
has been granted. You will not be notified if your request is denied. If
you are not notified that your request is granted, then you must plan to
participate in the hearing as scheduled.
 
IF YOU MISS YOUR HEARING
If you are the person who appealed and you do not participate in the
hearing, the Administrative Hearing Ocer may dismiss the appeal and
uphold the appealed decision.
If you are not the person who appealed and you choose not to attend,
the hearing may proceed without you.
If you fail to appear for your hearing, you may request to reopen the
appeal within 15 days after the Administrative Hearing Ocer’s decision
is issued. You must wait until you receive the decision before reopening
the appeal. (See “Show Cause” Appeals under AFTER THE HEARING for
additional information.)
PREPARING FOR THE HEARING
Legal Representation
An individual claiming benefits may be represented by an attorney or
other duly authorized agent, at your own expense. If your representative
is not an attorney, you must provide the name, telephone number
and address of your representative in writing to the Appeals Tribunal
prior to the hearing. If your representative is an attorney, your attorney
THE APPEALS TRIBUNAL
11
must file an Entry of Appearance with the Appeals Tribunal prior to the
hearing. If the Appeals Tribunal is notified BEFORE the Hearing Notice
is mailed, notice may be sent to your representative. However, it is your
responsibility to be sure your representative knows the date and time of
the hearing and has received all documentation for the hearing.
Attorney Fees
The fee charged by the attorney or agent is regulated in the Ocial Code
of Georgia Annotated (O.C.G.A.) 34-8-251 and Section 300-2-5-.04 (1) of
the Rules of the Georgia Department of Labor. No representative shall
either charge or receive a fee for more than the amount approved by the
Board of Review. The fee amount may not exceed $300.00.
The counsel or representative for the claimant must submit a written
application to the Board of Review for fee approval before charging or
receiving any payment for services. Upon receipt of the application, the
Board of Review will release a written order of the amount approved to
both the counsel and client.
The fee for a claimant’s counsel will be set and approved by the Board
of Review; however, the fee must be paid by the claimant. A party who is
unable to aord legal assistance may request representation from one of
the free legal advisory services in the community.
Researching the Law
The Administrative Hearing Ocer is knowledgeable of unemployment
insurance law and will summarize the legal issues and procedure at the
hearing. If you wish to familiarize yourself with the law before the hearing,
you can review the Georgia Employment Security Law (O.C.G.A. 34-8) and
the regulations governing the unemployment insurance program on the
GDOL’s website dol.georgia.gov.
The exact provisions of law that govern your case will be shown on the
Hearing Notice.
Gathering Evidence
It is your responsibility to prepare all evidence that supports your position.
You should begin gathering documents, including documents previously
submitted to the GDOL, or other evidence necessary to present your
case as soon as you know that an appeal has been filed. A copy of
relevant documents from the claim file will be mailed to you with the
Notice of Appeal Filing. However, do not assume all documents included
with the Notice of Appeal Filing packet will be considered during the
appeal hearing. The Administrative Hearing Ocer will determine which
documents will be admitted into evidence.
THE APPEALS TRIBUNAL
12
If you think something is missing from the Notice of Appeal Filing packet,
it is your responsibility to provide copies of the missing documents to the
Appeal Tribunal and the other interested parties listed on your Hearing
Notice.
 
Prior to the hearing, it is your responsibility to:
• send copies of all evidence you intend to rely on in your hearing to the
Appeals Tribunal, including all documents and video/audio recordings.
• send copies of all evidence you intend to rely on in your hearing to the
other party, including all documents and video/audio recordings.
Failure to send documents or other evidence to ensure receipt in time
for the hearing could result in delay, rescheduling of the hearing, or the
information not being considered at the hearing.
If the documents or other evidence is in the possession of a party who
will not voluntarily provide it, you may request that the Appeals Tribunal
issue a subpoena to you. It is your responsibility to ensure the subpoena
is properly served. (See Requesting a Subpoena.)
If you receive documents from the other party, read them prior to
the hearing so you are prepared to answer any questions from the
Administrative Hearing Ocer or the other party regarding this evidence.
Written Evidence
Some examples of written material that may be introduced into evidence
include:
• Time cards and payroll records
• Warning notices
• Company rules
• Medical reports
• Telephone records and text messages
Audio/Video Recorded Evidence
Either party may introduce video or audio recordings into evidence.
You must be prepared to identify and authenticate the recording. The
Administrative Hearing Ocer will determine if the recording will be
admitted into evidence.
Witnesses
You have the right to present testimony of witnesses. Witnesses should
have firsthand, direct knowledge of facts and be present at the hearing.
However, the Administrative Hearing Ocer will determine if the witness
will be allowed to testify.
THE APPEALS TRIBUNAL
13
The witness must state the facts verbally. The Administrative Hearing
Ocer will ask the witness a few questions, and then turn them over to
you to ask additional questions. The other party will also be able to ask
questions of each witness.
It is your responsibility to notify your witnesses of the hearing and to
provide their telephone numbers to the Appeals Tribunal. Make sure they
are available and ready at the time of the hearing. The Administrative
Hearing Ocer will call them when ready to hear their testimony.
If your witness is necessary to your case, but the witness will not agree to
testify, the Appeals Tribunal can issue a subpoena to compel the witness
to testify. It is your responsibility to ensure the subpoena is properly
served on the witness. (See Requesting a Subpoena.)
Requesting a Subpoena
You may request that the Appeals Tribunal issue a subpoena for
witnesses, documents, or other evidence in the possession of another
party, when that party will not voluntarily provide it. It is your responsibility
to deliver (serve) any subpoena to the witness no later than 72 hours
(three business days) before the scheduled hearing date. Therefore,
you should request the subpoena from the Appeals Tribunal as soon as
possible.
The request for the subpoena must be in writing and contain the following
information:
1. Docket number of the appeal and the last four digits of the social
security number of the claimant
2. Full name, address, and telephone number of the witness for whom
the subpoena is to be issued
3. Time of the hearing (and place for an in-person hearing)
4. A detailed description of any documents or other evidence to be
produced by the witness
 
If You are Served a Subpoena
If you have been served with a subpoena to present documents or other
evidence, the documents or other evidence must be simultaneously
mailed, delivered, or faxed to the party who requested the evidence
AND the Appeals Tribunal. Include the docket number of the case on
each page of the documents and on the outside of recordings or other
evidence.
Evidence must be received by the Appeals Tribunal no later than 24
hours (one business day) before the hearing.
THE APPEALS TRIBUNAL
14
Address and Telephone Number Changes
Failure to advise the Appeals Tribunal of an address or telephone number
change will not be good cause to have the hearing rescheduled. The
GDOL has online access to make changes to a participant’s address or
telephone number. The Internet address is http://ga.c2tinc.com/register.
To access this online registration, you must have received a Hearing
Notice from the UI Appeals Tribunal, listing a docket number, date, and
time of a scheduled hearing. You may call, email, or fax changes to a
participant’s address or telephone number to the Appeals Tribunal. (See
Contacting the GDOL Regarding Your Appeal.)
If your address, email address, or telephone number changes after
an appeal is filed, you must update your contact information on the
GDOL website and notify the Appeals Tribunal. Updating your contact
information online does NOT change your information on appeal
records. You must notify the Appeals Tribunal directly to change your
address, email address, or telephone number on your appeal records.
All changes to your address, email address, or telephone number
must be received by the Appeals Tribunal before the hearing so the
Administrative Hearing Ocer can reach you.
THE HEARING
Appeal hearings are scheduled and routinely conducted by telephone
conference. Administrative Hearing Ocers are stationed at dierent
telephone locations when conducting hearings. Your telephone Caller ID
block must be o to accept any number being used by an Administrative
Hearing Ocer to call you. Failure to comply with this request could result
in your missing the hearing.
You must be at the telephone number you provided at the scheduled
hearing time. Have witnesses with relevant knowledge of the separation
available at the time of the hearing.
For in-person hearings, be sure you know when and where your hearing
is to be held.
The Administrative Hearing Ocer’s Role
The Administrative Hearing Ocer conducting the appeal hearing has the
duty to:
• provide a fair and courteous hearing to all parties.
• explain hearing procedures and safeguard the rights of all parties.
• control the hearing to prevent intimidation or discourtesy.
• assist parties when necessary and appropriate in presenting their case.
THE APPEALS TRIBUNAL
15
• not allow interference from any party during the hearing.
• not discuss any case with any involved parties before or after the
hearing.
When conducting the hearing, the Administrative Hearing Ocer will:
• explain the issues to be discussed, the purpose of the hearing and the
procedures.
• place all parties and witnesses under oath.
• explain the manner in which persons will testify and give rebuttal.
• assist parties when necessary and appropriate in asking questions of
other parties and witnesses.
• determine, on personal motion or at the request of a party, if testimony
and documents being oered should be accepted and considered.
• question parties and witnesses to obtain necessary facts.
• take ocial notice of well-established matters of common knowledge
and public record.
• allow you to make a closing statement to explain your position.
 
Each party has the right to:
• testify personally.
• present documents or other evidence gathered and submitted.
• have material witnesses present and ready to testify.
• question opposing parties and witnesses.
• explain or rebut evidence.
• examine documents or other evidence submitted into the hearing
record from the claimant’s benefit file.
• examine all documents and other evidence introduced at the hearing.
• make a statement at the end of the hearing.
Your Role
Be prompt.
Make sure you and your witnesses are available at the scheduled hearing
time. For in-person hearings, make sure you know where the hearing will
be held and arrive at least 20 minutes early. The Administrative Hearing
Ocer will wait 10 minutes for the parties to appear. After 10 minutes, the
hearing will begin if the appealing party is available. If the appealing party
is not available, the case will be dismissed.
Conduct yourself properly.
• Stay calm.
• Listen carefully.
• Do not interrupt the testimony being given by the opposing party.
• Make notes of questions you want to ask when given a chance to ask
questions, rebut anything said, or respond to questions asked of you.
THE APPEALS TRIBUNAL
16
Be prepared.
• Make written notes during the testimony to help you remember any
questions you would like to ask when you are allowed to cross-examine
a witness.
• Have your evidence organized and ready to present.
• Have a calendar available for reference during the hearing.
• Know the beginning and ending dates of employment with the
employer.
If you are disconnected during a telephone hearing, hang up.
You will not be able to contact the Administrative Hearing Ocer directly.
The Administrative Hearing Ocer will attempt to call you again to
resume the hearing.
Representation
An attorney or any other person of your choice may represent you, at
your own expense. See Legal Representation under Preparing for the
Hearing.
Testimony
Each person who gives testimony will be under oath. The Administrative
Hearing Ocer will make a decision based on the sworn testimony given
by the parties, witnesses who participate in the hearing, and documents
entered into the record of the hearing.
You may want to make notes during the hearing to help you remember
important facts. Speak slowly and clearly. The hearing will be recorded.
(See Recordings for the Hearing.)
Entering Evidence
Be prepared to present evidence under oath on all issues listed on the
Notice of Hearing. It is important that you present all evidence during the
hearing, including but not limited to documents, videos, audio recordings,
photographs, etc. that are relevant to your case. Additional evidence
cannot be accepted after the hearing and will not be considered on
additional appeals. The Board of Review will review the records of the
Appeal Tribunal hearing to ensure due process of law and the appropriate
decisions reached. They will not accept evidence not presented at the
hearing.
The day of the hearing:
• Have all documents or other evidence with you and ready for reference
during the hearing.
• Let the Administrative Hearing Ocer know that you have documents
or other evidence that you would like to have introduced into evidence.
THE APPEALS TRIBUNAL
17
To submit a document at a hearing, it must be identified by you or
someone who is otherwise personally familiar with the document. This
is called authentication. You must also ask the Administrative Hearing
Ocer to admit the document into evidence.
Recordings may be used and admitted into evidence at the hearing. The
video or audio recording must be identified/authenticated (just like other
documents). To authenticate a recording, you must:
• provide a witness who was present at the events recorded and who can
testify that the recording accurately and fairly depicts the event, or
• provide a witness who can testify that the recording reliably shows the
fact or facts to be proven and that the recording itself indicates the time
and date when the recording was made.
• ask the Administrative Hearing Ocer to admit the recording into
evidence.
Recording the Hearing
The Administrative Hearing Ocer will record the entire hearing. The
recording is to be used if an appeal is filed to the Board of Review, or for
other internal purposes. Generally, the recording can be used only for
unemployment compensation purposes pursuant to O.C.G.A. 34-8-122.
Continuances
While conducting the hearing, the Administrative Hearing Ocer may find
reasons to continue the case to another date. If time permits, the parties
will be notified in writing of the date and time of the continued hearing.
 
THE APPEALS TRIBUNAL
18
IMPORTANT REMINDERS FOR YOUR HEARING
• Carefully read and review this booklet and all other correspondence
you receive from the GDOL, the Appeals Tribunal, and the other party.
• Be aware of deadlines for filing requests and documents or other
evidence to be used at your hearing. Do not delay in preparing for your
hearing. If you have documents or other evidence you want to use at
the hearing, send them to the Appeals Tribunal and the other party right
away.
• Prepare and evaluate your side of the story. Are there documents you
want to use at the hearing? Do you have witnesses you want to testify?
• Stay calm and listen carefully. Take notes of statements made which
you want to ask questions about or respond to when you testify.
• Ask witnesses questions to bring out all of the details you think are
important.
• Enter exhibits. Documents you wish to have considered must be
identified at the hearing so the Administrative Hearing Ocer may enter
them into the record of the hearing.
• If you bring witnesses, bring people with firsthand knowledge of what
you want them to testify about.
• When making your final statement at the end of the hearing, think
about the evidence and testimony presented. Tell the Administrative
Hearing Ocer why the ruling should be in your favor. Be brief and to
the point.
AFTER THE HEARING
The Decision
The Administrative Hearing Ocer will release a decision that will be
mailed to all interested parties as soon as possible after the hearing.
The written decision will:
• include findings of fact, conclusions of law, and the decision itself.
• show whether the Administrative Hearing Ocer armed, reversed, or
modified the original determination of the Claims Examiner or the prior
Hearing Ocer’s decision.
If you disagree with the Administrative Hearing Ocer’s decision, you
have the right to appeal the decision to the Board of Review within 15
days of the release date on the decision.
“Show Cause” Appeals
If you were unable to attend or participate in the hearing from beginning
to end due to circumstances beyond your control, and you disagree with
the Administrative Hearing Ocer’s decision, you may file a “show cause”
appeal with the Appeals Tribunal to reopen your appeal. A “show cause”
appeal must be filed in writing within 15 days of the release date on the
THE APPEALS TRIBUNAL
19
decision. Requests to reopen should fully state:
• the grounds for the request, and
• the reasons for not attending the original hearing.
A “show cause” hearing will be scheduled to determine if good cause
has been shown to reopen the appeal. You must show the Administrative
Hearing Ocer that you had circumstances beyond your control which
caused you to miss your first hearing.
The Rules provide that, in the absence of very unusual circumstances, a
business engagement will not constitute good cause to reopen an appeal.
THE APPEALS TRIBUNAL
20
BOARD
OF REVIEW
If you wish to appeal the decision of the Administrative Hearing Ocer,
you must file an appeal to the Board of Review within 15 calendar days of
the release date on the decision letter. The appeal must be in writing and
should be sent directly to the Board of Review following the instructions
under SUBMITTING YOUR APPEAL in the APPEALS PROCESS section.
The Board of Review will mail a notice acknowledging receipt of your
appeal and advising you of the time frame allowed for written argument.
The Board of Review listens to the recorded testimony and reviews the
evidence from the Appeals Tribunal hearing. The Board of Review does
not accept new or additional evidence that was not presented during the
Appeals Tribunal hearing.
WRITTEN ARGUMENTS
You may submit a written argument stating your position for consideration
by the Board of Review in making its decision. New evidence cannot
be introduced at this time. Your argument should be based only on
testimony and evidence presented at the first-level appeal hearing with
the Administrative Hearing Ocer.
ORAL ARGUMENT
“Oral argument” means appearing in person before the Board of Review
in Atlanta to present statements and arguments to support your position in
the appeal. Oral argument must be based only on testimony and evidence
presented at the first-level appeal hearing with the Administrative Hearing
Ocer.
The Board does not routinely hear oral arguments. Requests to present
oral argument may be granted at the Board’s discretion.
 
To request oral argument, you must:
• submit a written request to present oral argument to the Board
of Review no later than 10 calendar days from the date on the
acknowledgment letter from the Board of Review, and
• receive written approval from the Board of Review.
If the Board of Review agrees to hear oral argument, it will notify both
parties of the time and place to appear.
BOARD OF REVIEW
21
BOARD OF REVIEW
BOARD DECISIONS
The Board’s decision will arm, modify, or reverse the Administrative
Hearing Ocer’s decision based on the evidence previously submitted
to the Administrative Hearing Ocer. The Board may also remand your
case if appropriate. The Board’s decision will be mailed to all interested
parties.
If the Board’s decision is not in your favor, you may file a written request
for reconsideration within 15 calendar days of the release date on the
Board’s decision letter.
Any decision of the Board of Review, in the absence of a reconsideration,
shall become final 15 days from the release date on the decision letter.
ADDRESS AND TELEPHONE NUMBER CHANGES
If your address, email address, or telephone number changes after
an appeal is filed, you must update your contact information on the
GDOL website and notify the Board of Review. Updating your contact
information online does NOT change your information on appeal
records. You must notify the Board of Review directly to change your
address, email address, or telephone number on your appeal records.
All changes to your address, email address, or telephone number must
be received by the Board of Review before the decision is mailed.
22
SUPERIOR
COURT
If you disagree with the decision of the Board of Review, you may request
judicial review by filing a petition in the Superior Court in the county in
which the work was performed within 30 days from the release date on
the Board of Review decision letter. If you last worked in another state, the
petition must be filed in Fulton County, Georgia.
Employees of the GDOL cannot furnish guidance or otherwise assist you
in this process. If you do not know the proper procedures to follow, you
can contact the Superior Court clerk or seek legal advice.
SUPERIOR COURT
23
FREQUENTLY ASKED
QUESTIONS
Should I wait to file an appeal until I can gather my evidence?
No. You should file an appeal before the appeal expiration date listed
on the determination or decision you are appealing. You should file the
appeal, and then make every attempt to obtain the needed evidence
before the hearing date.
What if I can’t aord an attorney or other legal representation?
If you cannot aord legal representation for the Appeals Tribunal hearing,
the Administrative Hearing Ocer is charged with the task of ensuring
your rights are protected. The Administrative Hearing Ocer will aid you
throughout the hearing, if you ask for help, or otherwise show you need
assistance. You may also have a friend or family member help as your
representative in the hearing.
Will my former employer be at the hearing?
The employer named in a separation determination is always an
interested party and is given notice of the hearing. The Appeals Tribunal
does not usually compel employers to appear for the hearing. An
employer may choose not to attend a hearing.
How long does the hearing with the Appeals Tribunal take?
The length of the Appeals Tribunal hearing depends on the amount of
evidence, the number of witnesses, and the complexity of the facts. A
typical hearing will last 30–45 minutes. Most hearings are allotted one
hour for completion. The Administrative Hearing Ocer may continue the
hearing if more time is needed for completion.
What if I’m working and can’t be at the hearing?
The fact that you are working does not allow you to miss your hearing.
If you are unable to attend the hearing, you may contact the Appeals
Tribunal to discuss options regarding postponement.
Should I continue to file my weekly certifications while waiting for the
appeal hearing/decision?
Yes, you should continue certifying each week. If you are successful on
appeal, you will be paid for each week you certified. Remember, you
must also be able to work, available to work, and actively seeking work
to receive unemployment insurance benefits. Although it may be decided
that you are eligible to receive benefits, you may be disqualified from
receiving benefits or have to repay benefits received for any week you
FREQUENTLY ASKED QUESTIONS
24
were not able and available to work and/or failed to submit your weekly
work search record.
How soon will I know the decision on my appeal?
The Administrative Hearing Ocer and the Board of Review will release a
written decision to be mailed to all interested parties as soon as possible
after the hearing. Decisions will not be given over the telephone.
What happens if I am being paid unemployment benefits, and I lose the
appeal?
If the Administrative Hearing Ocer, Board of Review, or a court reverses
a determination that allowed benefits, you will be required to repay any
benefits you received.
Who pays for the benefits I receive?
Benefits are paid from Georgia’s Unemployment Insurance Trust
Fund, which is funded by a tax paid by employers. Employees do NOT
contribute to this fund. If the original determination that allowed benefits
is reversed, the employer must have furnished timely written separation
information to the GDOL to receive credit on their unemployment
insurance tax account.
FREQUENTLY ASKED QUESTIONS
25
NOTES
26
NOTES
27
NOTES
DOL-424B (R-10-23)