Postponement Policy (effective October 1, 2011)

Federal regulations as found in 20 CFR Part 650 require that unemployment compensation appeals be heard as promptly as possible. All parties should treat the Notice that an Appeal has been Transferred to the Review Commission as notice to immediately begin preparing their case. A party should not wait until they receive an actual Notice of Hearing to begin preparation. Preparation could include any or all of the following: arranging a representative, requesting subpoenas, requesting a copy of the file, requesting an evening hearing if a party is working between 7:30 a.m. and 5:00 p.m., assembling necessary evidence and documents, and sending documents to the UCRC and any other party listed.

Immediately upon receipt of a Notice of Hearing, all parties should check their schedules to determine if they are available for the date and time of their scheduled hearing. A legal representative receiving a Notice of Hearing should immediately contact their client and/or witnesses to determine if any scheduling conflicts exist. Any request for postponement should be made immediately upon discovery of any conflict with the scheduled hearing date. Failure to do so may result in the denial of the postponement request.

If there is an existing conflict that cannot be resolved and you need to postpone your hearing, notify the UCRC immediately at our toll free number 1-866-833-8272. A UCRC representative will discuss the conflict with you and gather specific information to determine if "good cause" exists to postpone your hearing. Be prepared to provide details on the nature of the conflict, the party(s) affected by the conflict and why this party(s) is crucial to the presentation of your case. It is because of this need for discussion that the Commission requests that written requests for postponement not be submitted. If you do not receive a response to a written postponement request, assume that your request was denied. Where the conflict can be verified by written documentation, the UCRC may ask you to fax or e-mail a copy of that documentation to our representative for review before a postponement is granted. Failure to provide requested documentation within twenty-four (24) hours will result in the denial of the postponement request.

The Review Commission shall grant a postponement request by a party only for "exceptional reasons." The request must be received prior to the conclusion of the hearing. Such "exceptional reasons" are limited to the following:

1) Unavailability of Party. Parties are expected to take all reasonable steps to make themselves available for a hearing. Personal or business conflicts, unless specified within this policy, are not valid grounds for a reassignment.

 - A postponement may be granted due to a verified inability to access a telephone at the scheduled time of a telephone hearing.

2) Employment/Job Interview:

 - The claimant is employed, is scheduled for an employment interview or is participating in an ODJFS-approved training program at the time of the hearing and cannot reasonably appear at the hearing if the Commission is provided with proper documentation or proof of such reasons; or

- An employer who is a sole proprietor, a general partner in a partnership, or an unincorporated business and working at the time of the hearing and cannot reasonably appear at the hearing if the Commission is provided with proper documentation or proof of such reasons.

3) Medical reasons:

- Medical emergency to themselves or a member of the immediate family (documentation may be required as soon as reasonable); or

- Medical reasons to themselves or a member of the immediate family that prevent the individual from appearing if the Commission is provided with proper documentation or proof of such reasons, including but not limited to a previously scheduled, non-routine medical appointment; or

- Death in the family if the Commission is provided with proper documentation.

4) A party's involvement in other legal proceedings. When the postponement request is made by a party due to a conflict involving another legal proceeding, the following criteria will apply:

- A postponement may be granted due to a conflict with another Commission hearing upon verification that no other reasonable accommodation can be made and the party notified the Commission of the conflict within a reasonable time period.

- A postponement may be granted upon verification that the conflicting proceeding arose prior to receipt of the Review Commission's Notice of Hearing.

- A postponement will not be granted where the conflicting proceeding arose after receipt of the Review Commission's Notice of Hearing, unless the conflict was unexpected.

5) A demand by a party to obtain legal representation, provided that it is shown at the time of the request that due diligence was exerted to obtain such representation. This reason cannot be used by a party more than one time in a case.

6) Legal Representation. When the postponement request is made by a legal representative due to a conflict involving another legal proceeding, the following criteria will apply:

- A postponement may be granted due to a conflict with another Commission hearing upon verification that no other reasonable accommodation can be made and the representative notified the Commission of the conflict within a reasonable time period.

- A postponement may be granted upon verification that the conflicting proceeding arose prior to receipt of the Review Commission's Notice of Hearing.

- A postponement will not be granted where the conflicting proceeding arose after receipt of the Review Commission's Notice of Hearing, unless the conflict was unexpected and the representative represented the client in previous legal matters, including other Commission hearings.

- A postponement will not be granted where the representative has agreed to represent a party, knowing that they have a pre-existing conflict on the scheduled hearing date.

- A postponement will not be granted where the representative has agreed to represent a party knowing the scheduled hearing date, but wants time to prepare.

7) A party is unable to attend the hearing due to a conflicting legal or regulatory requirement, including but not limited to military duty, jury duty, or another Commission hearing.

8) File copy. A postponement request because a party has not yet received a copy of the record will not be granted unless the party requested the copy within ten (10) days of the mailing date listed on the Notice that an Appeal has been Transferred to the Review Commission.

9) In-person Hearing Request. A postponement request because a party wishes to have an in-person hearing will not be granted unless the party requested the in-person hearing within ten (10) days of the mailing date listed on the Notice that an Appeal has been Transferred to the Review Commission.

10) Other unforeseen circumstances such as accident, flood, fire, civil disorder, public utility emergency, military necessity or other insuperable interference.