Do I Need To Send Anything In Before The Hearing?
The answer to this question depends on whether or not a telephone hearing is scheduled in your case.
If the hearing is to be held by telephone (even if only one party is appearing by phone, and the other party is to appear in person), you will be instructed to mail any documentary evidence you want the administrative law judge to consider marking as exhibits both to the hearing office and to the other party prior to the hearing.
If the hearing is in person for both parties, it is not generally necessary to send documents in beforehand. Two exceptions exist:
- Drug test evidence should be submitted in advance on a certified report form provided by the department, to allow the opposing party an opportunity to analyze and respond to this report; and
- Medical evidence, prepared by a treating health care practitioner on an employee's behalf, on Form UCB-474 provided by the department, should be received well before the hearing to allow for preparation of expert labor market analyst testimony based on the information the physician provides.
The UCB-474 form will also be sent to the employer for review prior to the hearing, to afford the employer the opportunity to subpoena the treating health care practitioner or to present rebuttal medical evidence on its own behalf.