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The Appeals Hearing

What happens after I submit my request for an appeals hearing?

  1. Appeals are processed in the order they are received.
  2. The Appeals Bureau will gather the appropriate documents to be used.
  3. A Notice of Telephone Hearing packet will be mailed showing the date and time of the appeals hearing and the issue on appeal.
  4. The Notice of Telephone Hearing and documents will be mailed at least seven days prior to the date of the hearing.

How soon will the hearing be held?

  • Hearings are held as soon as the Appeals Bureau’s calendar will allow.
  • If you do not hear from the Appeals Bureau within two weeks AFTER you filed your protest, please call (208)332-3572 to make sure your appeal was received.

After I receive my Notice of Telephone Hearing, what do I need to do?

  • Review the information contained in the packet and be prepared to participate in the telephone conference. If a document important to your position is not included, you may get it into the record by providing a copy to the Appeals Bureau and to all other interested parties.
  • After reading the instructions, if you have any questions call the Appeals Bureau at (208) 332-3572.

What happens in the hearing?

  • Hearings are held over the phone. Each party is mailed a Notice of Telephone Hearing which will provide the party with the date and time of the hearing; and a PIN number to access the hearing.
  • The hearing will begin promptly. The judge will identify the parties present and will then explain the hearing procedures that he/she will follow. The issues will be explained and each of the submitted exhibits will be identified. Each party will have the opportunity to object to the admission of any exhibit.
  • The parties will be sworn in. Each party will have the opportunity to testify and to call other witnesses, if any. The judge will generally begin by asking questions of each witness and then allow each party to also ask questions of each witness.
  • Once the parties have put their testimony on the record, each party will then have the opportunity to respond to the testimony.
  • At the close of the hearing, each party will be allowed to make a final argument or statement and the hearing will close.

May I contact the judge before or after the hearing?

  • No. You may not have contact with the judge outside the recorded hearing.

I don’t have a telephone to use for the hearing. What can I do?

  • You may contact your local office and make arrangements to use a phone in that office.
  • A party may call from anywhere to participate in the conference hearing.
  • It is the responsibility of the parties to have a functioning telephone or to make suitable arrangements to participate and maintain connectivity to the hearing. The hearing will not end because you become disconnected.
  • All hearings are conducted by phone and not in-person.

What if I’m hearing impaired?

  • If you need assistance to participate in the hearing because of speech, hearing, language or other special needs, immediately call or have someone call the Appeals Bureau at (208) 332-3572 so arrangements can be made to assist you.

Will an interpreter be provided for me during my hearing if requested?

  • Yes. The Appeals Bureau will provide an interpreter for you during the hearing if needed. Please contact the Appeals Bureau at (208) 332-3572 before your hearing and as soon as possible to ask for an interpreter for your specific language.

Do I need an attorney to represent me during the hearing?

  • No, representation is not required. However, if you desire, an attorney or some other adult representative may represent you at an appeals hearing. It is your responsibility to arrange for a representative before the hearing.
  • If you have an attorney representing you let the Appeals Bureau know by calling (208) 332-3572.

Can a family member or friend be present with me during my hearing to assist me?

  • Yes, you can have someone assist you during the hearing. However, that person will NOT be allowed to testify on your behalf.

If I cannot attend the hearing on the date it is scheduled, can it be postponed?

  • Possibly. If you need to request a postponement you must call prior to the date of the hearing.
  • A postponement request on the day of the hearing must be made to the judge at the time set for the hearing.

Can I provide witnesses for my hearing?

  • Yes, you may have witnesses testify at your hearing, however the judge will make the decision as to whether or not the testimony of the witness is necessary.
  • If you intend to call witnesses, it is your responsibility to have your witnesses available on the date and time of the hearing and to provide a phone number where they can be reached.

Is it necessary to subpoena witnesses for my hearing?

  • If a witness is unwilling to appear or you need documents you cannot get, you may request the Appeals Bureau to issue a subpoena.
  • You will be required to explain why the witness or document(s) are needed for your case.
  • You must make your request in writing as soon as possible and provide the name, address and phone number of the witness or of the person who has the document(s) you need.
  • The judge will review the request and decide whether or not to issue the subpoena.

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