2980: Unemployment Insurance Cases – Scope
2980.1
Sections 2980 through 2986 shall govern hearings of appeals of decisions of the District of Columbia Department of Employment Services (DOES) concerning unemployment compensation insurance.
2980.2
The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2980 through 2986.
2980.3
If there is a conflict between any federal law or regulation and anything in these Rules, the federal law or regulation shall control.
2980.4
If there is a conflict between any District of Columbia statute and anything in these Rules, the District of Columbia statute shall control.
2980.5
If there is a conflict between any other agency’s procedural rules or regulations and these Rules, these Rules shall control.
2981: Unemployment Insurance Cases – Beginning a Case
2981.1
A party requesting a hearing to appeal a DOES Claims Examiner’s Determination in an unemployment compensation case shall file a copy of the determination that the party is appealing with the hearing request. If the party does not file a copy of the determination, OAH shall issue an order directing the party to file a copy of the determination in order to establish OAH’s jurisdiction. If the copy is not provided, OAH may dismiss the case.
2981.2
In unemployment compensation cases, OAH may extend the deadline for filing a hearing request upon a showing of excusable neglect or good cause.
2981.3
Section 2805 shall govern all other procedures for requesting a hearing.
2982: Unemployment Insurance Cases– Representatives
2982.1
An authorized agent employed by a firm whose usual business includes providing representation in unemployment compensation cases may represent any party.
2982.2
Sections 2808 and 2810, shall govern the practice of lawyers or other party representatives.
2983: Unemployment Insurance Cases – Filing of Papers
2983.1
(a) When a request for hearing is mailed to OAH, if the envelope containing the request bears a legible USPS postmark or if there is other proof of the mailing date, the request shall be considered filed on the mailing date. The filing date cannot be established by a private postage meter postmark alone.
(b) When a request for hearing is delivered to OAH by commercial carrier, the filing date is the date the commercial carrier received the request for delivery to the Clerk’s Office, if the cost of delivery is prepaid and delivery is to occur within three (3) calendar days of the commercial carrier’s receipt. The date of commercial carrier’s receipt shall be established by a document or other record prepared by the commercial carrier in the normal course of business.
2983.2
Section 2811 shall govern all other procedures for filing papers.
2984: Unemployment Insurance Cases – Subpoenas
2984.1
In unemployment compensation cases, the Clerk shall issue no more than three (3) subpoenas to each party under § 2824.5 to compel:
(a) The appearance at a hearing of persons who have direct knowledge of Claimant’s separation from employment or of the reasons for an adverse action regarding Claimant’s benefits; or
(b) The production at a hearing of documents, dated no earlier than six (6) months before the date of separation, in the other party’s possession that directly relate to Claimant’s separation from employment or to the reasons for an adverse action regarding Claimant’s benefits.
2984.2
Service of a subpoena for a witness to appear at a hearing shall be made by personally delivering the subpoena to the witness. Unless otherwise ordered by an Administrative Law Judge, service shall be made at least two (2) calendar days before the hearing.
2984.3
Section 2824 shall govern all other procedures for subpoenas.
2985: Unemployment Insurance Cases – Hearings And Evidence
2985.1
At least three (3) business days before a hearing in an unemployment compensation case, a party shall serve on all other parties and file with the Clerk the following:
(a) A list of the witnesses, other than a party, whom the party intends to call to testify; and
(b) A copy of each exhibit that the party intends to offer into evidence, other than exhibits to be used solely for impeachment or rebuttal.
2985.2
Section 2823 shall govern all other procedures for hearings.
2986: Unemployment Insurance Cases – Requesting Reconsideration, A New Hearing, Or Relief From a Final Order
2986.1
Section 2830 shall govern decisions on motions for reconsideration, a new hearing, or relief from a final order.