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Frequently Asked Questions

Below are some of the most frequently asked questions of the CUIAB. If you have any questions, please contact us.

  1. Why did I receive the Notice of Hearing?
  2. When and where is the hearing?
  3. Can the Hearing date or time be changed?
  4. What if I cannot go the hearing?
  5. Should I go to the hearing?
  6. What will happen at the hearing?
  7. Do I need a lawyer?
  8. What if I need an interpreter?
  9. What if I need special accommodations?
  10. What if I moved?
  11. Should I bring witnesses to the hearing?
  12. What if a witness does not want to attend the hearing?
  13. Should I bring papers to the hearing?
  14. What if I do not have the papers?
  15. What if I want to cancel the appeal?
  16. What if I missed the hearing?
  17. When will I get the Judge's decision?

 

  1. WHY DID I RECEIVE THE NOTICE OF HEARING?
    The Office of Appeals sent you the Notice of Hearing because:
    • The Employment Development Department (EDD) made a decision about benefits;
    • A party disagreed with EDD's decision and filed an appeal. The parties are typically the claimant who claims benefits, the employer, and EDD; and
    • You are a party to the appeal.

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  2. WHEN AND WHERE IS THE HEARING?

    In the upper-right hand corner of your Notice of Hearing there is a box with the date, time and place of your hearing. Please read the box carefully. The box tells you to appear either in person or by phone

    • If the box tells you to appear in person, go to the place stated in the box. Get there at least 15 minutes before your hearing time. You will need that time to review the case file. If you would like to review the case file before the hearing date contact the Office of Appeals at the number listed on your Notice of Hearing.
    • If the box tells you to appear by phone, follow the instructions in the box to call in for your hearing. Please review all papers sent to you before you call in.

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  3. CAN THE HEARING DATE OR TIME BE CHANGED?

    Not usually. You must have a good reason. Consider the options below before asking for a change. Call the Office of Appeals right away to make your request. See the number listed on your Notice of Hearing.

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  4. WHAT IF I CANNOT GO TO THE HEARING?

    If you or your witness cannot go to the hearing, try using one of the following:

    • Appear by phone. If a serious problem keeps you from going to the hearing you may ask to appear by phone. Call the Office of Appeals right away. You must have a good reason, such as being more than 50 miles from the place of hearing.
    • Appear by written declaration. Write your side of the story and include this sentence at the end: "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct." Please date and sign it. The judge must receive it before the hearing.
    • Appear by written statement. Write your side of the story. The judge must receive it before the hearing. A written declaration, described above, has more weight than a written statement.

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  5. SHOULD I GO TO THE HEARING?

    Yes. If you do not go or appear in some other way:

    • The judge will usually dismiss your case if you are the party who filed the appeal.
    • The judge will usually hold the hearing without you if another party filed the appeal.

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  6. WHAT WILL HAPPEN AT THE HEARING?

    At the hearing the judge will:

    • Record the hearing.
    • Explain the hearing process.
    • Question parties and witnesses under oath.
    • Receive papers and other exhibits.

    At the hearing each party can:

    • Present necessary witnesses and exhibits.
    • Question parties and witnesses.
    • Responding to evidence presented by others.
    • Make closing comments.

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  7. DO I NEED A LAWYER?

    No. Most people represent themselves. The judge will explain the process, question parties or witnesses, and help you ask questions if needed. You have the right to be represented by any person at your own expense. The person need not be a lawyer.

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  8. WHAT IF I NEED AN INTERPRETER?

    The Notice of Hearing will tell you if an interpreter will be provided. If it does not, contact the Office of Appeals right away. See the number listed on your Notice of Hearing. We will get and pay for an interpreter.

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  9. WHAT IF I NEED SPECIAL ACCOMMODATIONS?

    Contact the Office of Appeals right away for any special accommodations, such as assistive listening devices or wheelchair accessibility. See the number listed on your Notice of Hearing.

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  10. WHAT IF I MOVED?

    Contact the Office of Appeals right away. See the number listed on your Notice of Hearing.

    Contact EDD right away. See the following numbers for Unemployment Insurance (UI), Disability Insurance (DI) or Paid Family Leave (PFL) claims:

    • UI (800) 300-5616 TTY (800) 815-9387
    • DI (800) 480-3287 TTY (800) 563-2441
    • PFL (877) 238-4373 TTY (800) 445-1312

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  11. SHOULD I BRING WITNESSES TO THE HEARING?

    Yes, bring any witnesses who support your case. Eyewitnesses are best. The judge will decide which witnesses will be allowed to testify. Witnesses may have to wait outside the hearing room until they are asked to testify.

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  12. WHAT IF A WITNESS DOES NOT WANT TO ATTEND THE HEARING?

    Contact the Office of Appeals right away. See the number listed on your Notice of Hearing. If approved, the Office of Appeals will prepare either a:

    • Notice to Attend - A request to attend the hearing that we will mail to your witness.
    • Subpoena - An order to attend the hearing that you will hand or have handed to the witness.

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  13. SHOULD I BRING PAPERS TO THE HEARING?

    Yes, bring any papers that support your case. These should include any important information such as letters, doctors' notes, or pay records. Bring three copies if you can. The judge will keep one copy of the papers as evidence in the case file.

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  14. WHAT IF I DO NOT HAVE THE PAPERS?

    If someone else has a paper that you need, ask that person for a copy. If that person will not give you a copy, contact the Office of Appeals right away. See the number listed on your Notice of Hearing. If approved, the Office of Appeals will prepare either a:

    • Notice to Produce - A request that we will mail to your witness to produce the papers for the hearing.
    • Subpoena Duces Tecum- An order to produce the papers that you will hand or have handed to the witness.

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  15. WHAT IF I WANT TO CANCEL THE APPEAL?

    If you filed the appeal, you may ask to cancel it. This is called a request to withdraw. You may withdraw by calling or writing to the Office of Appeals. See the number or address listed on your Notice of Hearing. If you did not file the appeal, you may not ask to withdraw it.

  16. WHAT IF I MISSED THE HEARING?

    Contact the Office of Appeals right away. See the number listed on your Notice of Hearing.

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  17. WHEN WILL I GET THE JUDGE'S DECISION?

    The Office of Appeals will mail the decision after the hearing date.

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