The Division of Adjudication contains the Appeals Unit, the Workforce Appeals Board, and Department of Workforce Services Legal Counsel.
The Appeals Unit is the first level of appeals for unemployment insurance, public assistance, and training services. Most of the Appeals Unit hearings concern unemployment insurance claims. At the Appeals Unit level, all parties to the appeal are provided an opportunity to participate at a hearing where an unbiased administrative law judge (ALJ) takes evidence and sworn testimony regarding the issue being appealed. The parties have the right to have representation at the hearing and also to have witnesses testify to relevant facts concerning the case.
Although the original decision of the Department of Workforce Services is made part of the appeals hearing record, the ALJ hears the case without being obligated to make the same decision as found by the Department initially. The appeal hearing is tape recorded. The tape, together with the case file containing any documents entered into evidence, becomes the official record of the appeal hearing. The ALJ issues a written decision, which contains the ALJ's findings of fact and decision based on law.
If a party to the hearing or the Department disagrees with the decision of the ALJ, the decision may be further appealed. The appeal must be received within 30 days of the date of the ALJ’s decision. Unemployment insurance related appeals of the ALJ’s decision goes to the Workforce Appeals Board. Public assistance and training service related appeals of the ALJ’s decision can be appealed to the Director of the Division of Adjudication or District Court setting forth the grounds under which the appeal is made.
The Workforce Appeals Board is made up of individuals appointed by the governor who sit in three-person panels to determine whether the decision of the administrative law judge is correct.
The Board does not hold another hearing. Instead, it issues its decision based on a review of the entire record created at the hearing before the ALJ. The Board may affirm, reverse, or modify the ALJ's decision. The Board may also send the case back to the ALJ for further proceedings if the record is inadequate. If a party is unsatisfied with the Board’s decision, the unemployment insurance related matter can be appealed to the Utah Court of Appeals for further consideration.