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Appealing a determination

Reference: Minnesota Law, §268.101 Subd.1 (b)

The Minnesota Unemployment Insurance Law provides an opportunity for a fair and impartial hearing to any party who disagrees with a determination issued by the Minnesota Unemployment Insurance (UI) Program related to a benefit account, job separation, eligibility or various employer account related issues.

Appeals must be filed by mail or electronic transmission within the timeframe specified on the determination or correspondence to be appealed. All benefit and tax determinations explain how to file an appeal.

Effective April 1, 2010, MN Statue §268.103, Subd. 2a. requires that all appeals filed by agents on behalf of an employer must be filed online. This is effective for all department determinations and unemployment law judge decisions issued on or after that date. Use of another method of filing by an agent does not constitute an appeal. Agents, who have not been assigned the proper role to file an employer's appeal online, must instruct the employer to file the appeal.

When an appeal is filed by an employer or applicant, a Notice of Hearing will be sent to all involved parties by mail or electronic transmission. The notice includes the date and time of the hearing and the steps one should take to prepare for the hearing. Hearings are conducted by telephone; under special circumstances, a hearing will be conducted in person.

During a hearing, the UI Law Judge takes sworn testimony and makes sure all parties have a chance to speak, ask questions, and submit evidence. All testimony is given under oath and recorded.

After the hearing, the UI Law Judge will issue a written decision based on evidence and testimony obtained during the hearing.

This handbook is based on current UI legislation; statements are intended for general information and do not have the effect of law. The Minnesota Unemployment Insurance Law - MN Statutes 268.001 to 268.23 and Administrative Rules 3310 and 3315 - can be accessed through our website at www.uimn.org by clicking Employers & Agents, Help and Support, then the UI Law link.

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