This information provides general answers to the most frequently asked questions from Appellants and their representatives, and is not intended as legal advice.
Do I Need an Attorney?
An employee filing an appeal with SPBR is not required to retain legal counsel. Any person not prohibited
by law May represent himself or herself before the Board. You may, however, feel more comfortable having
an attorney represent you. An attorney or other individual who represents you before the Board must file
a notice of appearance with The Board.
Although SPBR cannot provide legal advice to you regarding the merits of your appeal, our staff may answer your procedural questions.
How Will I Know If a Hearing is Scheduled?
You will receive written notice of the time and date of any settlement conference, status conference,
pre-hearing Or record hearing scheduled in your appeal. If you are represented by an attorney or other
representative who has Filed a notice of his or her appearance with SPBR, both you and your attorney/
representative will receive a notice.
What If I Can't Be There on the Hearing Day?
If you cannot attend on the date and time shown on your hearing notice, you must contact the Board as
soon as you know of the problem. A request for a continuance must be made in writing, at least ten
calendar days prior to the hearing, unless good cause is shown for failing to do so. A request for a
continuance does not automatically stay the hearing, but must be expressly granted by an ALJ or the Board.
You must also contact the opposing party's attorney to see if he/she will agree to the change.
What If I Don't Attend the Hearing?
If you file an appeal and neither you nor your authorized representative attend the hearing, the appeal
will be dismissed.
What Will My Record Hearing Be Like?
A record hearing is very similar to a trial in court, with witnesses, exhibits and rules of evidence.
Either an ALJ or the full Board will preside at the hearing, depending upon whom your appeal has been
assigned to. The employer is almost always represented by an attorney. You may bring an attorney or other
representative with you, or you can represent yourself at a record hearing. All hearings are tape
recorded. Transcripts of the hearing may be ordered by either party, but the requesting party must pay
all required transcriptionist fees.
When the record hearing begins, each side may present an opening statement. This tells the ALJ or Board what each side intends to prove. Each side then offers relevant evidence to prove its case. Evidence can be sworn testimony taken under oath at the hearing, or certain kinds of documents, such as business records. You must prove the accuracy of documents you submit, so if possible you should bring the original document or a certified copy of the document. The employer usually presents its evidence first. The employer's attorney or representative will ask questions on direct examination of its witnesses. When the employer is finished, the employee will have an opportunity to ask questions of the witnesses on cross-examination. The employee may present evidence after the employer has presented its case. As the employee finishes with each witness and his or her own testimony, the employer will have an opportunity to cross-examine each of the employee's witnesses.
Before the record hearing ends you must submit all of the evidence that you want the ALJ or Board to consider. Closing arguments may be presented by each side after all of the evidence has been received. Closing arguments address only those facts brought out in the testimony of witnesses or documents received into evidence. In some cases, the ALJ or Board may want the parties to submit written instead of oral arguments.
What Kind of Evidence Will I Need to Bring to the Hearing?
Depending on your case, you may want to bring witnesses who know about the issues involved in the charges
against you. If there are documents, such as business records, that help prove your case, try to bring
the original and two copies. You may bring photographs or other items that are relevant to your defense.
Items you want considered must be left with the ALJ or the Board.
Is There a Way to Settle Without a Hearing?
Cases often settle without going to hearing. Settlement provides parties with the opportunity to fashion
their own remedy to a problem and is especially useful when the parties will have an ongoing relationship
after the appeal process is concluded.
Contact the opposing party's attorney to see if you can work something out. If you are represented by an attorney in your appeal before the Board, your attorney should also participate in any settlement negotiations. The parties may conduct their own settlement negotiations, or call on SPBR for assistance.
If both parties are willing to have SPBR participate in the settlement process, a confidential, informal settlement conference will be scheduled to determine whether or not a compromise agreement can be reached. The Board's neutral representative will direct the settlement discussions, but is not formally presented with evidence and will not make a judgment regarding any issue in dispute.
How Do I Get Subpoenas?
If you are a party to an appeal, you have the right to subpoena witnesses and relevant documents to be
produced at the hearing. Contact the Board well before your hearing to request subpoenas. It is your
responsibility to determine how to serve subpoenas correctly. The procedure is outlined in the Board's
administrative rules. If you are requesting more than five subpoenas, you will need to get prior approval
from the Board.
Who Do I Contact if I Have Questions Regarding My Appeal?
Although the Board and its staff cannot provide you with legal advice, you may contact SPBR at
614/466-7046 for general information regarding procedural matters and the status of your appeal. All
correspondence received from SPBR will include the case number assigned to your appeal. Please have your
case number available when you contact SPBR.
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