SECTION XI. - Disputing a Claim

Appeal to the Judge
Appeal to the Board of Review
Confidentiality of Appeal Hearing Transcripts
Appeal to the District Court
Release of Information
Collateral Estoppal Provision
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Appeal to the Judge

An employer or the claimant has the right to appeal a determination issued by a deputy examiner. To be considered timely, the appeal must be within 16 days of the mailing date.

The Kansas Employment Security Law provides for the right of any interested party to file an appeal to a determination or decision. Appeal hearings are held on an informal basis and conducted in accordance with Adjudicatory Rules of Practice and Procedure. It is the responsibility of the appeals referee to moderate the proceedings and make certain that all of the important facts are properly presented in order that a fair, impartial decision may be made according to applicable law.

The employer and the claimant have rights at a hearing including: To be represented by a lawyer, agent, or any other person who may be of assistance; giving and objecting to evidence; questioning witnesses of the opposing party; and explaining or rebutting testimony.

All testimony given at the hearing is recorded in the event of further appeal by either party. Due to the strict guidelines placed upon the department by the U.S. Department of Labor, continuances may not be granted without good reason.

Appeal to the Board of Review

A referee's decision may be appealed to the Kansas Board of Review. The appeal must be filed within 16 days from the date of the decision.

The board does not conduct a hearing but decides the matter solely on the record made at the hearing before the Kansas Department of Labor's appeal referee. No new evidence may be introduced; however, the board may send he casee back to a special hearing officer to obtain further evidence.

Confidentiality of Appeal Hearing Transcripts

Appeal hearing transcripts are specifically identified as not releasable, are sealed, and only available to a reviewing authority who shall then reseal. Transcripts may be available for use in the administration or adjudication of a claim for benefits under another state program.

Appeal to the District Court

An employer or the claimant may appeal from the decision of the Board of Review. The appeal must be filed in the proper judicial district of the district court.

Release of Information

Information in an unemployment insurance claim file is confidential and may not be released, except in certain specific circumstances. Information from a claim file may be released to federal and state officials in the performance of their official duties for the purpose of income and eligibility verification. All public officials must hold the files or information confidential.

Collateral Estoppel Provision

A collateral estoppel provision establishes that decisions made pursuant to any administrative hearings regarding unemployment insurance will not be conclusive, binding, or admissible as evidence in any separate action outside the scope of the Employment Security Law.