Right to Appeal
The employer or the claimant has the right to appeal a determination approving or denying a benefit claim. To be considered timely, the appeal must be made within 16 days of the mailing date of the determination.
Most hearings are conducted as a telephone conference call. 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 or an authorized representative under K.A.R. 48-3-2(c)
- 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.
Additional information about the appeal process is found here.
Appeal to the Board of Review
An appeal referee's decision may be appealed to the Kansas Employment Security Board of Review. The appeal must be filed within 16 days from the date of the referee’s decision.
The board does not conduct a hearing, but decides the matter solely on the record made at the appeal hearing before the Kansas Department of Labor’s appeal referee. Generally, no new evidence is considered; however, the board may send the case back to a referee to obtain further evidence.
More information about the appeal process is available here.
Release of Information
Information in an unemployment insurance claim file is confidential and may not be released, except in specific, limited 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.
See Section XIV, Selected Reports, for the necessary form
Request for Disclosure of Tax/Benefit Information
Appeal hearing transcripts are specifically identified as records that may not be released, are sealed and are only available to a reviewing authority who shall then reseal them. Transcripts may be available for use in the administration or adjudication of a claim for benefits under another state program.
A party to the appeal hearing can make a request to the Employment Security Board of Review for a copy of the transcript. The statute K.S.A. 44-714(f) limits the use of the transcript: "...for the purpose of administering or adjudicating a claim for benefits under the provisions of any other state program, except that any party receiving such information shall be prohibited from further disclosure and shall be subject to the same duty of confidentiality otherwise imposed by this subsection (f) for violations of such duty of confidentiality."
Appeal to the District Court
An employer or the claimant may appeal the decision of the Employment Security Board of Review to a district court. The appeal must be filed in the proper judicial district. Such appeal is at the expense of the employer or claimant.
An issue preclusion, or 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, such as private cause of action between a former employee and their employer.