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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 240. Oklahoma Employment Security Commission |
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Chapter 10. Unemployment Insurance Program |
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Subchapter 13. Appeal Tribunal Procedure |
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Part 5. HEARINGS |
SECTION 240:10-13-40. Reopen
Latest version.
- (a) If a party does not appear for a scheduled hearing, the party may move to reopen the hearing within ten (10) days after the mailing of the Appeal Tribunal's Order of Decision. The motion shall provide reasoning for failure to appear and will become a part of the record.(b) The Director of the Appellate Division, or a designee, shall review the Motion to Reopen the Hearing. For the purpose of ruling on the motion only, the Director or designee shall accept the facts offered in the motion as true. If the motion does not demonstrate good cause for failure to appear at the prior hearing, as defined by OESC Rule 240:10-13-37, the Motion to Reopen the Hearing shall be denied. The Appeal Tribunal shall issue a written order denying the motion with appeal rights to the Board of Review.(c) If the facts offered in the motion demonstrate good cause or leave a question as to whether good cause exists, the Chief Hearing Officer shall set the case for hearing on the issue of good cause for the non-appearance. All interested parties shall be notified of the hearing to show good cause.(d) After the hearing provided for subsection (c) above, if the hearing officer finds good cause as the basis for failure to appear at the previously scheduled hearing, the case will proceed to be heard on its merits.(e) After the hearing provided for subsection (c) above, if the hearing officer does not find good cause for the party's failure to appear at the originally scheduled hearing, a decision will be rendered reinstating the original decision.(f) If the party who failed to appear at the originally scheduled hearing appears for the new hearing and the party who appeared at the originally scheduled hearing does not appear, testimony and evidence from the party present will be taken, the recording made at the original hearing will be reviewed on the record, and the decision shall be rendered based upon the sworn testimony and other evidence submitted at both the first hearing and the second hearing.