PRELIMINARIES:
{AS EACH PERSON LOGS ON…}
___Intro Self (NAME, HEARING EXAMINER/ATTORNEY) _We are being recorded___ Please state and spell your name.
___Are you expecting anyone else to call in on your behalf?
___I’m required to wait 10min past appointed time for all parties. Please hold the line in silence while we wait.
OPENING OF HEARING:
____Intro self ___Being recorded ___Appeal No. ___the case of Smith v. Jones.
____State date and time, TELEPHONIC HEARING ____Oath
____Have each party/witness/Rep state their name & address
____ER witness state position.
____READ ISSUE STATEMENT ____Confirm each party received Notice of Hearing.
____READ/Summarize Determination.
The Procedure for today’s hearing will be:
___I will have some preliminary questions then
___Smith can present any testimony/evidence ___Jones can then cross-examine Smith.
___Smith can then question own witness & ___Jones can cross witness.
___Jones can present any testimony/evidence ___Smith can then cross-examine Jones
___Jones can then question own witness & ___Smith can cross witness.
___Each side can then make a closing statement if they wish.
Smith do you have any questions about the procedure for today? Jones, any questions?
____DESIGNATE AGENCY RECORD (NOT for truth of info; merely to document procedural history) – appeal letter, fact-finding docs
TESTIMONY
Smith what was the claimant’s ___FDW ___LDW ___Salary ___Position ___Full-time/Part-time ____Quit or Discharge
____Please tell me what caused the quit/discharge.
{AFTER THEY COMPLETE THEIR TESTIMONY}
____Is there anything further you wish to add regarding the quit/discharge?
____Jones - Do you have any questions for Smith on cross-examination?
____Smith - Is there anything further you wish to add?
{IF YES - LET JONES CROSS AGAIN}
{IF Smith has a witness - repeat for witness}
____Smith - Is that the close of your side of the case?
____Jones - What would you like to tell me about the quit/discharge?
____Is there anything further you wish to add regarding the quit/discharge?
____Smith - Do you have any questions for Smith on cross-examination?
____Jones - Is there anything further you wish to add?
{IF YES - LET SMITH CROSS AGAIN}
{IF Jones has a witness - repeat for witness}
____Jones - Is that the close of your side of the case?
____Smith: You have the right to present REBUTTAL TESTIMONY
- Is there anything new you would like to add in light of Jones’ testimony?
____Jones - Do you have any questions on cross in light of the NEW testimony?
____Jones- Do you have any REBUTTAL TESTIMONY in light of Smith’s rebuttal testimony?
____Smith - Do you have any questions for Jones in light of the NEW testimony?
{REPEAT REBUTTAL until both sides have nothing further}
STATE THAT TESTIMONY IS NOW CLOSED
CLOSING
(Parties can ONLY summarize what they said; cannot add new info)
____Smith - Is there anything you would like to say in closing/summary before we finish the hearing?
____Jones - Is there anything you would like to say in closing/summary before we finish the hearing?
CONCLUSION
What will happen next is:
___I will issue a written decision.
___It will be posted to your BEACON portal.
___The decision will include a paragraph concerning APPEAL rights.
Either side can file an appeal of my decision and the paragraph will explain how to file an appeal and a deadline date for filing an appeal.
___SMITH - do you have any questions before we finish today?
___JONES - any questions?
I want to thank you for your time. The hearing is concluded. Please hang up your line.
{WAIT FOR ALL PARTIES TO HANG UP AND THEN DISCONNECT THE LINE}