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December 19, 2014
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Benefit / Tax Appeals


IF I DISAGREE WITH A DECISION OF THE DIVISION, CAN I APPEAL?

Yes. Practically every action of the division affecting an employer or a worker may be appealed for review by an impartial referee or hearing officer.

Appeals from benefit determinations may be made by either the employer or the claimant and are heard by an Appeals Branch referee. Be sure to include the social security number and/or the employer number of the claimant when sending documentation.  If either party is dissatisfied with the decision of the referee, a further appeal may be filed with the Unemployment Insurance Commission, and, thereafter, through the courts.

Appeals for tax determinations (employer-employee relationship, liability determinations, tax rate, notices of assessments, etc.) are filed directly with the Unemployment Insurance Commission. Parties who are dissatisfied with a decision of the commission may continue their appeals through the Franklin County Circuit Court.

The chart below summarizes the steps in the appeals process. Please pay particular attention to the number of days specified for each type of appeal- FILING YOUR APPEAL ON TIME IS ESSENTIAL FOR PROTECTING YOUR APPEAL RIGHTS. Remember that appeals from claims must be filed from the very first notice you receive.

 

YOUR RIGHTS OF PROTEST AND APPEAL
BENEFIT TAX
Employer’s Notice of Initial claim
(UI-412A) *Return within 10 days of mailing date*
Notice of Tax Determination (Liability, Tax Rate, Assessment, Employer-Employee Relationship,etc.)
Notice of Potential Benefit Charges (UI-412) *Return within 15 days of mailing date* Appeal to UI Commission: send letter stating intent to appeal *File witnin 20 days of mailing date of Tax Determination

Notice of Adjusted Determination (UI-492) Appeal to Referee *File within 15 days of mailing date of
determination*

Commission Order Appeal to Franklin County Circuit Court *File within 20 days of mailing date of UI Commission Order*

Referee’s Decision Appeal to UI Commission: send letter stating intent to appeal *File within 15 days of mailing dateof Referee Decision*
Commission Order Appeal to Circuit Court: in county where claimant was employed *File within 20 days of mailing date of UI Commission Order*

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