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The claimant and the employer may be represented by attorneys or other duly authorized agents of their own choosing, but this is not required. The referee will assist both parties at all times to bring out facts that will be helpful in properly presenting their cases.
An officer who regularly performs in a managerial capacity for a corporation or partnership who is a party to an appeal may represent the corporation or partnership at the hearing. He may testify, ask questions to all witnesses, object, make motions, inspect exhibits and summarize his case.
The claimant or employer should bring all reports and records that might prove his case, such as records of absences, doctor's statements, information concerning pay rate, previous warnings, etc. Witnesses should be prepared to answer all questions. Subpoenas for witnesses or records may be issued prior to the hearings, if necessary. Requests for subpoenas must be sworn statements setting forth the name and address of the party to be subpoenaed, the information the party may present at the hearing, and the need for the information.
Each party has these rights:
| 1. |
To testify in his own behalf. |
| 2. |
To be represented by an individual of his own choosing. |
| 3. |
To present documents and records regarding the case. |
| 4. |
To have his own witnesses testify. |
| 5. |
To question opposing parties and witnesses. |
| 6. |
To explain or rebut evidence against him. |
| 7. |
To make a statement at the end of the hearing as to how the evidence and the law supports his position. |
The referee has the sole authority for the conduct of the hearing and will swear in all parties and witnesses before they begin to give testimony. In conducting the hearing, the appeals referee will:
| 1. |
Explain the issues and the meaning of terms the parties do not understand. |
| 2. |
Explain the order in which persons will testify.
(As a general rule, in voluntary quit cases the claimant testifies first. When the case concerns the discharge of a claimant or a labor dispute, the employer generally testifies first.)
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| 3. |
Assist parties in asking questions of other witnesses. |
| 4. |
Question parties and witnesses to obtain necessary facts. |
| 5. |
Determine on his own motion or the request of a party whether testimony and documents being offered should be received and considered. |
| 6. |
Require parties to give a proper background or foundation for secondary evidence, documents and opinion testimony. |
Following the close of the hearing, the referee is not allowed to discuss any matter with either party. The decision is based solely on information presented at the hearing.
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