Summary of Issue: Comments On Conduct Of Hearing


Decision 53172 Full Text of Decision 53172

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction comments on conduct of hearing
Summary:

BOR members must refrain from constant interruption, questioning rationale of claimants, attempting to substitute their judgment for that of claimants. Their function is to hear both sides and determine issues. Members are permitted to ask questions to clarify issues. Board members should not embark in vexatious arguments with parties. Arguments which take place after the hearing is terminated are also both improper and unacceptable.


Decision 25678 Full Text of Decision 25678

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction comments on conduct of hearing
Summary:

Members of a panel of a Board may ask questions to clear up issues on ambiguous matters, explore matters left vague or bring out relevant matters omitted. Here the Chair seemed more intent on explaining why claimant could not succeed than on establishing a factual record for evaluation.


Decision 22082 Full Text of Decision 22082

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction comments on conduct of hearing
Summary:

Commission counsel sought to file a statement of the Board on the conduct of the hearing, prepared after the fact at the instance of the Commission, to counter claimant's allegations. I refused to permit the introduction on this statement: it was self-serving and new evidence.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct unexcused absences from work
board of referees natural justice free of bias
board of referees errors in law statement of facts required
board of referees statement of facts as a requirement

Decision 14833 Full Text of Decision 14833

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction comments on conduct of hearing
Summary:

Claimant says he was not given a fair hearing. Board members have written letters and had them placed on file, contending this is not so. Not proper to seek such letters which are bound to be self-serving. They may create impression of unfairness, 3 against claimant.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees observations from the Commission
board of referees right to be heard improper hearing
voluntarily leaving employment applicability tantamount to dismissal
board of referees weight of statements credibility
Date modified: