Appeals for Employers

Appealing Claimant Eligibility

To appeal a decision, follow the steps below.

Protect your rights, file Appeals within established time frames

A “Notice of Agency Determination” (Form DWS-ARK-578) will be issued stating whether a former employee is eligible for unemployment benefits, the applicable section of Law under which the determination is made, and a statement showing the facts which were considered in adjudicating the issue. Instructions for filing an appeal are also on the determination notice.

Both the employer and the claimant have the right to appeal an adverse determination. The appeal must be filed within twenty days after the date the determination was mailed. If no appeal is filed the determination becomes final.

Appeals of the Notice of Agency Determination may be mailed to:

Arkansas Appeal Tribunal
PO Box 8013
Little Rock, AR 72203

Appeals of the Notice of Agency Determination may also be dropped off at a local office or faxed to (501) 682-7734.

If mailed, an appeal will be considered to have been filed as of the date of the postmark on the envelope. If filing directly to the Tribunal, please include a copy of the “Notice of Agency Determination” (Form DWS-ARK-578) along with written request for appeal.

Hearing officers at the Tribunal conduct hearings via telephone. The claimant and all affected employers are notified of the hearing and are expected to participate. These hearings investigate specific issues surrounding a claim and the resulting decision will be made as though no previous determination had been issued.

The nature of these appeal hearings makes it vital that employers participate if the Tribunal is to make a correct decision. Because testimony is taken under oath at the hearing, information previously provided to the Arkansas Reemployment Division does not carry the same weight as the information presented at the Tribunal hearing. Employers having information about the claimant’s eligibility are strongly encouraged to attend these hearings, not only to assist in paying benefits properly, but also to protect the employer’s interests. Witnesses and representatives for the employer should be
individuals with firsthand knowledge of the events surrounding the issue on appeal.

All decisions rendered by the Appeal Tribunal are made in writing and copies sent to all interested parties. If any party disagrees with the decision, an appeal may be made to the Board of Review.

Appeals to the Board must be made within twenty calendar days after the date the Tribunal decision is mailed. Instructions for filing an appeal to the Board accompany each Tribunal decision.

A decision rendered by the Board of Review will become final within thirty calendar days after the date the decision is mailed, unless a petition for review is filed in the Arkansas Court of Appeals.

1. Gather the information you will need

Include this information with your appeal:

• Claimant Name
• Social Security number or Claim ID number

2. Prepare Your Documents

Appeals can be sent in any format, however it’s recommended that you utilize the eligibility decision.

3. Submit Your Appeal

You can appeal a decision by mail, fax or in person. Choose the method that works best for you.

Appealing Liability Determination

Whenever a determination is made that affects an account’s tax liability, a written determination is mailed. Each determination provides separate appeal rights.

If an employer disagrees with a determination of liability it must notify the Division (Employer Accounts Services) within twenty (20) days of the mailing date of the notification of liability or an account will be established and number assigned. The account number will consist of nine digits and it is imperative that the number is included on all reports, remittances and other correspondence to ensure reference to the correct account.

If there is a disagreement with the liability determination and the employer decides to appeal, quarterly reports must be filed and all contributions, penalty, and interest due must be paid during the appeal process.

1. Prepare Your Documents

When submitting the request, you will need to:

• Write a letter indicating your desire to appeal the decision
• Include a copy of the Notice Agency Determination or decision from appellate body.
• Mail these documents to the appellate body within the timeframe indicated in the decision letter.

It is extremely important to submit any appeal within the time frame indicated. Read each determination carefully to determine how to appeal and the deadline for filing the appeal

2. Submit Your Appeal

You can appeal a decision by mail, fax or in person. Choose the method that works best for you.

Filing Deadlines

You have thirty (30) days from the mailing date of the decision letter, known as the Notice of Agency Determination, to submit your appeal to the Appeal Tribunal. If no appeal is filed, the determination becomes final.

After You File the Appeal

Once you have filed your appeal on time with the Board of Review, you can expect the following:

• You will be sent a notice giving the docket number.
• You and the claimant will receive a Notice of Telephone Hearing. Both parties will attend this hearing and give additional testimony to a hearing officer.
• If you or the claimant do not attend, the hearing officer will make a decision based on the facts available.

After the Board of Review issues its decision, the Appeal Tribunal will review the case. This includes the initial determination, the Appeal Tribunal’s decision, and any related documents. The Board may also schedule a hearing before making its decision.

If You File Your Appeal Late

If you submit your appeal after the deadline, you must explain the reason for the delay. The appeals board will review your explanation to decide whether it qualifies as “good cause” for filing late.

If the board finds good cause, they will schedule a new hearing date for your case.