Rehearing Request

Who May File

Either the claimant or the County has the right to request a rehearing on any decision issued. The State is not required to grant the request and frequently does not.

EW Request

If a EW believes that a rehearing request is appropriate, this information must be forwarded to the Appeals Unit in a memo. EWs must be aware that:

• Compliance with the original decision is still required.
• Rehearings may be meaningless for certain issues because of the required compliance. This should be kept in mind when considering whether to make a request.
• Rehearing requests are granted only in cases where there is new evidence that was not available at the time of the original hearing, or where the judge made a factual error.
• Findings of fact within a decision are not subject to rehearing unless it can be shown that the judge abused his/her discretion in coming to that conclusion. It is exceedingly rare that such rehearing requests are granted.

Related Topics

General Information - Background