Unemployment Insurance Benefits Appeal — Arizona

Unemployment Insurance Benefits Appeal (ARIZONA)

Quick-Reference Summary

Part A — Notice of Appeal (Initial Determination)

[DATE: __/__/____]

Via CACTUS Online Portal (preferred) OR Fax to [FAX FROM DETERMINATION] OR U.S. Mail (Certified, Return Receipt Requested — Article No. [________________]) to address printed on Determination

RE: Request for Reconsideration / Appeal — A.R.S. § 23-671; UIB-0126A

Dear Office of Appeals:

Pursuant to A.R.S. § 23-671 and Ariz. Admin. Code R6-3-1502, the undersigned claimant hereby appeals the Determination identified above and requests a telephonic hearing before the Appeal Tribunal. A copy of the Determination being appealed is attached.

This appeal is timely: it is filed within fifteen (15) calendar days of the mailing date of the Determination.

Reason I Disagree with the Determination:

1. [____________________________________________________________]
2. [____________________________________________________________]
3. [____________________________________________________________]

If filed late — Limited Grounds (only if applicable):

This appeal is filed [____] days after the 15-day deadline. The late filing is permitted because:

☐ Departmental error by DES.
☐ Misinformation provided by DES to the claimant.
☐ Failure by the U.S. Postal Service to properly deliver the Determination.

Explanation and supporting documents: [____________________________________________________________]

Hearing Logistics:

Signature (required by DES — appeal will not be processed without signature):

______________________________
[CLAIMANT NAME]
Date: [__/__/____]

I will continue to file weekly claims through CACTUS while this appeal is pending to preserve back benefits.

Part B — Pre-Hearing Brief / Position Statement

BEFORE THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY
OFFICE OF APPEALS — APPEAL TRIBUNAL

Appeal No.: [________________]
Hearing Date: [__/__/____] at [____] [AM/PM]

I. Statement of the Case

This appeal arises from the Determination of [Eligibility / Overpayment] dated [__/__/____], finding Claimant disqualified under [A.R.S. § 23-775(__)]. For the reasons below, the Appeal Tribunal should reverse.

II. Statement of Facts

1. Employment: [EMPLOYER], [JOB TITLE], from [__/__/____] to [__/__/____].
2. Average weekly wage: $[________].
3. Reason for separation as stated by employer: [_____________________].
4. Reason for separation as stated by claimant: [_____________________].
5. [ADDITIONAL FACTS]

III. Legal Standard

IV. Argument

A. [PRIMARY POSITION]

[Argument applying facts to law with citations to A.R.S., A.A.C., and Arizona Court of Appeals UI decisions.]

B. [SECONDARY POSITION]

[Argument.]

V. Exhibit List

NOTE: Send exhibits to the Office of Appeals and to the employer at least 5 business days before the hearing (or as the Notice of Hearing directs).

VI. Conclusion

The Appeal Tribunal should reverse the Determination and find Claimant eligible for benefits effective [__/__/____].

Respectfully submitted,

______________________________
[CLAIMANT NAME or COUNSEL]
Date: [__/__/____]

Part C — Hearing Preparation Checklist

Immediately upon receiving Determination

☐ Calendar 15 calendar days from the mailing date — do not wait.
☐ File appeal today via CACTUS, fax, mail, or in person at an Employment Service Office.
☐ Sign the appeal (DES will not accept unsigned).
☐ Attach a copy of the Determination being appealed.
☐ Continue filing weekly claims through CACTUS.

Within 7 days after filing

☐ Confirm DES received the appeal (CACTUS dashboard or call number on Determination).
☐ Contact a legal aid organization (Community Legal Services, Southern Arizona Legal Aid, DNA-People's Legal Services, ASU Civil Litigation Clinic) early if you want representation.
☐ Begin gathering exhibits; identify witnesses.

Upon receipt of Notice of Hearing

☐ Verify date, time, and the issues listed.
☐ Mail/fax exhibits to the Office of Appeals and to the employer/representative at least 5 business days before hearing.
☐ Request subpoena through Office of Appeals if needed.
☐ Request continuance in writing as early as possible.
☐ Request interpreter or ADA accommodation in advance.

Day before / day of hearing

☐ Quiet, private location; phone charged.
☐ Exhibits organized; witnesses on standby.
☐ Be ready 15 minutes early.
☐ Identify self and confirm telephone for the record.
☐ Confirm hearing is recorded.
☐ Testify chronologically; refer to exhibits by number.
☐ Cross-examine the employer through the ALJ.
☐ Closing statement tying facts to the statute.

After the hearing

☐ Continue filing weekly claims.
☐ Calendar 15 calendar days from mailing of Appeal Tribunal decision for any Petition for Review.
☐ Obtain audio recording from Office of Appeals if planning further appeal.

Part D — Appeal to Upper Authority (Appeals Board)

[DATE: __/__/____]

Via CACTUS / Mail / Fax — address and fax on Appeal Tribunal decision

PETITION FOR REVIEW
Pursuant to A.R.S. § 23-672 and A.A.C. R6-3-1504

To the Appeals Board:

Pursuant to A.R.S. § 23-672 and Ariz. Admin. Code R6-3-1504, the undersigned petitions for review of the Appeal Tribunal decision identified above. This Petition is filed within fifteen (15) calendar days of mailing.

Grounds for Review (A.A.C. R6-3-1504)

The Appeal Tribunal decision is contrary to the law, the evidence, or the public welfare, in that:

1. Misapplication of law. The ALJ misapplied [A.R.S. § 23-775(__)] to the facts; the proper standard is [____________________________________________________________].

2. Findings not supported by evidence. Finding No. [__] (that [____]) is contrary to the record. The testimony of [____] (audio recording at [____ minute mark]) and Exhibits C-[__] through C-[__] show that [____].

3. Procedural error. The ALJ [denied admission of Exhibit C-[__] / refused requested subpoena / denied opportunity to cross-examine [____]], in violation of A.A.C. R6-3-1502.

4. Additional evidence. Under A.A.C. R6-3-1504, the Appeals Board may take or order the taking of additional evidence. Claimant requests an opportunity to present [____], which was unavailable or improperly excluded at the Appeal Tribunal.

Requested Relief

☐ Reverse the Appeal Tribunal decision and award benefits effective [__/__/____].
☐ Remand to the Appeal Tribunal for additional evidence on [____].
☐ Vacate any overpayment determined under A.R.S. § 23-787.

A copy of this Petition has been sent to the employer and all other parties of record.

Signature: ______________________________
[CLAIMANT NAME or COUNSEL]
Date: [__/__/____]

Part E — Judicial Review (Arizona Court of Appeals, Division One)

Caption — Application for Appeal

IN THE ARIZONA COURT OF APPEALS, DIVISION ONE

No. 1 CA-UB [________________]

APPLICATION FOR APPEAL
(A.R.S. § 41-1993; A.R.S. § 23-672(K))

Appellant [CLAIMANT NAME], pursuant to A.R.S. § 41-1993 and A.R.S. § 23-672(K), hereby applies for appeal of the final decision of the Arizona Department of Economic Security, Unemployment Insurance Appeals Board, and states:

1. Parties. Appellant is the claimant. Appellee DES administered the underlying determination and appeals. Appellee [EMPLOYER] was Appellant's former employer.

2. Decision Below. Appeals Board decision in case No. [________________], mailed [__/__/____], affirming/modifying the Appeal Tribunal decision dated [__/__/____].

3. Timeliness. This Application for Appeal is filed within 30 days of the Appeals Board decision under A.A.C. R6-3-1404.

4. Standard of Review. The Court of Appeals reviews questions of law de novo and findings of fact for whether they are supported by reasonable evidence in the record. Munguia v. DES, 159 Ariz. 157 (App. 1988).

5. Issues for Review.
   a. Whether the Appeals Board misapplied A.R.S. § 23-775([__]) to the undisputed facts.
   b. Whether the Appeals Board's findings of fact are supported by reasonable evidence in the record as a whole.
   c. Whether the appeals process below denied Appellant due process under the U.S. and Arizona Constitutions.

6. Relief Requested.
   a. Reverse the Appeals Board decision.
   b. Order DES to find Appellant eligible from [__/__/____] and pay all back benefits.
   c. Vacate any overpayment.

Respectfully submitted,

______________________________
[CLAIMANT NAME / COUNSEL — Bar No. [____]]
Date: [__/__/____]

Filing Checklist

Further Review

Petition for review to the Arizona Supreme Court under Ariz. R. Civ. App. P. 23 (30 days from Court of Appeals decision).

Sources and References

• DES — Unemployment Insurance Benefits Appeals: https://des.az.gov/services/employment/unemployment-individual/unemployment-insurance-benefits-appeals
• DES — Request for Reconsideration/Appeal (UIB-0126A): https://des.az.gov/sites/default/files/dl/UIB-0126A.pdf
• DES — CACTUS Claimant Portal: https://uibenefits.az.gov/
• Arizona Court of Appeals, Division One — Self-Help Guide: https://coa1.azcourts.gov/Portals/1/89/Self%20Represented%20Guides/Unemployment%20Benefits%20Appeals%20-%20Appellee.pdf
• A.R.S. Title 23: https://www.azleg.gov/arsDetail/?title=23
• Ariz. Admin. Code Title 6, Chapter 3: https://www.azsos.gov/public_services/Title_06/6-03.htm
• Univ. of Arizona Law Library — UI Law Research Guide: https://lawlibrary.arizona.edu/unemployment-insurance-law
• Beaman v. Hayes, 196 Ariz. 559 (App. 2000)
• Munguia v. DES, 159 Ariz. 157 (App. 1988)
• USDOL — State Law Provisions Concerning Appeals: https://oui.doleta.gov/unemploy/pdf/appeals.html