A party may appeal from an adverse determination by an adjudicator to an Unemployment Law Judge. Minnesota Statute, Section 268.103, allows appeals to be made electronically using the Minnesota Unemployment Insurance Self-Service System, by Fax or by Mail.

Self-Service online System

Applicants:

Step-by-step instructions to file an appeal using the Applicant Self-Service online System:

1. After logging in to your account, on My Home Page, select View and Maintain My Account.
2. Click on Determination and Issue Summary.
3. Under the heading ‘Determination of Eligibility and Decisions’, click on the Issue Identification Number of the determination that makes you ineligible.
4. Under the heading ‘Determination of Eligibility’, next to the appeal by date, click on File.

Employers:

Step-by-step instructions to file an appeal using the Employer Self-Service online System:

1. After logging in to your account, on My Home Page, select Determination and Issue Summary.
2. Find the Determination of Eligibility for the applicant you want to appeal, click on the Applicant’s SSN.
3. Under ‘Determination of Eligibility Detail’, next to the appeal by date, click File an Appeal.
4. File an Appeal screen displays. Follow the instructions on this page.

Fax or Mail

FAX: 651-205-4007
MAIL: P.O. Box 75576, St. Paul, MN 55175-0576

NOTE: When appealing by fax or mail, the appeal to a determination must:

• Indicate the party is appealing.
• State the reason for the appeal.
• Include Issue ID.
• Include Social Security number.

An appeal to a determination of an adjudicator results in a hearing conducted by an Unemployment Law Judge. Only employees of the department who are attorneys shall serve as Unemployment Law Judges. The law, Minnesota Statute Section 268.105, subd. 1, provides:

Subdivision 1. Evidentiary hearing by an unemployment law judge.

(a) Upon a timely appeal having been filed, the department must send, by mail or electronic transmission, a notice of appeal to all involved parties that an appeal has been filed, that a de novo due process evidentiary hearing will be scheduled, and that the parties have certain rights and responsibilities regarding the hearing. The department shall set a time and place for a de novo due process evidentiary hearing and send notice to any involved applicant and any involved employer, by mail or electronic transmission, not less than ten calendar days before to the date of the hearing.

(b) The evidentiary hearing is conducted by an unemployment law judge without regard to any burden of proof as an evidence gathering inquiry and not an adversarial proceeding. The unemployment law judge must ensure that all relevant facts are clearly and fully developed. The department may adopt rules on evidentiary hearings. The rules need not conform to common law or statutory rules of evidence and other technical rules of procedure. The department has discretion regarding the method by which the evidentiary hearing is conducted. A report of any employee of the department, except a determination, made in the regular course of the employee's duties, is competent evidence of the facts contained in it.

(c) After the conclusion of the hearing, upon the evidence obtained, the unemployment law judge must make findings of fact and decision and send those, by mail or electronic transmission, to all involved parties. When the credibility of an involved party or witness testifying in an evidentiary hearing has a significant effect on the outcome of a decision, the unemployment law judge must set out the reason for crediting or discrediting that testimony. The unemployment law judge's decision is final unless a request for reconsideration is filed pursuant to subdivision 2.

(d) Regardless of paragraph (c), if the appealing party fails to participate in the evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal by summary order. By failing to participate, the appealing party is considered to have failed to exhaust available administrative remedies unless the appealing party files a request for reconsideration under subdivision 2 and establishes good cause for failing to participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission of a written statement does not constitute participation. The applicant must participate personally and appearance solely by a representative does not constitute participation.

(e) Only employees of the department who are attorneys licensed to practice law in Minnesota may serve as unemployment law judges. The commissioner may transfer to another unemployment law judge any proceedings pending before an unemployment law judge.