Special Hearings - Texas Payday Law Hearings

Purpose of the Hearing: This Payday Law hearing is being held to give both the claimant and the employer a full and fair opportunity to present information about the wage claim determination that has been appealed. As soon as possible after the hearing, a written decision will be mailed to both sides. The hearing officer's decision will be based only on the relevant evidence - testimony, witnesses, and documents - given at the hearing. These instructions will help you understand the hearing process so that you can do your best at the hearing. Hearings are tape recorded and are under oath or affirmation.

Law and Procedures. The hearing officer will briefly explain the law and the hearing procedures before the hearing begins, and will then give each side a chance to ask questions.

In fairness to the other side, you will not be permitted to talk privately with the hearing officer about your case before the hearing or while a decision is pending. Rather, you should talk to the hearing officer during the hearing, when both sides can participate.

Payday Law. The Texas Payday Law, Labor Code, Title 2, Chapter 61, Vernon's Texas Code Annotated, is available from the Special Hearings Department or the local TWC office. It may also be viewed online at http://www.statutes.legis.state.tx.us/ViewChapter.aspx?key=18

Telephone Hearing: Payday Law hearings are ordinarily conducted by telephone. Select a quiet location to call from. If you are calling from a public pay phone, check to be sure that the telephone you are using can receive incoming calls: many public phones cannot.

Telephone Call-In Instructions: The date and time for the hearing is shown on the Notice of Hearing. On the scheduled day and time, you should place a toll-free call to the Special Hearings Department at the telephone number given on the Notice of Hearing.

Call promptly at the time scheduled; if you do not, you may be excluded from the hearing, and the decision may be against you.

Give your phone number. When you call, tell the clerk the telephone number that you are calling from. As soon as all telephone numbers are received the hearing officer will call you back at that telephone number to establish a telephone conference call. The hearing officer will then ask for the telephone numbers where your witnesses and representative, if any, can be reached.

Allow enough time. How long the hearing takes depends on many things, including the number of witnesses, documents, and issues in the case. Be sure to set aside enough time for the hearing.

Usually, hearings take from one hour to four hours to complete.

Interpreter: If you or one of your witnesses does not speak English, an interpreter will be provided for you by the Texas Workforce Commission. If you need an interpreter, you must request one in writing from the Special Hearings Department immediately after you receive the hearing notice letter. Indicate the required language. Send the letter by mail or fax, as explained in Item 15 at the end of these instructions.

Representative: The hearing officer will help the parties to develop the facts in the case. You do not need to have an attorney or someone else represent you at the hearing. However, you may have an attorney or another person represent you, at your own expense.

Witnesses: You may have witnesses who can testify about your case by telephone. If so, you (or your representative) can ask your witness questions and the other side can ask questions also. Select your witnesses with care. Needlessly repetitive testimony or documents will be excluded, so select witnesses who can give direct, firsthand testimony in your case. Arrange to have your witnesses available throughout the hearing.

Documents: Documents, such as a copy of any written agreement, company policy, check stubs, earning statements, or time records, if available, may help you win your case. Documents and copies must be readable, and should, if mailed, be sent CERTIFIED MAIL/RETURN RECEIPT. Save the receipt, this is your evidence of proper mailing. Also, check your mail regularly for documents sent by the other side.

Send copy to hearing officer: You must promptly mail or fax a copy of every document you want to present in the hearing to the hearing officer before the hearing. Send the documents by mail or fax as explained in item 15.

Keep one copy of each document for yourself, and have it with you during the hearing.

Send to the other side: Promptly mail or deliver the same documents you send to the hearing officer to the other side at that party's address, as shown on the hearing notice letter. The other side must receive the copies before the hearing date.

Written affidavits: An "affidavit" is a sworn written statement of facts made by a witness who is unable to give live testimony during the hearing. However, sworn written affidavits cannot be given as much weight as live testimony, so it is better to have your witness testify in the hearing by telephone. A written statement (affidavit) should be sworn to before a notary public. It must be mailed or faxed to the hearing officer and to the other party before the hearing, as required of all documents. Send the affidavit by mail or fax as explained in Item 15 at the end of these instructions.

Subpoenas: A "subpoena" is a legal document issued by the Special Hearings Department to make a witness participate in the hearing or to make someone produce certain documents necessary for the hearing. Subpoenas may take a week or more - make the request promptly.

Special Hearings will only issue a subpoena if a party makes a prompt request in writing before the hearing, and gives a good reason it is necessary. Immediately mail or fax your letter requesting a subpoena, and giving the reasons, to the Special Hearings Department as explained in the Item 15 below. Overly broad subpoena requests will not be granted.

Postponements: It is important that you call in on the date and time scheduled for your hearing, to avoid unnecessary delay in processing the appeal. A hearing can be postponed or rescheduled only for compelling and unavoidable reasons. A request for postponement must be in writing and must set forth the reason for the request. Postponement requests should be mailed or faxed immediately to the Special Hearings Department as explained in Item 15 below. Include a telephone number where you can be reached. The hearing officer will notify both sides in writing or by telephone if the postponement request has been granted. Absent such notice, the hearing will be held as scheduled.

Request to Reopen the Hearing: You must make every effort to participate in the scheduled hearing. If you are unable to call the Special Hearings Department at the date and time scheduled, notify the Special Hearings Department as explained in Postponement above.

Commission Rule 16 (40 TAC 815.16) allows you to request a reopened hearing. A reopened hearing is allowed only if:

Requests to reopen must be in writing and must be filed within FOURTEEN (14) days after the decision is mailed. Mail or fax the reopen request letter to the Special Hearings Department as explained in Item 15 below.

Withdrawal of the Appeal: Only the party who filed the appeal may withdraw the appeal. This party is identified on the hearing notice letter. If you withdraw, the hearing will be canceled and a decision issued, leaving the Payday Law determination in effect.

To request a withdrawal, the withdrawing party must promptly mail or fax a written withdrawal request to the Special Hearings Department as explained in Item 15 below.

Settlement: If the claimant and the employer together agree to settle the case, the hearing officer may dismiss it. A signed written settlement letter should be mailed or faxed to the Special Hearings Department immediately, as explained in Item 15 below.

The settlement letter should state that the case has been settled, and that both sides agree that the wage claim filed with the Texas Workforce Commission can be dismissed. Both parties must sign the letter. A dismissal decision will then be mailed to the parties.

Questions: Please do not telephone the Special Hearings Department with your questions. Carefully review these instructions, the Texas Payday Law, and the hearing notice letter. Then, if you have questions about the hearing, you may send a letter with your questions to the Special Hearings Department. Send the letter as explained in Item 15 below.

Mail or Fax Instructions: Letters or documents may be faxed to the Special Hearings Department at:

FAX (512) 472-9578

Special Hearings cannot accept more than ten (10) pages by fax machine. Letters or documents may be mailed to the Special Hearings Department at the following address:

Attention: (Name of Hearing Officer)
Special Hearings Department
Texas Workforce Commission
101 East 15th Street
Austin, TX 78778-0001

Important: Your letter, or documents, whether sent by mail or fax, also must include the claimant's name (and Social Security number, if available); the name of the Hearing Officer assigned to your case; and the appeal number as it appears on the notice.

If you did not appear and offer evidence at the hearing before the Hearing Officer, you disagree with this decision, and you have good cause for your non-appearance, you may request a reopened hearing. You may file a request for a reopened hearing by writing directly to the Special Hearings Department, Texas Workforce Commission, 101 E. 15th St., Austin, TX 78778, or by fax to (512) 472-9578. Your request must give the reasons why you were not able to appear and must be postmarked, faxed, or filed in person within fourteen (14) calendar days from the date this decision was mailed to you. Please include in your request the claimant's name and Social Security number, the Payday Law appeal number, the hearing officer's name, and the date the decision was mailed.

The Texas Labor Code, Title II, Chapter 61, Sec. 61.0612, states, in part, that the Commission may permit any of the parties affected by the order to initiate a further appeal before the Commission. An Appeal to the Commission may be filed by writing directly to Commission Appeals, Texas Workforce Commission, Rm. 678, 101 E. 15th St., Austin, TX 78778 or by fax to (512) 475-2044. Please include in your request the claimant's name and Social Security number, the Payday Law appeal number, the hearing officer's name, and the date the decision was mailed. Your appeal must be postmarked, faxed, or filed in person within fourteen (14) calendar days from the date the decision was mailed.

If the fourteenth day from the decision mailing date falls on a Texas state holiday or federal holiday, the time limit for filing a request for an appeal to the Commission or a reopened hearing will be extended through the next business day. Any appeal or request for a new hearing made before the date this decision was mailed will not be treated as a proper and timely request. If you file your appeal by fax, then the appeal date shall be the date and time the appeal is received by the Agency.

If you did not appear and offer evidence at the hearing before the Hearing Officer, you disagree with this decision, and you have good cause for your non-appearance, you may request a reopened hearing. You may file a request for a reopened hearing by writing directly to the Special Hearings Department, Texas Workforce Commission, 101 E. 15th St., Austin, TX 78778, or by fax to (512) 472-9578. Your request must give the reasons why you were not able to appear and must be postmarked, faxed, or filed in person within fourteen (14) calendar days from the date this decision was mailed to you. Please include in your request the claimant's name and Social Security number, the Payday Law appeal number, the hearing officer's name, and the date the decision was mailed.

The Texas Labor Code, Title II, Chapter 61, Sec. 61.061, states, in part:

The order of the Commission shall become final 14 days after the mailing thereof, unless within the 14 days, the hearing is reopened by Commission order or a party to the appeal files a written Motion for Rehearing.

A Motion for Rehearing may be filed by writing directly to Special Hearings Department, Texas Workforce Commission, 101 E. 15th St., Austin, TX 78778-0001. The Motion for Rehearing will not be granted unless all of the following three criteria are met: (1) There must be an offering of new evidence which was unavailable at the initial hearing; (2) there must be a compelling reason why the evidence was not presented earlier; and (3) there must be a specific explanation of how consideration of the evidence would change the outcome of the case. Your request for a hearing will be denied unless you can show substantial reasons for the Commission to grant the rehearing. In addition to the three criteria, please include in your request the claimant's name and Social Security number, the Payday Law appeal number, the hearing officer's name, and the date the decision was mailed.

If the fourteenth day from the decision mailing date falls on a Texas state holiday or federal holiday, the time limit for filing a request for an appeal to the Commission or a reopened hearing will be extended through the next business day. Any appeal or request for a new hearing made before the date this decision was mailed will not be treated as a proper and timely request. If you file your appeal by fax, then the appeal date shall be the date and time the appeal is received by the Agency.

The Texas Labor Code, Title II, Chapter 61, Sec. 61.062, further states:
A party may bring an action in a court of competent jurisdiction to appeal the final order, if the party's administrative remedies under this article have been exhausted. The action must be filed not later than the 30th day after the date the final order was mailed. In the action, the Commission and any other party to the proceeding before the Commission shall be made defendants. The action shall be brought in the county of the claimant's residence, provided that if the claimant is a nonresident of the State of Texas, the action shall be brought in the county in Texas in which the employer's principal place of business is located. An appeal under this section shall be by trial de novo. The substantial evidence standard as applied to an appeal from a final decision under Subtitle A, Title 4 [Texas Unemployment Compensation Act], shall be the standard for review.