A telephone hearing at which all parties, witnesses, representatives and attorneys testify via telephone may be conducted at the initiation of the Appeal Tribunal or upon request of an interested party with the consent of the Appeal Tribunal. The Appeal Tribunal, in its discretion, may schedule a telephone hearing.

If an individual is unable to appear in person, the individual may give testimony by telephone which can be granted at the discretion of the appeals examiner. Any party may object to telephone testimony. If a party objects to a telephone hearing, he/she must make the objection immediately upon receipt of the notice or request for telephone hearing. The objection and its supporting reasoning should be in writing and received by the Appeal Tribunal reasonably in advance of the time scheduled for a telephone hearing. If the Appeal Tribunal accepts a party’s objections to a telephone hearing, an in-person hearing will be scheduled.

The Appeal Tribunal may deny a party’s objection to a telephone hearing if it determines at least one of the following has occurred:

(1) The objecting party’s intent is to purposely inconvenience the other party or delay the proceeding;

(2) A party or witness is more than 50 miles away;

(3) A person is unable to appear in person because of physical, medical or other compelling reason; or

(4) Good cause exists to order a telephone hearing notwithstanding the party's objection.