Different contributor here. The previous contributor (ScottyMacEsq) has decided to reopen this question. Please permit me to provide further assistance.
If you believe you were denied a fair hearing in the first instance, your next step is to appeal the deputy's determination. It's not clear to me from your statement of facts whether or not the deputy has actually issued a decision at this point in time. If not, then you cannot appeal until you receive the decision.
After you file your appeal, you can subpoena whatever documents you may require from the employer. Only the hearings officer/deputy can issue a subpoena for witnesses or documents. You must contact the clerk's office in writing to request a subpoena. I do not have the clerk's office address available at this time. However, you can contact the clerk at(###) ###-#### ***** obtain this information.
Your written request must explain why:
(1) the testimony of the witness of the evidence contained in the documents would be relevant to the appeal;
(2) the evidence sought to be produced would not be merely cumulative; and
(3) it would serve the interest of the party seeking the subpoena.
The law describes the above three factors as optional. In reality, they are mandatory. If you cannot provide a credible explanation for each factor, then your request for a subpoena will be denied.
I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.
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