Hearings shall be conducted by telephone unless the unusual circumstances of a particular case make it impractical to conduct the hearing by telephone. Examples of such cases are:

1. When a participant requires a sign interpreter or reader and one is not available to be with the participant at the time of the hearing;
2. When the number of participants is so large that placing telephone calls to that many locations cannot be accomplished expediently;
3. When a videotape or other visual medium is significant evidence to be presented at the hearing and all parties to the hearing do not have the equipment necessary to view the evidence prior to the hearing;
4. When there is physical evidence that cannot be copied or photographed and provided to the other party; or
5. Other factors which would make a telephone hearing impractical.

All requests for in person hearings must be made to the Appeals Office at least 10 days before the scheduled telephone hearing. All decisions regarding whether an in person hearing will be scheduled will be made by the Appeals Office. If an in person hearing request is approved, the in person hearing will be scheduled for the Office of the Minnesota Department of Employment and Economic Development in downtown St. Paul unless the party requesting the in person hearing resides or is located outside the Twin Cities metropolitan area and a convenient hearing location can be arranged for without undue expense.

In all situations where an in person hearing is approved, except when the reason for the request is the playing of a videotape or other visual medium, the party that did not request the in person hearing may choose to participate by telephone. Witnesses may testify by telephone if authorized by the Appeals Office.