Bill Text: CA SB1314 | 2013-2014 | Regular Session | Chaptered
Bill Title: Unemployment insurance benefits: determination: appeals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-17 - Chaptered by Secretary of State. Chapter 399, Statutes of 2014. [SB1314 Detail]
Download: California-2013-SB1314-Chaptered.html
BILL NUMBER: SB 1314 CHAPTERED
BILL TEXT
CHAPTER 399
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2014
APPROVED BY GOVERNOR SEPTEMBER 17, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 20, 2014
AMENDED IN ASSEMBLY JUNE 19, 2014
AMENDED IN ASSEMBLY JUNE 4, 2014
AMENDED IN SENATE MAY 7, 2014
INTRODUCED BY Senator Monning
FEBRUARY 21, 2014
An act to amend, repeal, and add Sections 1030, 1032.5, 1328,
1330, 1332, 1334, 1377, 3654.4, 3655, 3656, 3701, 4655, 4656, and
4701 of the Unemployment Insurance Code, relating to unemployment
insurance.
LEGISLATIVE COUNSEL'S DIGEST
SB 1314, Monning. Unemployment insurance benefits: determination:
appeals.
(1) Existing law requires the Employment Development Department to
pay unemployment compensation benefits to eligible claimants.
Existing law requires the department to make a prompt notification of
various rulings, determinations, and computations, including a
notification to an employer of a department ruling or determination
as to the cause of a claimant's termination of employment, and a
notification to a claimant of the determination of the claimant's
eligibility for benefits, as specified. Existing law authorizes
reconsideration of a determination of eligibility within 20 days
after mailing a notice of a determination. Existing law also
authorizes an appeal from a ruling, determination, or computation
within 20 days of a notice, as specified, and authorizes an extension
of this deadline for good cause.
This bill would extend the deadline for a reconsideration or for
an appeal of the above-described rulings, determinations, and
computations to 30 days, on or after July 1, 2015.
(2) Existing law requires an administrative law judge to affirm,
reverse, modify, or set aside an appeal of a determination of
eligibility for benefits and requires the administrative law judge to
notify certain parties of the decision, as specified. This decision
becomes final unless a further appeal is initiated to the California
Unemployment Insurance Appeals Board within 20 days, as specified.
This bill would, on and after July 1, 2015, extend the deadline
for appeal to the board to 30 days.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1030 of the Unemployment Insurance Code is
amended to read:
1030. (a) An employer that is entitled under Section 1327 to
receive notice of the filing of a new or additional claim may, within
10 days after mailing of the notice, submit to the department any
facts within its possession disclosing whether the claimant left the
employer's employ voluntarily and without good cause or left under
one of the following circumstances:
(1) The claimant was discharged from the employment for misconduct
connected with his or her work.
(2) The claimant's discharge or quitting from his or her most
recent employer was the result of an irresistible compulsion to use
or consume intoxicants including alcoholic beverages.
(3) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
(4) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to a place or to join him or her at a
place from which it is impractical to commute to the employment, and
to which a transfer of the claimant by the employer is not available.
(5) The claimant left the employer's employ to protect his or her
family or himself or herself from domestic violence abuse.
(6) The claimant left the employer's employ to take a
substantially better job.
The period during which the employer may submit these facts may be
extended by the director for good cause.
(b) A base period employer that is not entitled under Section 1327
to receive notice of the filing of a new or additional claim and is
entitled under Section 1329 to receive notice of computation may,
within 15 days after mailing of the notice of computation, submit to
the department any facts within its possession disclosing whether the
claimant left the employer's employ voluntarily and without good
cause or left under one of the following circumstances:
(1) The claimant was discharged from the employment for misconduct
connected with his or her work.
(2) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
(3) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to a place or join him or her at a
place from which it is impractical to commute to the employment, and
to which a transfer of the claimant by the employer is not available.
(4) The claimant left the employer's employ to protect his or her
family or himself or herself from domestic violence abuse.
(5) The claimant left the employer's employ to take a
substantially better job.
The period during which the employer may submit these facts may be
extended by the director for good cause.
(c) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
ruling under subdivision (b) or to a determination under Section
1328, the department shall promptly notify the employer of its ruling
as to the cause of the termination of the claimant's employment. The
employer may appeal from a ruling or reconsidered ruling to an
administrative law judge within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling. The 20-day
period may be extended for good cause, which includes, but is not
limited to, mistake, inadvertence, surprise, or excusable neglect.
The director is an interested party to an appeal. The department may
for good cause reconsider a ruling or reconsidered ruling within
either five days after the date an appeal to an administrative law
judge is filed or, if an appeal is not filed, within 20 days after
mailing or personal service of notice of the ruling or reconsidered
ruling. However, a ruling or reconsidered ruling that relates to a
determination that is reconsidered pursuant to subdivision (a) of
Section 1332 may also be reconsidered by the department within the
time provided for reconsideration of that determination.
(d) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons for the leaving, and if the employer submits all of the
facts within its possession concerning the leaving within the
applicable time period referred to in this section, the leaving is
presumed to be without good cause.
(e) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
(f) For purposes of this section "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
(g) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 2. Section 1030 is added to the Unemployment Insurance Code,
to read:
1030. (a) An employer that is entitled under Section 1327 to
receive notice of the filing of a new or additional claim may, within
10 days after mailing of the notice, submit to the department any
facts within its possession disclosing whether the claimant left the
employer's employ voluntarily and without good cause or left under
one of the following circumstances:
(1) The claimant was discharged from the employment for misconduct
connected with his or her work.
(2) The claimant's discharge or quitting from his or her most
recent employer was the result of an irresistible compulsion to use
or consume intoxicants including alcoholic beverages.
(3) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
(4) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to a place or to join him or her at a
place from which it is impractical to commute to the employment, and
to which a transfer of the claimant by the employer is not available.
(5) The claimant left the employer's employ to protect his or her
family or himself or herself from domestic violence abuse.
(6) The claimant left the employer's employ to take a
substantially better job.
The period during which the employer may submit these facts may be
extended by the director for good cause.
(b) A base period employer that is not entitled under Section 1327
to receive notice of the filing of a new or additional claim and is
entitled under Section 1329 to receive notice of computation may,
within 15 days after mailing of the notice of computation, submit to
the department any facts within its possession disclosing whether the
claimant left the employer's employ voluntarily and without good
cause or left under one of the following circumstances:
(1) The claimant was discharged from the employment for misconduct
connected with his or her work.
(2) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
(3) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to a place or join him or her at a
place from which it is impractical to commute to the employment, and
to which a transfer of the claimant by the employer is not available.
(4) The claimant left the employer's employ to protect his or her
family or himself or herself from domestic violence abuse.
(5) The claimant left the employer's employ to take a
substantially better job.
The period during which the employer may submit these facts may be
extended by the director for good cause.
(c) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
ruling under subdivision (b) or to a determination under Section
1328, the department shall promptly notify the employer of its ruling
as to the cause of the termination of the claimant's employment. The
employer may appeal from a ruling or reconsidered ruling to an
administrative law judge within 30 days after mailing or personal
service of notice of the ruling or reconsidered ruling. The 30-day
period may be extended for good cause, which includes, but is not
limited to, mistake, inadvertence, surprise, or excusable neglect.
The director is an interested party to an appeal. The department may
for good cause reconsider a ruling or reconsidered ruling within
either five days after the date an appeal to an administrative law
judge is filed or, if an appeal is not filed, within 30 days after
mailing or personal service of notice of the ruling or reconsidered
ruling. However, a ruling or reconsidered ruling that relates to a
determination that is reconsidered pursuant to subdivision (a) of
Section 1332 may also be reconsidered by the department within the
time provided for reconsideration of that determination.
(d) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons for the leaving, and if the employer submits all of the
facts within its possession concerning the leaving within the
applicable time period referred to in this section, the leaving is
presumed to be without good cause.
(e) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
(f) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
(g) This section shall become operative on July 1, 2015.
SEC. 3. Section 1032.5 of the Unemployment Insurance Code is
amended to read:
1032.5. (a) Any base period employer may, within 15 days after
mailing of a notice of computation under subdivision (a) of Section
1329, submit to the department facts within its possession disclosing
that the individual claiming benefits is rendering services for that
employer in less than full-time work, and that the individual has
continuously, commencing in or prior to the beginning of the base
period, rendered services for that employer in such less than
full-time work.
(b) The department shall consider facts submitted under
subdivision (a) of this section together with any information in its
possession and promptly notify the employer of its ruling. If the
department finds that an individual is, under Section 1252,
unemployed in any week on the basis of his or her having less than
full-time work, and that the employer submitting facts under this
section is a base period employer for whom the individual has
continuously, commencing in or prior to the beginning of the base
period, rendered services in such less than full-time work, that
employer's account shall not be charged, except as provided by
Section 1026 or if the department determines pursuant to Section
1026.1 that the employer's reserve account should not be credited,
for benefits paid the individual in any week in which such wages are
payable by that employer to the individual. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 20 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to any appeal. The department may for good cause
reconsider any ruling or reconsidered ruling within either five days
after an appeal to an administrative law judge is filed or, if no
appeal is filed, within 20 days after mailing or personal service of
the notice of the ruling or reconsidered ruling.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 4. Section 1032.5 is added to the Unemployment Insurance
Code, to read:
1032.5. (a) Any base period employer may, within 15 days after
mailing of a notice of computation under subdivision (a) of Section
1329, submit to the department facts within its possession disclosing
that the individual claiming benefits is rendering services for that
employer in less than full-time work, and that the individual has
continuously, commencing in or prior to the beginning of the base
period, rendered services for that employer in such less than
full-time work.
(b) The department shall consider facts submitted under
subdivision (a) of this section together with any information in its
possession and promptly notify the employer of its ruling. If the
department finds that an individual is, under Section 1252,
unemployed in any week on the basis of his or her having less than
full-time work, and that the employer submitting facts under this
section is a base period employer for whom the individual has
continuously, commencing in or prior to the beginning of the base
period, rendered services in such less than full-time work, that
employer's account shall not be charged, except as provided by
Section 1026 or if the department determines pursuant to Section
1026.1 that the employer's reserve account should not be credited,
for benefits paid the individual in any week in which such wages are
payable by that employer to the individual. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 30 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 30-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to any appeal. The department may for good cause
reconsider any ruling or reconsidered ruling within either five days
after an appeal to an administrative law judge is filed or, if no
appeal is filed, within 30 days after mailing or personal service of
the notice of the ruling or reconsidered ruling.
(c) This section shall become operative on July 1, 2015.
SEC. 5. Section 1328 of the Unemployment Insurance Code is amended
to read:
1328. (a) The department shall consider the facts submitted by an
employer pursuant to Section 1327 and make a determination as to the
claimant's eligibility for benefits. The department shall promptly
notify the claimant and any employer who before the determination has
submitted facts or given notice pursuant to Section 1327 or this
section and authorized regulations of the determination or
reconsidered determination and the reasons therefor. If, after notice
of a determination or reconsidered determination, the employing unit
acquires knowledge of facts that may affect the eligibility of the
claimant and those facts could not reasonably have been known within
the 10-day period provided by Section 1327, the employing unit shall
within 10 days of acquiring that knowledge submit those facts to the
department, and the 10-day period may be extended for good cause. The
claimant and the employer may appeal from a determination or
reconsidered determination to an administrative law judge within 20
days from mailing or personal service of notice of the determination
or reconsidered determination. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to any appeal.
(b) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 6. Section 1328 is added to the Unemployment Insurance Code,
to read:
1328. (a) The department shall consider the facts submitted by an
employer pursuant to Section 1327 and make a determination as to the
claimant's eligibility for benefits. The department shall promptly
notify the claimant and any employer who before the determination has
submitted facts or given notice pursuant to Section 1327 or this
section and authorized regulations of the determination or
reconsidered determination and the reasons therefor. If, after notice
of a determination or reconsidered determination, the employing unit
acquires knowledge of facts that may affect the eligibility of the
claimant and those facts could not reasonably have been known within
the 10-day period provided by Section 1327, the employing unit shall
within 10 days of acquiring that knowledge submit those facts to the
department, and the 10-day period may be extended for good cause. The
claimant and the employer may appeal from a determination or
reconsidered determination to an administrative law judge within 30
days from mailing or personal service of notice of the determination
or reconsidered determination. The 30-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to any appeal.
(b) This section shall become operative on July 1, 2015.
SEC. 7. Section 1330 of the Unemployment Insurance Code is amended
to read:
1330. (a) The claimant and any base period employer to whom a
notice of computation or recomputation is given may, within 20 days
after the mailing or personal service of the notice, protest the
accuracy of the computation or recomputation. The 20-day period may
be extended for good cause. The department shall consider this
protest and shall promptly notify the claimant and the base period
employer submitting the protest of the recomputation or denial of
recomputation. An appeal may be taken from a notice of denial of
recomputation in the manner prescribed in Section 1328. The director
shall be an interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 8. Section 1330 is added to the Unemployment Insurance Code,
to read:
1330. (a) The claimant and any base period employer to whom a
notice of computation or recomputation is given may, within 30 days
after the mailing or personal service of the notice, protest the
accuracy of the computation or recomputation. The 30-day period may
be extended for good cause. The department shall consider this
protest and shall promptly notify the claimant and the base period
employer submitting the protest of the recomputation or denial of
recomputation. An appeal may be taken from a notice of denial of
recomputation in the manner prescribed in Section 1328. The director
shall be an interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become operative on July 1, 2015.
SEC. 9. Section 1332 of the Unemployment Insurance Code is amended
to read:
1332. (a) The department shall promptly serve notice of any
determination of eligibility for benefits under this part or Part 3
or Part 4 of this division on the claimant and on any employer or
employing unit which prior to this determination has furnished the
department with information regarding the claimant's eligibility
pursuant to Sections 1327 and 1331. Service shall be made personally
or by mail. Failure to serve this notice shall not affect the
determination of eligibility.
(1) "Notice" is that notification which apprises the party of a
determination of eligibility and allows that party to respond
accordingly.
(2) If the department is or should be aware that the notice was
not received by the party to whom it was addressed, including, but
not limited to, the return to the department of the notice by the
United States Post Office, the department shall reissue the notice at
such time as the department can determine a corrected mailing
address for the affected party or otherwise ensure receipt. The
affected party shall have appeal rights pursuant to subdivisions (b)
and (c), and pursuant to Section 1328.
(b) The department may for good cause reconsider any determination
within 15 days after an appeal to an administrative law judge is
filed. If no appeal is filed, the department may for good cause
reconsider any determination within 20 days after mailing or personal
service of the notice of determination. The department may, if a
claimant has not filed an appeal to an administrative law judge from
any determination that finds that a claimant is ineligible or
disqualified, or if an appeal has been filed but is either withdrawn
or dismissed, for good cause also reconsider the determination during
the benefit year or extended duration period or extended benefit
period to which the determination relates. The department shall give
notice of any reconsidered determination to the claimant and any
employer or employing unit that received notice under Sections 1328
and 1331 and the claimant or employer may appeal therefrom in the
manner prescribed in Section 1328.
The director shall designate individuals to review and reconsider
appealed determinations. No individual designated shall be the same
individual who made the initial determination in the same matter.
(c) The department may for good cause reconsider any computation
or recomputation provided for in this article during the benefit year
or extended duration period to which the notice of computation or
recomputation relates, except that no recomputation may be considered
with respect to any issue considered or under consideration in an
appeal taken from a denial of recomputation. The department shall
promptly notify the claimant and each of the claimant's base period
employers of the recomputation. The claimant and any base period
employer may protest the accuracy of the recomputation as prescribed
in Section 1330.
(d) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 10. Section 1332 is added to the Unemployment Insurance Code,
to read:
1332. (a) The department shall promptly serve notice of any
determination of eligibility for benefits under this part or Part 3
or Part 4 of this division on the claimant and on any employer or
employing unit which prior to this determination has furnished the
department with information regarding the claimant's eligibility
pursuant to Sections 1327 and 1331. Service shall be made personally
or by mail. Failure to serve this notice shall not affect the
determination of eligibility.
(1) "Notice" is that notification which apprises the party of a
determination of eligibility and allows that party to respond
accordingly.
(2) If the department is or should be aware that the notice was
not received by the party to whom it was addressed, including, but
not limited to, the return to the department of the notice by the
United States Post Office, the department shall reissue the notice at
such time as the department can determine a corrected mailing
address for the affected party or otherwise ensure receipt. The
affected party shall have appeal rights pursuant to subdivisions (b)
and (c), and pursuant to Section 1328.
(b) The department may for good cause reconsider any determination
within 15 days after an appeal to an administrative law judge is
filed. If no appeal is filed, the department may for good cause
reconsider any determination within 30 days after mailing or personal
service of the notice of determination. The department may, if a
claimant has not filed an appeal to an administrative law judge from
any determination that finds that a claimant is ineligible or
disqualified, or if an appeal has been filed but is either withdrawn
or dismissed, for good cause also reconsider the determination during
the benefit year or extended duration period or extended benefit
period to which the determination relates. The department shall give
notice of any reconsidered determination to the claimant and any
employer or employing unit that received notice under Sections 1328
and 1331 and the claimant or employer may appeal therefrom in the
manner prescribed in Section 1328.
The director shall designate individuals to review and reconsider
appealed determinations. No individual designated shall be the same
individual who made the initial determination in the same matter.
(c) The department may for good cause reconsider any computation
or recomputation provided for in this article during the benefit year
or extended duration period to which the notice of computation or
recomputation relates, except that no recomputation may be considered
with respect to any issue considered or under consideration in an
appeal taken from a denial of recomputation. The department shall
promptly notify the claimant and each of the claimant's base period
employers of the recomputation. The claimant and any base period
employer may protest the accuracy of the recomputation as prescribed
in Section 1330.
(d) This section shall become operative on July 1, 2015.
SEC. 11. Section 1334 of the Unemployment Insurance Code is
amended to read:
1334. (a) An administrative law judge after affording a
reasonable opportunity for fair hearing, shall, unless the appeal is
withdrawn, affirm, reverse, modify, or set aside any determination
that is appealed under this article. The claimant, the employer
becoming a party to the appeal by submitting a protest or information
pursuant to Sections 1326 to 1333, inclusive, of this article, and
the director shall be promptly notified in writing of the
administrative law judge's decision, together with reasons for it.
The decision shall be final unless, within 20 days after mailing of
the decision, further appeal is initiated to the appeals board
pursuant to Section 1336. The 20-day limitation may be extended for
good cause.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 12. Section 1334 is added to the Unemployment Insurance Code,
to read:
1334. (a) An administrative law judge after affording a
reasonable opportunity for fair hearing, shall, unless the appeal is
withdrawn, affirm,
reverse, modify, or set aside any determination that is appealed
under this article. The claimant, the employer becoming a party to
the appeal by submitting a protest or information pursuant to
Sections 1326 to 1333, inclusive, of this article, and the director
shall be promptly notified in writing of the administrative law judge'
s decision, together with reasons for it. The decision shall be final
unless, within 30 days after mailing of the decision, further appeal
is initiated to the appeals board pursuant to Section 1336. The
30-day limitation may be extended for good cause.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become operative on July 1, 2015.
SEC. 13. Section 1377 of the Unemployment Insurance Code is
amended to read:
1377. (a) Within 20 days from the date of mailing or serving of
the notice of overpayment, the person affected may file an appeal to
an administrative law judge. The director shall be an interested
party to any such appeal. The administrative law judge, after
affording reasonable opportunity for a fair hearing, shall unless the
appeal is withdrawn, affirm, reverse, modify, or set aside the
findings set forth in the notice of overpayment. The party and the
director shall be notified of the administrative law judge's
decision, together with his or her reasons therefor, which shall be
final unless within 20 days from the date of notification or mailing
of the decision a further appeal is initiated to the appeals board
pursuant to Section 1336. The 20-day period for an appeal to the
administrative law judge or to the appeals board may be extended for
good cause.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable
neglect.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 14. Section 1377 is added to the Unemployment Insurance Code,
to read:
1377. (a) Within 30 days from the date of mailing or serving of
the notice of overpayment, the person affected may file an appeal to
an administrative law judge. The director shall be an interested
party to any such appeal. The administrative law judge, after
affording reasonable opportunity for a fair hearing, shall, unless
the appeal is withdrawn, affirm, reverse, modify, or set aside the
findings set forth in the notice of overpayment. The party and the
director shall be notified of the administrative law judge's
decision, together with his or her reasons therefor, which shall be
final unless within 30 days from the date of notification or mailing
of the decision a further appeal is initiated to the appeals board
pursuant to Section 1336. The 30-day period for an appeal to the
administrative law judge or to the appeals board may be extended for
good cause.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become operative on July 1, 2015.
SEC. 15. Section 3654.4 of the Unemployment Insurance Code is
amended to read:
3654.4. (a) The department shall consider the facts submitted by
an employing unit pursuant to Section 3654.1 and make a determination
as to the exhaustee's eligibility for extended duration benefits
under subdivision (e) of Section 3552. The department shall promptly
notify the exhaustee and any employing unit who prior to the
determination has submitted any facts pursuant to Section 3654.1 of
the determination and the reasons therefor. The exhaustee and the
employing unit may appeal therefrom to an administrative law judge
within 20 days from mailing or personal service of notice of the
determination. The 20-day period may be extended for good cause. The
director shall be an interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 16. Section 3654.4 is added to the Unemployment Insurance
Code, to read:
3654.4. (a) The department shall consider the facts submitted by
an employing unit pursuant to Section 3654.1 and make a determination
as to the exhaustee's eligibility for extended duration benefits
under subdivision (e) of Section 3552. The department shall promptly
notify the exhaustee and any employing unit who prior to the
determination has submitted any facts pursuant to Section 3654.1 of
the determination and the reasons therefor. The exhaustee and the
employing unit may appeal therefrom to an administrative law judge
within 30 days from mailing or personal service of notice of the
determination. The 30-day period may be extended for good cause. The
director shall be an interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become operative on July 1, 2015.
SEC. 17. Section 3655 of the Unemployment Insurance Code is
amended to read:
3655. (a) The Employment Development Department shall consider
the facts submitted by an employer pursuant to Section 3654 and, if
benefits are claimed subsequent to the filing of the extended
duration benefits claim, make a determination as to the exhaustee's
eligibility for the extended duration benefits. The Employment
Development Department shall promptly notify the exhaustee and any
employer who prior to the determination has submitted any facts
pursuant to Section 3654 of the determination and the reasons
therefor. The exhaustee and this employer may appeal therefrom to an
administrative law judge within 20 days from mailing or personal
service of notice of the determination. The 20-day period may be
extended for good cause. The Director of Employment Development shall
be an interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 18. Section 3655 is added to the Unemployment Insurance Code,
to read:
3655. (a) The Employment Development Department shall consider
the facts submitted by an employer pursuant to Section 3654 and, if
benefits are claimed subsequent to the filing of the extended
duration benefits claim, make a determination as to the exhaustee's
eligibility for the extended duration benefits. The Employment
Development Department shall promptly notify the exhaustee and any
employer who prior to the determination has submitted any facts
pursuant to Section 3654 of the determination and the reasons
therefor. The exhaustee and this employer may appeal therefrom to an
administrative law judge within 30 days from mailing or personal
service of notice of the determination. The 30-day period may be
extended for good cause. The Director of Employment Development shall
be an interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall take effect on July 1, 2015.
SEC. 19. Section 3656 of the Unemployment Insurance Code is
amended to read:
3656. (a) Upon the filing of a valid primary claim by an
exhaustee, the department shall promptly make an extended duration
award computation that shall set forth the maximum amount of extended
duration benefits potentially payable during the extended duration
period, the weekly benefit amount, and the expiration date of the
extended duration period. The department shall promptly notify the
exhaustee of the computation. The exhaustee may, within 20 days after
the mailing or personal service of the notice of computation,
protest its accuracy. The 20-day period may be extended for good
cause. The department shall consider the protest and shall promptly
notify the exhaustee of the recomputation or denial of recomputation.
An appeal may be taken from a notice of denial of recomputation in
the manner prescribed in Section 3655. The director shall be an
interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 20. Section 3656 is added to the Unemployment Insurance Code,
to read:
3656. (a) Upon the filing of a valid primary claim by an
exhaustee, the department shall promptly make an extended duration
award computation that shall set forth the maximum amount of extended
duration benefits potentially payable during the extended duration
period, the weekly benefit amount, and the expiration date of the
extended duration period. The department shall promptly notify the
exhaustee of the computation. The exhaustee may, within 30 days after
the mailing or personal service of the notice of computation,
protest its accuracy. The 30-day period may be extended for good
cause. The department shall consider the protest and shall promptly
notify the exhaustee of the recomputation or denial of recomputation.
An appeal may be taken from a notice of denial of recomputation in
the manner prescribed in Section 3655. The director shall be an
interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall take effect on July 1, 2015.
SEC. 21. Section 3701 of the Unemployment Insurance Code is
amended to read:
3701. (a) (1) An employer that is entitled under Section 3654 to
notice of the filing of a primary claim or additional claim and that,
within 10 days after mailing of the notice, submits to the
department any facts within its possession disclosing whether the
exhaustee left the most recent employment with the employer
voluntarily and without good cause or was discharged from the
employment for misconduct connected with his or her work, or whether
the claimant was a student employed on a temporary basis and whose
employment began within, and ended with his or her leaving to return
to school at the close of, his or her vacation period, or whether the
claimant left the employer's employ to accompany his or her spouse
or domestic partner to a place or join him or her at a place from
which it is impractical to commute to the employment, and to which a
transfer of the claimant by the employer is not available, or whether
the claimant's discharge or quit from his or her most recent
employer was the result of an irresistible compulsion to use or
consume intoxicants, including alcoholic beverages, or whether the
claimant left the employer's employ to protect his or her family or
himself or herself from domestic violence abuse, or whether the
claimant left the employer's employ to take a substantially better
job, shall be entitled to a ruling as prescribed by this section. The
period during which the employer may submit these facts may be
extended by the director for good cause.
(2) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
(b) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 3655, the department shall promptly
notify the employer of its ruling as to the cause of the termination
of the exhaustee's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 20 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to an appeal. The department may for good cause
reconsider a ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if an appeal is not filed, within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that a
ruling or reconsidered ruling that related to a determination that
is reconsidered pursuant to subdivision (a) of Section 1332 may also
be reconsidered by the department within the time provided for
reconsideration of that determination.
(c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
(d) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
(e) Rulings under this section shall have the effect prescribed by
Section 1032.
(f) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 22. Section 3701 is added to the Unemployment Insurance Code,
to read:
3701. (a) (1) An employer that is entitled under Section 3654 to
notice of the filing of a primary claim or additional claim and that,
within 10 days after mailing of the notice, submits to the
department any facts within its possession disclosing whether the
exhaustee left the most recent employment with the employer
voluntarily and without good cause or was discharged from the
employment for misconduct connected with his or her work, or whether
the claimant was a student employed on a temporary basis and whose
employment began within, and ended with his or her leaving to return
to school at the close of, his or her vacation period, or whether the
claimant left the employer's employ to accompany his or her spouse
or domestic partner to a place or join him or her at a place from
which it is impractical to commute to the employment, and to which a
transfer of the claimant by the employer is not available, or whether
the claimant's discharge or quit from his or her most recent
employer was the result of an irresistible compulsion to use or
consume intoxicants, including alcoholic beverages, or whether the
claimant left the employer's employ to protect his or her family or
himself or herself from domestic violence abuse, or whether the
claimant left the employer's employ to take a substantially better
job, shall be entitled to a ruling as prescribed by this section. The
period during which the employer may submit these facts may be
extended by the director for good cause.
(2) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
(b) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 3655, the department shall promptly
notify the employer of its ruling as to the cause of the termination
of the exhaustee's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 30 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 30-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to an appeal. The department may for good cause
reconsider a ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if an appeal is not filed, within 30 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that a
ruling or reconsidered ruling that related to a determination that
is reconsidered pursuant to subdivision (a) of Section 1332 may also
be reconsidered by the department within the time provided for
reconsideration of that determination.
(c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
(d) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
(e) Rulings under this section shall have the effect prescribed by
Section 1032.
(f) This section shall become operative on July 1, 2015.
SEC. 23. Section 4655 of the Unemployment Insurance Code is
amended to read:
4655. (a) The Employment Development Department shall consider
the facts submitted by an employer pursuant to Section 4654 and, if
benefits are claimed subsequent to the filing of the federal-state
extended benefits claim, make a determination as to the individual's
eligibility for the federal-state extended benefits. The Employment
Development Department shall promptly notify the individual and any
employer who prior to the determination has submitted any facts
pursuant to Section 4654 of the determination and the reasons
therefor. The individual and this employer may appeal therefrom to an
administrative law judge within 20 days from mailing or personal
service of notice of the determination. The 20-day period may be
extended for good cause. The Director of Employment Development shall
be an interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 24. Section 4655 is added to the Unemployment Insurance Code,
to read:
4655. (a) The Employment Development Department shall consider
the facts submitted by an employer pursuant to Section 4654 and, if
benefits are claimed subsequent to the filing of the federal-state
extended benefits claim, make a determination as to the individual's
eligibility for the federal-state extended benefits. The Employment
Development Department shall promptly notify the individual and any
employer who prior to the determination has submitted any facts
pursuant to Section 4654 of the determination and the reasons
therefor. The individual and this employer may appeal therefrom to an
administrative law judge within 30 days from mailing or personal
service of notice of the determination. The 30-day period may be
extended for good cause. The Director of Employment Development shall
be an interested party to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become operative on July 1, 2015.
SEC. 25. Section 4656 of the Unemployment Insurance Code is
amended to read:
4656. (a) Upon the filing of a valid application by an
individual, the department shall promptly make a federal-state
extended benefit award computation that shall set forth the maximum
amount of federal-state extended benefits potentially payable during
the extended benefit period, and the weekly benefit amount. The
department shall promptly notify the individual of the computation.
The individual may, within 20 days after the mailing or personal
service of the notice of computation or recomputation, protest its
accuracy. The 20-day period may be extended for good cause. The
department shall consider this protest and shall promptly notify the
individual of the recomputation or denial of recomputation. An appeal
may be taken from a notice of denial of recomputation in the manner
provided in Section 4655. The director shall be an interested party
to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 26. Section 4656 is added to the Unemployment Insurance Code,
to read:
4656. (a) Upon the filing of a valid application by an
individual, the department shall promptly make a federal-state
extended benefit award computation that shall set forth the maximum
amount of federal-state extended benefits potentially payable during
the extended benefit period, and the weekly benefit amount. The
department shall promptly notify the individual of the computation.
The individual may, within 30 days after the mailing or personal
service of the notice of computation or recomputation, protest its
accuracy. The 30-day period may be extended for good cause. The
department shall consider this protest and shall promptly notify the
individual of the recomputation or denial of recomputation. An appeal
may be taken from a notice of denial of recomputation in the manner
provided in Section 4655. The director shall be an interested party
to any appeal.
(b) "Good cause," as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.
(c) This section shall become operative on July 1, 2015.
SEC. 27. Section 4701 of the Unemployment Insurance Code is
amended to read:
4701. (a) (1) An employer that is entitled under Section 4654 to
notice of the filing of an application or additional claim and who,
within 10 days after mailing of the notice, submits to the department
any facts within its possession disclosing whether the individual
left the most recent employment with the employer voluntarily and
without good cause or was discharged from the employment for
misconduct connected with his or her work, or whether the claimant
was a student employed on a temporary basis and whose employment
began within, and ended with his or her leaving to return to school
at the close of, his or her vacation period, or whether the claimant
left the employer's employ to accompany his or her spouse or domestic
partner to a place or to join him or her at a place from which it is
impractical to commute to the employment, and to which a transfer of
the claimant by the employer is not available, or whether the
claimant's discharge or quit from his or her most recent employer was
the result of an irresistible compulsion to use or consume
intoxicants, including alcoholic beverages, or whether the claimant
left the employer's employ to protect his or her family or himself or
herself from domestic violence abuse, or whether the claimant left
the employer's employ to take a substantially better job, shall be
entitled to a ruling as prescribed by this section. The period during
which the employer may submit these facts may be extended by the
director for good cause.
(2) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
(b) The department shall consider the facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 4655, the department shall promptly
issue to the employer its ruling as to the cause of the termination
of the individual's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 20 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to an appeal. The department may for good cause
reconsider a ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if no appeal is filed, within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that a
ruling or reconsidered ruling that relates to a determination that
is reconsidered pursuant to subdivision (a) of Section 1332 may also
be reconsidered by the department within the time provided for
reconsideration of that determination.
(c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
(d) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
(e) Rulings under this section shall have the effect prescribed by
Section 1032.
(f) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed.
SEC. 28. Section 4701 is added to the Unemployment Insurance Code,
to read:
4701. (a) (1) An employer that is entitled under Section 4654 to
notice of the filing of an application or additional claim and who,
within 10 days after mailing of the notice, submits to the department
any facts within its possession disclosing whether the individual
left the most recent employment with the employer voluntarily and
without good cause or was discharged from the employment for
misconduct connected with his or her work, or whether the claimant
was a student employed on a temporary basis and whose employment
began within, and ended with his or her leaving to return to school
at the close of, his or her vacation period, or whether the claimant
left the employer's employ to accompany his or her spouse or domestic
partner to a place or to join him or her at a place from which it is
impractical to commute to
the employment, and to which a transfer of the claimant by the
employer is not available, or whether the claimant's discharge or
quit from his or her most recent employer was the result of an
irresistible compulsion to use or consume intoxicants, including
alcoholic beverages, or whether the claimant left the employer's
employ to protect his or her family or himself or herself from
domestic violence abuse, or whether the claimant left the employer's
employ to take a substantially better job, shall be entitled to a
ruling as prescribed by this section. The period during which the
employer may submit these facts may be extended by the director for
good cause.
(2) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
(b) The department shall consider the facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 4655, the department shall promptly
issue to the employer its ruling as to the cause of the termination
of the individual's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 30 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 30-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to an appeal. The department may for good cause
reconsider a ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if no appeal is filed, within 30 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that a
ruling or reconsidered ruling that relates to a determination that
is reconsidered pursuant to subdivision (a) of Section 1332 may also
be reconsidered by the department within the time provided for
reconsideration of that determination.
(c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
(d) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
(e) Rulings under this section shall have the effect prescribed by
Section 1032.
(f) This section shall become operative on July 1, 2015.
