(3) A process for individuals to request a review of the denial.
(b) In administering the program established by this chapter, the department shall not take any of the following actions:
(1) Requesting, orally or in writing, an individual’s nationality, place of birth, or eligibility or ineligibility for a social security number.
(2) Compelling or requesting an individual to admit in writing whether they have proof of lawful presence in the United States.
(3) Contacting an individual’s current, former, or prospective employer for any purpose, including to verify employment status. This paragraph does not prohibit the department
from using other means to verify past employment.
(4) Recording an individual’s immigration or citizenship status.
(c) The department and any entity acting as an agent for the
department shall not retain the documents or copies of documents submitted by applicants for this program for any longer than necessary to administer benefits.
(d) The department shall begin accepting applications as soon as practicable following the issuance of final regulations to administer the program.
(e) (1) For purposes of demonstrating eligibility under paragraph (2) of subdivision (a) of Section 2022, an applicant shall self-attest to meeting that requirement and shall submit documentation with a value equal to at least four points to establish proof of work history. Except
history, except as provided in paragraph (3), the value of the submitted documentation shall equal at least four points. (3). The following documentation has the following values:
(A) The following documentation each has a value of four points:
(i) Minimum of six weeks of wage statements from the 12-month period prior to the application, Wage statements, as set forth in subdivision (a) of Section
226 or, where
if the employer has failed to provide the applicant with accurate wage statements meeting the requirements of subdivision (a) of Section 226, nonpayroll checks paid by the employer or employer’s agent to the applicant or other records showing payments from an employer to the applicant.
(ii) A federal tax return for the taxable year immediately preceding the date of application for benefits, with proof of filing with the Internal Revenue Service using a social security number or valid federal individual taxpayer identification number demonstrating at least five thousand two hundred dollars ($5,200) in gross wages.
(iii) A state tax return for the taxable year immediately preceding the date of application for benefits, filed with the Franchise
Tax Board using a social security number or valid federal individual taxpayer identification number demonstrating at least five thousand two hundred dollars ($5,200) in gross wages.
(iv) An Internal Revenue Service Form W-2 demonstrating at least five thousand two hundred dollars ($5,200) in gross wages for the taxable year immediately preceding the date of application for benefits.
(v)Minimum of six weeks of paystubs from the 12-month period prior to the application.
(v) A Form 1099, a state tax return, or a federal
tax form from the prior year demonstrating at least five thousand two hundred dollars ($5,200) in gross income, coupled with evidence sufficient to demonstrate that the individual earned that income as an employee.
(vi) Time records showing when the employee begins and ends work each work period sufficient to demonstrate at least 93 hours worked within a three-month period from the 12-month period prior to the application.
(B) The following documentation each has a value of two points:
(i) Minimum of six
weeks of evidence, Evidence, such as statements issued by a financial institution, showing regular direct deposits made by an employer to the applicant, or regular deposits of cash earnings or checks made by the applicant to the applicant’s bank account.
(ii) Receipts from a check-cashing establishment or transaction logs from a payment app showing regular direct deposits, deposits, or transfers from an employer.
(iii)Letter from an employer showing applicant’s dates of work and the reason for loss of income that includes any of the following:
(I)The employer’s mailing address and address of the site within California where applicant worked.
(II)The employer’s California Unemployment Insurance account number.
(III)The employer’s federal employer identification number.
(iv)
(iii) Receipts or records showing a consecutive pattern of commuting to and from a work location, such as toll records, parking receipts, or public transportation records that demonstrate at least 93 hours of work performed within a three-month period.
(v)A Form 1099, a state tax return, or a federal tax form from the prior year demonstrating at least five thousand two hundred dollars ($5,200) in gross income, coupled with evidence sufficient to demonstrate that the individual earned that income as an employee.
(iv) A letter attesting to the applicant’s employment history issued by a charitable organization registered with the Department of Justice or other entity designated by the commissioner and based on knowledge that the applicant meets the requirements of paragraph (2) of subdivision (a) of Section 2022, acquired in the course of conducting intake, interviews, or other standard processes related to the provision of job-related direct services to the applicant. The department shall not contact the charitable organization for any reason other than to authenticate the letter.
(C) The following documentation has a value of one point:
(i) An employer-issued identification badge or identification
card.
(ii)A letter attesting to the applicant’s employment history issued by a charitable organization registered with the Department of Justice or other entity designated by the commissioner and based on knowledge that the applicant meets the requirements of paragraph (2) of subdivision (a) of Section 2022, acquired in the course of conducting intake, interviews, or other standard processes related to the provision of job-related direct services to the applicant. The department shall not contact the charitable organization for any reason other than to authenticate the letter.
(iii)
(ii) Emails, text messages, social media messages, or other written communications relating to delivery order sheets, work invoices, work schedules, sign-in sheets, timesheets, directions or instructions from employers, or other written work-related communications between an applicant and an employer
establishing the existence of a work relationship.
(2) The department may, by regulation, establish alternative documents that sufficiently demonstrate an applicant’s qualification for the program, provided that those documents demonstrate that the applicant meets the eligibility requirement set forth in paragraph (2) of subdivision (a) of Section 2022.
(3) If an applicant cannot provide sufficient documentation of their work hours, wages, or other employment records in order to meet the minimum documentation value of four points as required by this subdivision, the department may conduct a credibility interview to determine whether the applicant’s submission reasonably demonstrates that they meet the eligibility requirements of this program set forth in paragraph
(2) of subdivision (a) of Section 2022. The department may establish procedures for credibility interviews.