Bill Text: IA SF187 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act eliminating appeals in claims for unemployment benefits to the employment appeal board and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-08 - Subcommittee reassigned: Schultz, Boulton, and Dickey. S.J. 274. [SF187 Detail]
Download: Iowa-2021-SF187-Introduced.html
Senate
File
187
-
Introduced
SENATE
FILE
187
BY
SCHULTZ
A
BILL
FOR
An
Act
eliminating
appeals
in
claims
for
unemployment
benefits
1
to
the
employment
appeal
board
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
10A.601,
subsections
1
and
7,
Code
2021,
1
are
amended
to
read
as
follows:
2
1.
A
full-time
employment
appeal
board
is
created
within
3
the
department
of
inspections
and
appeals
to
hear
and
decide
4
contested
cases
under
chapter
8A,
subchapter
IV
,
and
chapters
5
80
,
88
,
91C
,
96
,
and
97B
.
6
7.
An
application
for
rehearing
before
the
appeal
board
7
shall
be
filed
pursuant
to
section
17A.16
,
unless
otherwise
8
provided
in
chapter
8A,
subchapter
IV
,
or
chapter
80
,
88
,
91C
,
9
96
,
or
97B
.
A
petition
for
judicial
review
of
a
decision
of
the
10
appeal
board
shall
be
filed
pursuant
to
section
17A.19
.
The
11
appeal
board
may
be
represented
in
any
such
judicial
review
12
by
an
attorney
who
is
a
regular
salaried
employee
of
the
13
appeal
board
or
who
has
been
designated
by
the
appeal
board
14
for
that
purpose,
or
at
the
appeal
board’s
request,
by
the
15
attorney
general.
Notwithstanding
the
petitioner’s
residency
16
requirement
in
section
17A.19,
subsection
2
,
a
petition
for
17
judicial
review
may
be
filed
in
the
district
court
of
the
18
county
in
which
the
petitioner
was
last
employed
or
resides,
19
provided
that
if
the
petitioner
does
not
reside
in
this
state,
20
the
action
shall
be
brought
in
the
district
court
of
Polk
21
county,
Iowa,
and
any
other
party
to
the
proceeding
before
the
22
appeal
board
shall
be
named
in
the
petition.
Notwithstanding
23
the
thirty-day
requirement
in
section
17A.19,
subsection
6
,
24
the
appeal
board
shall,
within
sixty
days
after
filing
of
the
25
petition
for
judicial
review
or
within
a
longer
period
of
26
time
allowed
by
the
court,
transmit
to
the
reviewing
court
27
the
original
or
a
certified
copy
of
the
entire
records
of
a
28
contested
case.
The
appeal
board
may
also
certify
to
the
29
court,
questions
of
law
involved
in
any
decision
by
the
appeal
30
board.
Petitions
for
judicial
review
and
the
questions
so
31
certified
shall
be
given
precedence
over
all
other
civil
cases
32
except
cases
arising
under
the
workers’
compensation
law
of
33
this
state.
No
bond
shall
be
required
for
entering
an
appeal
34
from
any
final
order,
judgment,
or
decree
of
the
district
court
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to
the
supreme
court.
1
Sec.
2.
Section
96.1A,
subsection
1,
Code
2021,
is
amended
2
by
striking
the
subsection.
3
Sec.
3.
Section
96.6,
subsections
2
and
4,
Code
2021,
are
4
amended
to
read
as
follows:
5
2.
Initial
determination.
A
representative
designated
by
6
the
director
shall
promptly
notify
all
interested
parties
to
7
the
claim
of
its
filing,
and
the
parties
have
ten
days
from
8
the
date
of
issuing
the
notice
of
the
filing
of
the
claim
to
9
protest
payment
of
benefits
to
the
claimant.
All
interested
10
parties
shall
select
a
format
as
specified
by
the
department
11
to
receive
such
notifications.
The
representative
shall
12
promptly
examine
the
claim
and
any
protest,
take
the
initiative
13
to
ascertain
relevant
information
concerning
the
claim,
and,
14
on
the
basis
of
the
facts
found
by
the
representative,
shall
15
determine
whether
or
not
the
claim
is
valid,
the
week
with
16
respect
to
which
benefits
shall
commence,
the
weekly
benefit
17
amount
payable
and
its
maximum
duration,
and
whether
any
18
disqualification
shall
be
imposed.
The
claimant
has
the
burden
19
of
proving
that
the
claimant
meets
the
basic
eligibility
20
conditions
of
section
96.4
.
The
employer
has
the
burden
of
21
proving
that
the
claimant
is
disqualified
for
benefits
pursuant
22
to
section
96.5
,
except
as
provided
by
this
subsection
.
The
23
claimant
has
the
initial
burden
to
produce
evidence
showing
24
that
the
claimant
is
not
disqualified
for
benefits
in
cases
25
involving
section
96.5,
subsections
10
and
11
,
and
has
the
26
burden
of
proving
that
a
voluntary
quit
pursuant
to
section
27
96.5,
subsection
1
,
was
for
good
cause
attributable
to
the
28
employer
and
that
the
claimant
is
not
disqualified
for
benefits
29
in
cases
involving
section
96.5,
subsection
1
,
paragraphs
30
“a”
through
“h”
.
Unless
the
claimant
or
other
interested
31
party,
after
notification
or
within
ten
calendar
days
after
32
notification
was
issued,
files
an
appeal
from
the
decision,
33
the
decision
is
final
and
benefits
shall
be
paid
or
denied
34
in
accordance
with
the
decision.
If
an
administrative
law
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judge
affirms
a
decision
of
the
representative,
or
the
appeal
1
board
affirms
a
decision
of
the
administrative
law
judge
2
allowing
benefits,
the
benefits
shall
be
paid
regardless
of
3
any
appeal
which
is
thereafter
taken,
but
if
the
decision
is
4
finally
reversed,
no
employer’s
account
shall
be
charged
with
5
benefits
so
paid
and
this
relief
from
charges
shall
apply
to
6
both
contributory
and
reimbursable
employers,
notwithstanding
7
section
96.8,
subsection
5
.
8
4.
Effect
of
determination.
A
finding
of
fact
or
law,
9
judgment,
conclusion,
or
final
order
made
pursuant
to
this
10
section
by
an
employee
or
representative
of
the
department
,
or
11
an
administrative
law
judge
,
or
the
employment
appeal
board,
12
is
binding
only
upon
the
parties
to
proceedings
brought
under
13
this
chapter
,
and
is
not
binding
upon
any
other
proceedings
or
14
action
involving
the
same
facts
brought
by
the
same
or
related
15
parties
before
the
division
of
labor
services,
division
of
16
workers’
compensation,
other
state
agency,
arbitrator,
court,
17
or
judge
of
this
state
or
the
United
States.
18
Sec.
4.
Section
96.6,
subsection
3,
paragraph
b,
Code
2021,
19
is
amended
to
read
as
follows:
20
b.
Appeals
from
the
initial
determination
shall
be
heard
21
by
an
administrative
law
judge
employed
by
the
department.
22
An
administrative
law
judge’s
decision
may
be
appealed
by
23
any
party
to
the
employment
appeal
board
created
in
section
24
10A.601
.
The
decision
of
the
appeal
board
administrative
law
25
judge
is
final
agency
action
and
an
appeal
of
the
decision
by
26
any
party
shall
be
made
directly
to
the
district
court.
27
Sec.
5.
Section
96.11,
subsections
7,
9,
and
12,
Code
2021,
28
are
amended
to
read
as
follows:
29
7.
Oaths
and
witnesses.
In
the
discharge
of
the
duties
30
imposed
by
this
chapter
,
the
chairperson
of
the
appeal
board
31
and
any
duly
authorized
representative
of
the
department
32
shall
have
power
to
administer
oaths
and
affirmations,
take
33
depositions,
certify
to
official
acts,
and
issue
subpoenas
to
34
compel
the
attendance
of
witnesses
and
the
production
of
books,
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papers,
correspondence,
memoranda,
and
other
records
deemed
1
necessary
as
evidence
in
connection
with
a
disputed
claim
or
2
the
administration
of
this
chapter
.
3
9.
Protection
against
self-incrimination.
No
person
shall
be
4
excused
from
attending
and
testifying
or
from
producing
books,
5
papers,
correspondence,
memoranda,
and
other
records
before
the
6
department,
or
the
appeal
board,
or
in
obedience
to
a
subpoena
7
in
any
cause
or
proceeding
provided
for
in
this
chapter
,
on
8
the
ground
that
the
testimony
or
evidence,
documentary
or
9
otherwise,
required
of
the
person
may
tend
to
incriminate
the
10
person
or
subject
the
person
to
a
penalty
for
forfeiture;
but
11
no
individual
shall
be
prosecuted
or
subjected
to
any
penalty
12
of
forfeiture
for
or
on
account
of
any
transaction,
matter,
13
or
thing
concerning
which
the
individual
is
compelled,
after
14
having
claimed
privilege
against
self-incrimination,
to
testify
15
or
produce
evidence,
documentary
or
otherwise,
except
that
such
16
individual
so
testifying
shall
not
be
exempt
from
prosecution
17
and
punishment
for
perjury
committed
in
so
testifying.
18
12.
Unemployment
benefits
contested
case
hearing
19
records.
Notwithstanding
the
provisions
of
section
17A.12
to
20
the
contrary,
the
recording
of
oral
proceedings
of
a
hearing
21
conducted
before
an
administrative
law
judge
pursuant
to
22
section
96.6,
subsection
3
,
in
which
the
decision
of
the
23
administrative
law
judge
is
not
appealed
to
the
employment
24
appeal
board
district
court
,
shall
be
filed
with
and
maintained
25
by
the
department
for
at
least
two
years
from
the
date
of
26
decision.
27
Sec.
6.
APPLICABILITY.
This
Act
applies
to
appeals
from
28
decisions
by
administrative
law
judges
regarding
claims
for
29
unemployment
benefits
pursuant
to
section
96.6,
subsection
3,
30
which
appeals
are
initiated
on
or
after
the
effective
date
of
31
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
provides
that
an
appeal
from
a
decision
by
an
1
administrative
law
judge
regarding
a
claim
for
unemployment
2
benefits
shall
be
made
to
the
district
court.
Under
current
3
law,
such
appeals
are
made
to
the
employment
appeal
board,
and
4
the
decisions
of
the
board
can
be
appealed
to
the
district
5
court.
6
The
bill
applies
to
appeals
from
decisions
by
administrative
7
law
judges
regarding
claims
for
unemployment
benefits,
which
8
appeals
are
initiated
on
or
after
the
effective
date
of
the
9
bill.
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