Bill Text: IA SF2128 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to notices by the department of workforce development regarding claims for unemployment benefits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-30 - Subcommittee: Brown, Costello, and Dotzler. S.J. 183. [SF2128 Detail]

Download: Iowa-2017-SF2128-Introduced.html

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Senate File 2128 - Introduced




                                 SENATE FILE       
                                 BY  BROWN

                                      A BILL FOR

  1 An Act relating to notices by the department of workforce
  2    development regarding claims for unemployment benefits.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5663XS (2) 87
    je/rj

PAG LIN



  1  1    Section 1.  Section 96.6, subsection 2, Code 2018, is amended
  1  2 to read as follows:
  1  3    2.  Initial determination.  A representative designated by
  1  4 the director shall promptly notify all interested parties to
  1  5 the claim of its filing, and the parties have ten calendar
  1  6  days from the date of mailing receipt of the notice of the
  1  7 filing of the claim sent by ordinary certified mail to the
  1  8 last known address to protest payment of benefits to the
  1  9 claimant. The representative shall promptly examine the claim
  1 10 and any protest, take the initiative to ascertain relevant
  1 11 information concerning the claim, and, on the basis of the
  1 12 facts found by the representative, shall determine whether
  1 13 or not the claim is valid, the week with respect to which
  1 14 benefits shall commence, the weekly benefit amount payable
  1 15 and its maximum duration, and whether any disqualification
  1 16 shall be imposed. The claimant has the burden of proving
  1 17 that the claimant meets the basic eligibility conditions of
  1 18 section 96.4. The employer has the burden of proving that the
  1 19 claimant is disqualified for benefits pursuant to section 96.5,
  1 20 except as provided by this subsection. The claimant has the
  1 21 initial burden to produce evidence showing that the claimant
  1 22 is not disqualified for benefits in cases involving section
  1 23 96.5, subsections 10 and 11, and has the burden of proving
  1 24 that a voluntary quit pursuant to section 96.5, subsection 1,
  1 25 was for good cause attributable to the employer and that the
  1 26 claimant is not disqualified for benefits in cases involving
  1 27 section 96.5, subsection 1, paragraphs "a" through "h". Unless
  1 28 the claimant or other interested party, after notification
  1 29 or within ten calendar days after the date notification was
  1 30 mailed to the claimant's last known address received by mail,
  1 31 files an appeal from the decision, the decision is final
  1 32 and benefits shall be paid or denied in accordance with the
  1 33 decision. If an administrative law judge affirms a decision of
  1 34 the representative, or the appeal board affirms a decision of
  1 35 the administrative law judge allowing benefits, the benefits
  2  1 shall be paid regardless of any appeal which is thereafter
  2  2 taken, but if the decision is finally reversed, no employer's
  2  3 account shall be charged with benefits so paid and this relief
  2  4 from charges shall apply to both contributory and reimbursable
  2  5 employers, notwithstanding section 96.8, subsection 5.
  2  6                           EXPLANATION
  2  7 The inclusion of this explanation does not constitute agreement with
  2  8 the explanation's substance by the members of the general assembly.
  2  9    This bill requires the department of workforce development
  2 10 to send notifications that a claim for unemployment benefits
  2 11 has been filed to parties to the claim by certified mail rather
  2 12 than ordinary mail as required under current law.
  2 13    The bill also gives parties to a claim 10 days from the
  2 14 date notification of the department's decision on the claim is
  2 15 received to appeal the decision. Current law requires that an
  2 16 appeal be filed after a claimant or other interested party is
  2 17 notified or 10 days after the notification was mailed to the
  2 18 claimant's last known address.
       LSB 5663XS (2) 87
       je/rj