Senate Bill No. 1314

Introduced by Senator Monning

February 21, 2014

An act to amend Sections 1328 and 1334 of the Unemployment Insurance Code, relating to unemployment insurance.

LEGISLATIVE COUNSEL’S DIGEST

SB 1314, as introduced, 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 promptly notify, among others, the claimant of the determination of the claimant’s eligibility for benefits, as specified. Existing law authorizes an appeal from a determination or reconsidered determination to an administrative law judge within 20 days of the notice of the determination or reconsidered determination, as specified.

This bill would extend the deadline for appeal to an administrative law judge to 30 days.

(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 extend the deadline for appeal to the board to 30 days.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1328 of the Unemployment Insurance
Code is amended to read:

1328.  

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 begin delete prior to end delete begin insert before end insert
the determination has submitted begin delete any end delete facts or given begin delete any end delete notice
pursuant to Section 1327 or this section and authorized regulations
of the determination or reconsidered determination and the reasons
therefor. begin delete If end delete begin insert If, end insert after notice of a determination or reconsidered
begin delete determination end delete begin insert determination, end insert the employing unit acquires
knowledge of facts begin delete which end delete begin insert that end insert 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 begin delete any such end delete begin insert the end insert employer may
appeal from a determination or reconsidered determination to an
administrative law judge within begin delete 20 days end delete begin insert 30 days end insert from mailing or
personal service of notice of the determination or reconsidered
determination. The begin delete 20-day end delete begin insert 30-day end insert 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.

SEC. 2.  

Section 1334 of the Unemployment Insurance Code
is amended to read:

1334.  

begin insert (a) end insert begin insert   end insert An administrative law judge after affording a
reasonable opportunity for fair hearing, shall, unless such appeal
is withdrawn, affirm, reverse, modify, or set aside any
determination which is appealed under this article. The claimant,
begin delete any end delete begin insert the end insert 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 begin delete his end delete reasons
begin delete therefor end delete begin insert for it end insert . The decision shall be final unless, within begin delete 20 days end delete
begin insert 30 days end insert after mailing of begin delete such end delete begin insert the end insert decision, further appeal is initiated
to the appeals board pursuant to Section 1336. The begin delete 20-day end delete begin insert 30-day end insert
limitation may be extended for good cause.

begin delete

“Good

end delete

begin insert (b) end insert begin insert   end insert begin insert “Good end insert cause,” as used in this section, shall include, but not
be limited to, mistake, inadvertence, surprise, or excusable neglect.