Amended in Senate May 7, 2014

Senate Bill No. 1314

Introduced by Senator Monning

February 21, 2014

An act to amend Sections begin insert 1030, 1032.5, end insert 1328 begin delete and end delete begin insert , 1330, 1332, end insert 1334 begin insert , 1377, 3654.4, 3655, 3656, 3701, 4655, 4656, and 4701 end insert of the Unemployment Insurance Code, relating to unemployment insurance.

LEGISLATIVE COUNSEL’S DIGEST

SB 1314, as amended, 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 begin delete promptly notify, among others, the end delete begin insert make a prompt notification end insert begin insert of various rulings, determinations, and computations, including a notification to end insert begin insert an employer of a department ruling or determination as to the cause of a claimant’s termination of employment, and a notification to end insert begin insert a end insert claimant of the determination of the claimant’s eligibility for benefits, as specified. begin insert Existing law authorizes reconsideration of a determination of eligibility within 20 days after mailing a notice of a determination. end insert Existing law begin insert also end insert authorizes an appeal from a begin delete determination or reconsidered determination to an administrative law judge end delete begin insert ruling, determination, or computation end insert within 20 days of begin delete the notice of the determination or reconsidered determination, end delete begin insert a notice, end insert as specified begin insert , and authorizes an extension of this deadline for good cause end insert .

This bill would extend the deadline for begin insert a reconsideration or for an end insert appeal begin delete to an administrative law judge end delete begin insert of the above-described rulings, determinations, and computations end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1030 of the end insert begin insert Unemployment Insurance
Code end insert begin insert is amended to read: end insert

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 begin delete 20 end delete begin insert 30 end insert days after mailing or
personal service of notice of the ruling or reconsidered ruling. The
begin delete 20-day end delete begin insert 30-day end insert 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 begin delete 20 end delete begin insert 30 end insert 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1032.5 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

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 begin delete 20 end delete begin insert 30 end insert days after mailing or personal service of
notice of the ruling or reconsidered ruling. The begin delete 20-day end delete begin insert 30 end insert begin insert -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.
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 begin delete 20 end delete
begin insert 30 end insert days after mailing or personal service of the notice of the ruling
or reconsidered ruling.

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

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 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.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1330 of the end insert begin insert Unemployment Insurance Code end insert begin insert is
amended to read: end insert

1330.  

The claimant and any base period employer to whom a
notice of computation or recomputation is given may, within begin delete 20 end delete
begin insert 30 end insert days after the mailing or personal service of begin delete such end delete begin insert the end insert notice,
protest the accuracy of the computation or recomputation. The
begin delete 20-day end delete begin insert 30-day end insert period may be extended for good cause. The
department shall consider begin delete any such end delete begin insert this end insert 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.

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

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 1332 of the end insert begin insert Unemployment Insurance Code end insert begin insert is
amended to read: end insert

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 begin delete 20 end delete begin insert 30 end insert 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 begin delete which end delete begin insert that end insert 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 begin delete which end delete begin insert that end insert 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.

begin delete SEC. 2. end delete
begin insert SEC. 6. end insert   

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 begin delete such end delete begin insert the end insert
appeal is withdrawn, affirm, reverse, modify, or set aside any
determination begin delete which end delete begin insert that end insert 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.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1377 of the end insert begin insert Unemployment Insurance Code end insert begin insert is
amended to read: end insert

1377.  

Within begin delete 20 end delete begin insert 30 end insert 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 reasons therefor, which shall be final unless
within begin delete 20 end delete begin insert 30 end insert 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 begin delete 20-day end delete begin insert 30-day end insert period for an appeal to the
administrative law judge or to the appeals board may be extended
for good cause.

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

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 3654.4 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

3654.4.  

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 begin delete any such end delete begin insert the end insert employing unit may appeal therefrom
to an administrative law judge within begin delete 20 end delete begin insert 30 end insert days from mailing or
personal service of notice of the determination. The begin delete 20-day end delete begin insert 30-day end insert
period may be extended for good cause. The director shall be an
interested party to any appeal.

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

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 3655 of the end insert begin insert Unemployment Insurance Code end insert begin insert is
amended to read: end insert

3655.  

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 begin delete any such end delete begin insert this end insert employer
may appeal therefrom to an administrative law judge within begin delete 20 end delete begin insert 30 end insert
days from mailing or personal service of notice of the
determination. The begin delete 20-day end delete begin insert 30-day end insert period may be extended for
good cause. The Director of Employment Development shall be
an interested party to any appeal.

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

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 3656 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

3656.  

Upon the filing of a valid primary claim by an exhaustee,
the department shall promptly make an extended duration award
computation begin delete which end delete begin insert that end insert 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. begin delete He end delete begin insert The
exhaustee end insert may, within begin delete 20 end delete begin insert 30 end insert days after the mailing or personal
service of the notice of computation, protest its accuracy. The
begin delete 20-day end delete begin insert 30-day end insert period may be extended for good cause. The
department shall consider begin delete any such end delete begin insert the end insert 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.

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

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 3701 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

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 begin delete 20 end delete begin insert 30 end insert days after mailing or
personal service of notice of the ruling or reconsidered ruling. 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 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 begin delete 20 end delete begin insert 30 end insert days after mailing or personal service of notice of
the ruling or reconsidered ruling, except that a ruling or
reconsidered ruling begin delete which end delete begin insert that end insert 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.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 4655 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

4655.  

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 begin delete any
such end delete begin insert this end insert employer may appeal therefrom to an administrative law
judge within begin delete 20 end delete begin insert 30 end insert days from mailing or personal service of notice
of the determination. The begin delete 20-day end delete begin insert 30-day end insert period may be extended
for good cause. The Director of Employment Development shall
be an interested party to any appeal.

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

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 4656 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

4656.  

Upon the filing of a valid application by an individual,
the department shall promptly make a federal-state extended benefit
award computation begin delete which end delete begin insert that end insert 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.
begin delete He end delete begin insert The individual end insert may, within begin delete 20 end delete begin insert 30 end insert days after the mailing or
personal service of the notice of computation or recomputation,
protest its accuracy. The begin delete 20-day end delete begin insert 30-day end insert period may be extended
for good cause. The department shall consider begin delete any such end delete begin insert this end insert 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.

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

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 4701 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

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 begin delete 20 end delete begin insert 30 end insert days after mailing or
personal service of notice of the ruling or reconsidered ruling. 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 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 begin delete 20 end delete begin insert 30 end insert 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.