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 make a prompt notification of various rulings, determinations, and computations, including a notification to an employer of a department ruling or determination as to the cause of a claimant’s termination of employment, and a notification to a claimant of the determination of the claimant’s eligibility for benefits, as specified. Existing law authorizes reconsideration of a determination of eligibility within 20 days after mailing a notice of a determination. Existing law also authorizes an appeal from a ruling, determination, or computation within 20 days of a notice, as specified, and authorizes an extension of this deadline for good cause.
This bill would extend the deadline for a reconsideration or for an appeal of the above-described rulings, determinations, and computations to 30 daysbegin insert after mailing a notice of determination, for those mailings that occur on or after July 1, 2015end insert.
(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 wouldbegin insert, on and after July 1, 2015,end insert 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 1030 of the Unemployment Insurance
2Code is amended to read:
(a) An employer that is entitled under Section 1327 to
4receive notice of the filing of a new or additional claim may, within
510 days after mailing of the notice, submit to the department any
6facts within its possession disclosing whether the claimant left the
7employer’s employ voluntarily and without good cause or left
8under one of the following circumstances:
9(1) The claimant was discharged from the employment for
10misconduct connected with his or her work.
11(2) The claimant’s discharge or quitting from his or her most
12recent employer was the result of an irresistible compulsion to use
13or consume intoxicants including alcoholic
beverages.
14(3) The claimant was a student employed on a temporary basis
15and whose employment began within, and ended with his or her
16leaving to return to school at the close of, his or her vacation
17period.
18(4) The claimant left the employer’s employ to accompany his
19or her spouse or domestic partner to a place or to join him or her
20at a place from which it is impractical to commute to the
21employment, and to which a transfer of the claimant by the
22employer is not available.
23(5) The claimant left the employer’s employ to protect his or
24her family or himself or herself from domestic violence abuse.
25(6) The claimant left the employer’s employ to take a
26substantially
better job.
P3 1The period during which the employer may submit these facts
2may be extended by the director for good cause.
3(b) A base period employer that is not entitled under Section
41327 to receive notice of the filing of a new or additional claim
5and is entitled under Section 1329 to receive notice of computation
6may, within 15 days after mailing of the notice of computation,
7submit to the department any facts within its possession disclosing
8whether the claimant left the employer’s employ voluntarily and
9without good cause or left under one of the following
10circumstances:
11(1) The claimant was discharged from the employment for
12misconduct connected with his or her work.
13(2) The claimant was a student employed on a temporary basis
14and whose employment began within, and ended with his or her
15leaving to return to school at the close of, his or her vacation
16period.
17(3) The claimant left the employer’s employ to accompany his
18or her spouse or domestic partner to a place or join him or her at
19a place from which it is impractical to commute to the employment,
20and to which a transfer of the claimant by the employer is not
21available.
22(4) The claimant left the employer’s employ to protect his or
23her family or himself or herself from domestic violence abuse.
24(5) The claimant left the employer’s employ to take a
25substantially better job.
26The
period during which the employer may submit these facts
27may be extended by the director for good cause.
28(c) The department shall consider these facts together with any
29information in its possession. If the employer is entitled to a ruling
30under subdivision (b) or to a determination under Section 1328,
31the department shall promptly notify the employer of its ruling as
32to the cause of the termination of the claimant’s employment. The
33employer may appeal from a ruling or reconsidered ruling to an
34administrative law judge withinbegin delete 30end deletebegin insert 20end insert days after mailing or
35personal service of notice of the ruling or reconsidered rulingbegin insert,
for
36mailing or personal service that occurs before July 1, 2015end insert. The
37begin delete 30-dayend deletebegin insert 20-dayend insert period may be extended for good cause, which
38includes, but is not limited to, mistake, inadvertence, surprise, or
39excusable neglect. The director is an interested party to an appeal.
40The department may for good cause reconsider a ruling or
P4 1reconsidered ruling within either five days after the date an appeal
2to an administrative law judge is filed or, if an appeal is not filed,
3within 30 days after mailing or personal service of notice of the
4ruling or reconsidered ruling. However, a ruling or reconsidered
5ruling that relates to a determination that is reconsidered pursuant
6to subdivision (a) of Section 1332 may also be
reconsidered by
7the department within the time provided for reconsideration of that
8determination.
9(d) For purposes of this section only, if the claimant voluntarily
10leaves the employer’s employ without notification to the employer
11of the reasons for the leaving, and if the employer submits all of
12the facts within its possession concerning the leaving within the
13applicable time period referred to in this section, the leaving is
14presumed to be without good cause.
15(e) An individual whose employment is terminated under the
16compulsory retirement provisions of a collective bargaining
17agreement to which the employer is a party shall not be deemed
18to have voluntarily left his or her employment without good cause.
19(f) For
purposes of this section “spouse” includes a person to
20whom marriage is imminent, and “domestic partner” includes a
21person to whom a domestic partnership, as described in Section
22297 of the Family Code, is imminent.
23(g) This section shall become inoperative on July 1, 2015, and,
24as of January 1, 2016, is repealed.
begin insertSection 1030 is added to the end insertbegin insertUnemployment Insurance
26Codeend insertbegin insert, to read:end insert
(a) An employer that is entitled under Section 1327 to
28receive notice of the filing of a new or additional claim may, within
2910 days after mailing of the notice, submit to the department any
30facts within its possession disclosing whether the claimant left the
31employer’s employ voluntarily and without good cause or left
32under one of the following circumstances:
33(1) The claimant was discharged from the employment for
34misconduct connected with his or her work.
35(2) The claimant’s discharge or quitting from his or her most
36recent employer was the result of an irresistible compulsion to use
37or consume intoxicants including
alcoholic beverages.
38(3) The claimant was a student employed on a temporary basis
39and whose employment began within, and ended with his or her
P5 1leaving to return to school at the close of, his or her vacation
2period.
3(4) The claimant left the employer’s employ to accompany his
4or her spouse or domestic partner to a place or to join him or her
5at a place from which it is impractical to commute to the
6employment, and to which a transfer of the claimant by the
7employer is not available.
8(5) The claimant left the employer’s employ to protect his or
9her family or himself or herself from domestic violence abuse.
10(6) The claimant left the
employer’s employ to take a
11substantially better job.
12The period during which the employer may submit these facts
13may be extended by the director for good cause.
14(b) A base period employer that is not entitled under Section
151327 to receive notice of the filing of a new or additional claim
16and is entitled under Section 1329 to receive notice of computation
17may, within 15 days after mailing of the notice of computation,
18submit to the department any facts within its possession disclosing
19whether the claimant left the employer’s employ voluntarily and
20without good cause or left under one of the following
21circumstances:
22(1) The claimant was discharged from the employment for
23misconduct connected with his or her work.
24(2) The claimant was a student employed on a temporary basis
25and whose employment began within, and ended with his or her
26leaving to return to school at the close of, his or her vacation
27period.
28(3) The claimant left the employer’s employ to accompany his
29or her spouse or domestic partner to a place or join him or her at
30a place from which it is impractical to commute to the employment,
31and to which a transfer of the claimant by the employer is not
32available.
33(4) The claimant left the employer’s employ to protect his or
34her family or himself or herself from domestic violence abuse.
35(5) The claimant left the employer’s employ to take a
36substantially better job.
37The period during which the employer may submit these facts
38may be extended by the director for good cause.
39(c) The department shall consider these facts together with any
40information in its possession. If the employer is entitled to a ruling
P6 1under subdivision (b) or to a determination under Section 1328,
2the department shall promptly notify the employer of its ruling as
3to the cause of the termination of the claimant’s employment. The
4employer may appeal from a ruling or reconsidered ruling to an
5administrative law judge within 30 days after mailing or personal
6service of notice of the ruling or reconsidered ruling, for mailing
7or personal service that occurs on or after July 1, 2015. The 30-day
8period may be extended for good cause, which includes, but is not
9limited to, mistake, inadvertence, surprise, or excusable neglect.
10The director is an interested party to an appeal.
The department
11may for good cause reconsider a ruling or reconsidered ruling
12within either five days after the date an appeal to an administrative
13law judge is filed or, if an appeal is not filed, within 30 days after
14mailing or personal service of notice of the ruling or reconsidered
15ruling. However, a ruling or reconsidered ruling that relates to a
16determination that is reconsidered pursuant to subdivision (a) of
17Section 1332 may also be reconsidered by the department within
18the time provided for reconsideration of that determination.
19(d) For purposes of this section only, if the claimant voluntarily
20leaves the employer’s employ without notification to the employer
21of the reasons for the leaving, and if the employer submits all of
22the facts within its possession concerning the leaving within the
23applicable time period referred to in this section, the leaving is
24presumed to be without good cause.
25(e) An individual whose employment is terminated under the
26compulsory retirement provisions of a collective bargaining
27agreement to which the employer is a party shall not be deemed
28to have voluntarily left his or her employment without good cause.
29(f) For purposes of this section “spouse” includes a person to
30whom marriage is imminent, and “domestic partner” includes a
31person to whom a domestic partnership, as described in Section
32297 of the Family Code, is imminent.
33(g) This section shall become operative on July 1, 2015.
Section 1032.5 of the Unemployment Insurance Code
36 is amended to read:
(a) Any base period employer may, within 15 days
38after mailing of a notice of computation under subdivision (a) of
39Section 1329, submit to the department facts within its possession
40disclosing that the individual claiming benefits is rendering services
P7 1for that employer in less than full-time work, and that the individual
2has continuously, commencing in or prior to the beginning of the
3base period, rendered services for that employer in such less than
4full-time work.
5(b) The department shall consider facts submitted under
6subdivision (a) of this section together with any information in its
7possession and promptly notify the employer of its ruling. If the
8department finds that an
individual is, under Section 1252,
9unemployed in any week on the basis of his or her having less than
10full-time work, and that the employer submitting facts under this
11section is a base period employer for whom the individual has
12continuously, commencing in or prior to the beginning of the base
13period, rendered services in such less than full-time work, that
14employer’s account shall not be charged, except as provided by
15Section 1026 or if the department determines pursuant to Section
161026.1 that the employer’s reserve account should not be credited,
17for benefits paid the individual in any week in which such wages
18are payable by that employer to the individual. The employer may
19appeal from a ruling or reconsidered ruling to an administrative
20law judge withinbegin delete 30end deletebegin insert
20end insert days after mailing or personal service of
21notice of the ruling or reconsidered rulingbegin insert, for mailing or personal
22service that occurs before July 1, 2015end insert. Thebegin delete 30-dayend deletebegin insert 20-dayend insert period
23may be extended for good cause, which shall include, but not be
24limited to, mistake, inadvertence, surprise, or excusable neglect.
25The director shall be an interested party to any appeal. The
26department may for good cause reconsider any ruling or
27reconsidered ruling within either five days after an appeal to an
28administrative law judge is filed or, if no appeal is filed, within 30
29days after mailing or personal service of the notice of
the ruling
30or reconsidered ruling.
31(c) This section shall become inoperative on July 1, 2015, and,
32as of January 1, 2016, is repealed.
begin insertSection 1032.5 is added to the end insertbegin insertUnemployment
34Insurance Codeend insertbegin insert, to read:end insert
(a) Any base period employer may, within 15 days
36after mailing of a notice of computation under subdivision (a) of
37Section 1329, submit to the department facts within its possession
38disclosing that the individual claiming benefits is rendering
39services for that employer in less than full-time work, and that the
40individual has continuously, commencing in or prior to the
P8 1beginning of the base period, rendered services for that employer
2in such less than full-time work.
3(b) The department shall consider facts submitted under
4subdivision (a) of this section together with any information in its
5possession and promptly notify the employer of its ruling. If the
6department finds that an individual is, under Section 1252,
7
unemployed in any week on the basis of his or her having less than
8full-time work, and that the employer submitting facts under this
9section is a base period employer for whom the individual has
10continuously, commencing in or prior to the beginning of the base
11period, rendered services in such less than full-time work, that
12employer’s account shall not be charged, except as provided by
13Section 1026 or if the department determines pursuant to Section
141026.1 that the employer’s reserve account should not be credited,
15for benefits paid the individual in any week in which such wages
16are payable by that employer to the individual. The employer may
17appeal from a ruling or reconsidered ruling to an administrative
18law judge within 30 days after mailing or personal service of notice
19of the ruling or reconsidered ruling, for mailing or personal service
20that occurs on and after July 1, 2015. The 30-day period may be
21extended for good cause, which shall include, but not be limited
22to, mistake, inadvertence, surprise, or
excusable neglect. The
23director shall be an interested party to any appeal. The department
24may for good cause reconsider any ruling or reconsidered ruling
25within either five days after an appeal to an administrative law
26judge is filed or, if no appeal is filed, within 30 days after mailing
27or personal service of the notice of the ruling or reconsidered
28ruling, for mailing or personal service occurring on or after July
291, 2015.
30(c) This section shall become operative on July 1, 2015.
Section 1328 of the Unemployment Insurance Code
33 is amended to read:
begin insert(a)end insertbegin insert end insert The department shall consider the facts submitted
35by an employer pursuant to Section 1327 and make a determination
36as to the claimant’s eligibility for benefits. The department shall
37promptly notify the claimant and any employer who before the
38determination has submitted facts or given notice pursuant to
39Section 1327 or this section and authorized regulations of the
40determination or reconsidered determination and the reasons
P9 1therefor. If, after notice of a determination or reconsidered
2determination, the employing
unit acquires knowledge of facts
3that may affect the eligibility of the claimant and those facts could
4not reasonably have been known within the 10-day period provided
5by Section 1327, the employing unit shall within 10 days of
6acquiring that knowledge submit those facts to the department,
7and the 10-day period may be extended for good cause. The
8claimant and the employer may appeal from a determination or
9reconsidered determination to an administrative law judge within
10begin delete 30end deletebegin insert 20end insert days from mailing or personal service of notice of the
11determination or reconsidered determinationbegin insert, for mailing or
12personal service that occurs before July 1, 2015end insert.
Thebegin delete 30-dayend delete
13begin insert 20-dayend insert period may be extended for good cause, which shall include,
14but not be limited to, mistake, inadvertence, surprise, or excusable
15neglect. The director shall be an interested party to any appeal.
16(b) This section shall become inoperative on July 1, 2015, and,
17as of January 1, 2016, is repealed.
begin insertSection 1328 is added to the end insertbegin insertUnemployment Insurance
19Codeend insertbegin insert, to read:end insert
(a) The department shall consider the facts submitted
21by an employer pursuant to Section 1327 and make a determination
22as to the claimant’s eligibility for benefits. The department shall
23promptly notify the claimant and any employer who before the
24determination has submitted facts or given notice pursuant to
25Section 1327 or this section and authorized regulations of the
26determination or reconsidered determination and the reasons
27therefor. If, after notice of a determination or reconsidered
28determination, the employing unit acquires knowledge of facts that
29may affect the eligibility of the claimant and those facts could not
30reasonably have been known within the 10-day period provided
31by Section 1327, the employing unit shall within 10 days of
32acquiring that knowledge submit those facts to the department,
33and
the 10-day period may be extended for good cause. The
34claimant and the employer may appeal from a determination or
35reconsidered determination to an administrative law judge within
3630 days from mailing or personal service of notice of the
37determination or reconsidered determination, for mailing or
38personal service that occurs on or after July 1, 2015. The 30-day
39period may be extended for good cause, which shall include, but
P10 1not be limited to, mistake, inadvertence, surprise, or excusable
2neglect. The director shall be an interested party to any appeal.
3(b) This section shall become operative on July 1, 2015.
Section 1330 of the Unemployment Insurance Code
6 is amended to read:
begin insert(a)end insertbegin insert end insert The claimant and any base period employer to whom
8a notice of computation or recomputation is given may, withinbegin delete 30end delete
9begin insert 20end insert days after the mailing or personal service of the notice, protest
10the accuracy of the computation or recomputationbegin insert, for mailing or
11personal service that
occurs before July 1, 2015end insert. Thebegin delete 30-dayend delete
12begin insert 20-dayend insert period may be extended for good cause. The department
13shall consider this protest and shall promptly notify the claimant
14and the base period employer submitting the protest of the
15recomputation or denial of recomputation. An appeal may be taken
16from a notice of denial of recomputation in the manner prescribed
17in Section 1328. The director shall be an interested party to any
18appeal.
19“Good
end delete
20begin insert(b)end insertbegin insert end insertbegin insert“Goodend insert cause,” as used in this section, shall include, but not
21be limited to, mistake, inadvertence, surprise, or excusable neglect.
22(c) This section shall become inoperative on July 1, 2015, and,
23as of January 1, 2016, is repealed.
begin insertSection 1330 is added to the end insertbegin insertUnemployment Insurance
25Codeend insertbegin insert, to read:end insert
(a) The claimant and any base period employer to whom
27a notice of computation or recomputation is given may, within 30
28days after the mailing or personal service of the notice, protest
29the accuracy of the computation or recomputation, for mailing or
30personal service that occurs on or after July 1, 2015. The 30-day
31period may be extended for good cause. The department shall
32consider this protest and shall promptly notify the claimant and
33the base period employer submitting the protest of the
34recomputation or denial of recomputation. An appeal may be taken
35from a notice of denial of recomputation in the manner prescribed
36in Section 1328. The director shall be an interested party to any
37appeal.
38(b) “Good cause,” as used in this section, shall
include, but not
39be limited to, mistake, inadvertence, surprise, or excusable neglect.
40(c) This section shall become operative on July 1, 2015.
Section 1332 of the Unemployment Insurance Code
3 is amended to read:
(a) The department shall promptly serve notice of any
5determination of eligibility for benefits under this part or Part 3 or
6Part 4 of this division on the claimant and on any employer or
7employing unit which prior to this determination has furnished the
8department with information regarding the claimant’s eligibility
9pursuant to Sections 1327 and 1331. Service shall be made
10personally or by mail. Failure to serve this notice shall not affect
11the determination of eligibility.
12(1) “Notice” is that notification which apprises the party of a
13determination of eligibility and allows that party to respond
14accordingly.
15(2) If the department is or should be aware that the notice was
16not received by the party to whom it was addressed, including, but
17not limited to, the return to the department of the notice by the
18United States Post Office, the department shall reissue the notice
19at such time as the department can determine a corrected mailing
20address for the affected party or otherwise ensure receipt. The
21affected party shall have appeal rights pursuant to subdivisions (b)
22and (c), and pursuant to Section 1328.
23(b) The department may for good cause reconsider any
24determination within 15 days after an appeal to an administrative
25law judge is filed. If no appeal is filed, the department may for
26good cause reconsider any determination withinbegin delete 30end deletebegin insert
20end insert days after
27mailing or personal service of the notice of determinationbegin insert, for
28mailing or personal service that occurs before July 1, 2015end insert. The
29department may, if a claimant has not filed an appeal to an
30administrative law judge from any determination that finds that a
31claimant is ineligible or disqualified, or if an appeal has been filed
32but is either withdrawn or dismissed, for good cause also reconsider
33the determination during the benefit year or extended duration
34period or extended benefit period to which the determination
35relates. The department shall give notice of any reconsidered
36determination to the claimant and any employer or employing unit
37that received notice under Sections 1328 and 1331 and the claimant
38or employer may appeal therefrom in the manner
prescribed in
39Section 1328.
P12 1The director shall designate individuals to review and reconsider
2appealed determinations. No individual designated shall be the
3same individual who made the initial determination in the same
4matter.
5(c) The department may for good cause reconsider any
6computation or recomputation provided for in this article during
7the benefit year or extended duration period to which the notice
8of computation or recomputation relates, except that no
9recomputation may be considered with respect to any issue
10considered or under consideration in an appeal taken from a denial
11of recomputation. The department shall promptly notify the
12claimant and each of the claimant’s base period employers of the
13recomputation. The claimant and any base period employer may
14protest the accuracy of
the recomputation as prescribed in Section
151330.
16(d) This section shall become inoperative on July 1, 2015, and,
17as of January 1, 2016, is repealed.
begin insertSection 1332 is added to the end insertbegin insertUnemployment Insurance
19Codeend insertbegin insert, to read:end insert
(a) The department shall promptly serve notice of any
21determination of eligibility for benefits under this part or Part 3
22or Part 4 of this division on the claimant and on any employer or
23employing unit which prior to this determination has furnished
24the department with information regarding the claimant’s eligibility
25pursuant to Sections 1327 and 1331. Service shall be made
26personally or by mail. Failure to serve this notice shall not affect
27the determination of eligibility.
28(1) “Notice” is that notification which apprises the party of a
29determination of eligibility and allows that party to respond
30accordingly.
31(2) If the
department is or should be aware that the notice was
32not received by the party to whom it was addressed, including, but
33not limited to, the return to the department of the notice by the
34United States Post Office, the department shall reissue the notice
35at such time as the department can determine a corrected mailing
36address for the affected party or otherwise ensure receipt. The
37affected party shall have appeal rights pursuant to subdivisions
38(b) and (c), and pursuant to Section 1328.
39(b) The department may for good cause reconsider any
40determination within 15 days after an appeal to an administrative
P13 1law judge is filed. If no appeal is filed, the department may for
2good cause reconsider any determination within 30 days after
3mailing or personal service of the notice of determination, for
4mailing or personal service that occurs on or after July 1, 2015.
5The department may, if a claimant has not filed an appeal to an
6
administrative law judge from any determination that finds that a
7claimant is ineligible or disqualified, or if an appeal has been filed
8but is either withdrawn or dismissed, for good cause also
9reconsider the determination during the benefit year or extended
10duration period or extended benefit period to which the
11determination relates. The department shall give notice of any
12reconsidered determination to the claimant and any employer or
13employing unit that received notice under Sections 1328 and 1331
14and the claimant or employer may appeal therefrom in the manner
15prescribed in Section 1328.
16The director shall designate individuals to review and reconsider
17appealed determinations. No individual designated shall be the
18same individual who made the initial determination in the same
19matter.
20(c) The department may for good cause reconsider any
21computation or recomputation
provided for in this article during
22the benefit year or extended duration period to which the notice
23of computation or recomputation relates, except that no
24recomputation may be considered with respect to any issue
25considered or under consideration in an appeal taken from a denial
26of recomputation. The department shall promptly notify the
27claimant and each of the claimant’s base period employers of the
28recomputation. The claimant and any base period employer may
29protest the accuracy of the recomputation as prescribed in Section
301330.
31(d) This section shall become operative on July 1, 2015.
Section 1334 of the Unemployment Insurance Code
34 is amended to read:
(a) An administrative law judge after affording a
36reasonable opportunity for fair hearing, shall, unless the appeal is
37withdrawn, affirm, reverse, modify, or set aside any determination
38that is appealed under this article. The claimant, the employer
39becoming a party to the appeal by submitting a protest or
40information pursuant to Sections 1326 to 1333, inclusive, of this
P14 1article, and the director shall be promptly notified in writing of the
2administrative law judge’s decision, together with reasons for it.
3The decision shall be final unless, withinbegin delete 30end deletebegin insert 20end insert
days after mailing
4of the decision,begin insert for mailing that occurs before July 1, 2015,end insert further
5appeal is initiated to the appeals board pursuant to Section 1336.
6Thebegin delete 30-dayend deletebegin insert 20-dayend insert limitation may be extended for good cause.
7(b) “Good cause,” as used in this section, shall include, but not
8be limited to, mistake, inadvertence, surprise, or excusable neglect.
9(c) This section shall become inoperative on July 1, 2015, and,
10as of January 1, 2016, is
repealed.
begin insertSection 1334 is added to the end insertbegin insertUnemployment Insurance
12Codeend insertbegin insert, to read:end insert
(a) An administrative law judge after affording a
14reasonable opportunity for fair hearing, shall, unless the appeal
15is withdrawn, affirm, reverse, modify, or set aside any
16determination that is appealed under this article. The claimant,
17the employer becoming a party to the appeal by submitting a
18protest or information pursuant to Sections 1326 to 1333, inclusive,
19of this article, and the director shall be promptly notified in writing
20of the administrative law judge’s decision, together with reasons
21for it. The decision shall be final unless, within 30 days after
22mailing of the decision, for mailing that occurs on or after July 1,
232015, further appeal is initiated to the appeals board pursuant to
24Section 1336. The 30-day limitation may be extended for good
25cause.
26(b) “Good cause,” as used in this section, shall include, but not
27be limited to, mistake, inadvertence, surprise, or excusable neglect.
28(c) This section shall become operative on July 1, 2015.
Section 1377 of the Unemployment Insurance Code
31 is amended to read:
begin insert(a)end insertbegin insert end insert Withinbegin delete 30end deletebegin insert 20end insert days from the date of mailing or
33serving of the notice of overpayment,begin insert for mailing or serving that
34occurs before July 1, 2015,end insert the person affected may file an appeal
35to an administrative law judge. The director shall be an interested
36party to any
such appeal. The administrative law judge, after
37affording reasonable opportunity for a fair hearing, shall unless
38the appeal is withdrawn, affirm, reverse, modify, or set aside the
39findings set forth in the notice of overpayment. The party and the
40director shall be notified of the administrative law judge’s decision,
P15 1together with hisbegin insert or herend insert reasons therefor, which shall be final unless
2withinbegin delete 30end deletebegin insert 20end insert days from the date of notification or mailing of the
3decision a further appeal is initiated to the appeals board pursuant
4to Section 1336begin insert, for notification or mailing that
occurs before July
51, 2015end insert. Thebegin delete 30-dayend deletebegin insert
20-dayend insert period for an appeal to the
6administrative law judge or to the appeals board may be extended
7for good cause.
8“Good
end delete
9begin insert(end insertbegin insertb) end insertbegin insert end insertbegin insert“Goodend insert cause,” as used in this section, shall include, but not
10be limited to, mistake, inadvertence, surprise, or excusable neglect.
11(c) This
section shall become inoperative on July 1, 2015, and,
12as of January 1, 2016, is repealed.
begin insertSection 1377 is added to the end insertbegin insertUnemployment Insurance
14Codeend insertbegin insert, to read:end insert
(a) Within 30 days from the date of mailing or serving
16of the notice of overpayment, for mailing or serving that occurs
17on or after July 1, 2015, the person affected may file an appeal to
18an administrative law judge. The director shall be an interested
19party to any such appeal. The administrative law judge, after
20affording reasonable opportunity for a fair hearing, shall unless
21the appeal is withdrawn, affirm, reverse, modify, or set aside the
22findings set forth in the notice of overpayment. The party and the
23director shall be notified of the administrative law judge’s decision,
24together with his or her reasons therefor, which shall be final
25unless within 30 days from the date of notification or mailing of
26the decision a further appeal is initiated to the appeals board
27pursuant to Section 1336, for
notification or mailing that occurs
28on or after July 1, 2015. The 30-day period for an appeal to the
29administrative law judge or to the appeals board may be extended
30for good cause.
31(b) “Good cause,” as used in this section, shall include, but not
32be limited to, mistake, inadvertence, surprise, or excusable neglect.
33(c) This section shall become operative on July 1, 2015.
Section 3654.4 of the Unemployment Insurance Code
36 is amended to read:
begin insert(a)end insertbegin insert end insert The department shall consider the facts submitted
38by an employing unit pursuant to Section 3654.1 and make a
39determination as to the exhaustee’s eligibility for extended duration
40benefits under subdivision (e) of Section 3552. The department
P16 1shall promptly notify the exhaustee and any employing unit who
2prior to the determination has submitted any facts pursuant to
3Section 3654.1 of the determination and the reasons therefor. The
4exhaustee and the employing unit may appeal therefrom to an
5administrative law
judge withinbegin delete 30end deletebegin insert 20end insert days from mailing or
6personal service of notice of the determinationbegin insert, for mailing or
7personal service that occurs before July 1, 2015end insert. Thebegin delete 30-dayend delete
8begin insert 20-dayend insert period may be extended for good cause. The director shall
9be an interested party to any appeal.
10“Good
end delete
11begin insert(end insertbegin insertb)end insertbegin insert end insertbegin insert“Goodend insert cause,” as used in this section, shall include, but not
12be limited to, mistake, inadvertence, surprise, or excusable neglect.
13(c) This section shall become inoperative on July 1, 2015, and,
14as of January 1, 2016, is repealed.
begin insertSection 3654.4 is added to the end insertbegin insertUnemployment
16Insurance Codeend insertbegin insert, to read:end insert
(a) The department shall consider the facts submitted
18by an employing unit pursuant to Section 3654.1 and make a
19determination as to the exhaustee’s eligibility for extended duration
20benefits under subdivision (e) of Section 3552. The department
21shall promptly notify the exhaustee and any employing unit who
22prior to the determination has submitted any facts pursuant to
23Section 3654.1 of the determination and the reasons therefor. The
24exhaustee and the employing unit may appeal therefrom to an
25administrative law judge within 30 days from mailing or personal
26service of notice of the determination, for mailing or personal
27service that occurs on or after July 1, 2015. The 30-day period
28may be extended for good cause. The director shall be an interested
29party to any appeal.
30(b) “Good cause,” as used in this section, shall include, but not
31be limited to, mistake, inadvertence, surprise, or excusable neglect.
32(c) This section shall become operative on July 1, 2015.
Section 3655 of the Unemployment Insurance Code
35 is amended to read:
begin insert(a)end insertbegin insert end insert The Employment Development Department shall
37consider the facts submitted by an employer pursuant to Section
383654 and, if benefits are claimed subsequent to the filing of the
39extended duration benefits claim, make a determination as to the
40exhaustee’s eligibility for the extended duration benefits. The
P17 1Employment Development Department shall promptly notify the
2exhaustee and any employer who prior to the determination has
3submitted any facts pursuant to Section 3654 of the determination
4and the reasons therefor.
The exhaustee and this employer may
5appeal therefrom to an administrative law judge withinbegin delete 30end deletebegin insert 20end insert days
6from mailing or personal service of notice of the determinationbegin insert,
7for mailing or personal service that occurs before July 1, 2015end insert.
8Thebegin delete 30-dayend deletebegin insert 20-dayend insert period may be extended for good cause. The
9Director of Employment Development shall be an interested party
10to any appeal.
11“Good
end delete
12begin insert(end insertbegin insertb)end insertbegin insert end insertbegin insert“Goodend insert cause,” as used in this section, shall include, but not
13be limited to, mistake, inadvertence, surprise, or excusable neglect.
14(c) This section shall become inoperative on July 1, 2015, and,
15as of January 1, 2016, is repealed.
begin insertSection 3655 is added to the end insertbegin insertUnemployment Insurance
17Codeend insertbegin insert, to read:end insert
(a) The Employment Development Department shall
19consider the facts submitted by an employer pursuant to Section
203654 and, if benefits are claimed subsequent to the filing of the
21extended duration benefits claim, make a determination as to the
22exhaustee’s eligibility for the extended duration benefits. The
23Employment Development Department shall promptly notify the
24exhaustee and any employer who prior to the determination has
25submitted any facts pursuant to Section 3654 of the determination
26and the reasons therefor. The exhaustee and this employer may
27appeal therefrom to an administrative law judge within 30 days
28from mailing or personal service of notice of the determination,
29for mailing or personal service that occurs on or after July 1, 2015.
30The 30-day period may be extended for good cause. The Director
31
of Employment Development shall be an interested party to any
32appeal.
33(b) “Good cause,” as used in this section, shall include, but not
34be limited to, mistake, inadvertence, surprise, or excusable neglect.
35(c) This section shall take effect on July 1, 2015.
Section 3656 of the Unemployment Insurance Code
38 is amended to read:
begin insert(a)end insertbegin insert end insert Upon the filing of a valid primary claim by an
40exhaustee, the department shall promptly make an extended
P18 1duration award computation that shall set forth the maximum
2amount of extended duration benefits potentially payable during
3the extended duration period, the weekly benefit amount, and the
4expiration date of the extended duration period. The department
5shall promptly notify the exhaustee of the computation. The
6exhaustee may, withinbegin delete 30end deletebegin insert
20end insert days after the mailing or personal
7service of the notice of computation,begin insert for mailing or personal
8service that occurs before July 1, 2015,end insert protest its accuracy. The
9begin delete 30-dayend deletebegin insert 20-dayend insert period may be extended for good cause. The
10department shall consider the protest and shall promptly notify the
11exhaustee of the recomputation or denial of recomputation. An
12appeal may be taken from a notice of denial of recomputation in
13the manner prescribed in Section 3655. The director shall be an
14interested party to any appeal.
15“Good
end delete
16begin insert(end insertbegin insertb)end insertbegin insert end insertbegin insert“Goodend insert cause,” as used in this section, shall include, but not
17be limited to, mistake, inadvertence, surprise, or excusable neglect.
18(c) This section shall become inoperative on July 1, 2015, and,
19as of January 1, 2016, is repealed.
begin insertSection 3656 is added to the end insertbegin insertUnemployment Insurance
21Codeend insertbegin insert, to read:end insert
(a) Upon the filing of a valid primary claim by an
23exhaustee, the department shall promptly make an extended
24duration award computation that shall set forth the maximum
25amount of extended duration benefits potentially payable during
26the extended duration period, the weekly benefit amount, and the
27expiration date of the extended duration period. The department
28shall promptly notify the exhaustee of the computation. The
29exhaustee may, within 30 days after the mailing or personal service
30of the notice of computation, for mailing or personal service that
31occurs on or after July 1, 2015, protest its accuracy. The 30-day
32period may be extended for good cause. The department shall
33consider the protest and shall promptly notify the exhaustee of the
34recomputation or denial of recomputation. An appeal may be taken
35
from a notice of denial of recomputation in the manner prescribed
36in Section 3655. The director shall be an interested party to any
37appeal.
38(b) “Good cause,” as used in this section, shall include, but not
39be limited to, mistake, inadvertence, surprise, or excusable neglect.
40(c) This section shall take effect on July 1, 2015.
Section 3701 of the Unemployment Insurance Code
3 is amended to read:
(a) (1) An employer that is entitled under Section 3654
5to notice of the filing of a primary claim or additional claim and
6that, within 10 days after mailing of the notice, submits to the
7department any facts within its possession disclosing whether the
8exhaustee left the most recent employment with the employer
9voluntarily and without good cause or was discharged from the
10employment for misconduct connected with his or her work, or
11whether the claimant was a student employed on a temporary basis
12and whose employment began within, and ended with his or her
13leaving to return to school at the close of, his or her vacation
14period, or whether the claimant left the employer’s employ to
15accompany his or her spouse or domestic
partner to a place or join
16him or her at a place from which it is impractical to commute to
17the employment, and to which a transfer of the claimant by the
18employer is not available, or whether the claimant’s discharge or
19quit from his or her most recent employer was the result of an
20irresistible compulsion to use or consume intoxicants, including
21alcoholic beverages, or whether the claimant left the employer’s
22employ to protect his or her family or himself or herself from
23domestic violence abuse, or whether the claimant left the
24employer’s employ to take a substantially better job, shall be
25entitled to a ruling as prescribed by this section. The period during
26which the employer may submit these facts may be extended by
27the director for good cause.
28(2) For purposes of this section, “spouse” includes a person to
29whom marriage is imminent,
and “domestic partner” includes a
30person to whom a domestic partnership, as described in Section
31297 of the Family Code, is imminent.
32(b) The department shall consider these facts together with any
33information in its possession. If the employer is entitled to a
34determination pursuant to Section 3655, the department shall
35promptly notify the employer of its ruling as to the cause of the
36termination of the exhaustee’s most recent employment. The
37employer may appeal from a ruling or reconsidered ruling to an
38administrative law judge withinbegin delete 30end deletebegin insert 20end insert days after mailing or
39personal service of notice of the ruling or reconsidered rulingbegin insert,
for
40mailing or personal service that occurs before July 1, 2015end insert. The
P20 1begin delete 30-dayend deletebegin insert 20-dayend insert period may be extended for good cause, which shall
2include, but not be limited to, mistake, inadvertence, surprise, or
3excusable neglect. The director shall be an interested party to an
4appeal. The department may for good cause reconsider a ruling or
5reconsidered ruling within either five days after the date an appeal
6to an administrative law judge is filed or, if an appeal is not filed,
7withinbegin delete 30end deletebegin insert 20end insert days after mailing or personal service of notice of
8the
ruling or reconsidered ruling,begin insert for mailing or personal service
9that occurs before July 1, 2015,end insert except that a ruling or reconsidered
10ruling that related to a determination that is reconsidered pursuant
11to subdivision (a) of Section 1332 may also be reconsidered by
12the department within the time provided for reconsideration of that
13determination.
14(c) For purposes of this section only, if the claimant voluntarily
15leaves the employer’s employ without notification to the employer
16of the reasons therefor, and if the employer submits all of the facts
17within its possession concerning the leaving within the applicable
18time period referred to in this section, the leaving shall be presumed
19to be without good cause.
20(d) An individual whose employment is terminated under the
21compulsory retirement provisions of a collective bargaining
22agreement to which the employer is a party shall not be deemed
23to have voluntarily left his or her employment without good cause.
24(e) Rulings under this section shall have the effect prescribed
25by Section 1032.
26(f) This section shall become inoperative on July 1, 2015, and,
27as of January 1, 2016, is repealed.
begin insertSection 3701 is added to the end insertbegin insertUnemployment Insurance
29Codeend insertbegin insert, to read:end insert
(a) (1) An employer that is entitled under Section 3654
31to notice of the filing of a primary claim or additional claim and
32that, within 10 days after mailing of the notice, submits to the
33department any facts within its possession disclosing whether the
34exhaustee left the most recent employment with the employer
35voluntarily and without good cause or was discharged from the
36employment for misconduct connected with his or her work, or
37whether the claimant was a student employed on a temporary basis
38and whose employment began within, and ended with his or her
39leaving to return to school at the close of, his or her vacation
40period, or whether the claimant left the employer’s employ to
P21 1accompany his or her spouse or domestic partner to a place or
2join him or her at a place from which it is
impractical to commute
3to the employment, and to which a transfer of the claimant by the
4employer is not available, or whether the claimant’s discharge or
5quit from his or her most recent employer was the result of an
6irresistible compulsion to use or consume intoxicants, including
7alcoholic beverages, or whether the claimant left the employer’s
8employ to protect his or her family or himself or herself from
9domestic violence abuse, or whether the claimant left the
10employer’s employ to take a substantially better job, shall be
11entitled to a ruling as prescribed by this section. The period during
12which the employer may submit these facts may be extended by
13the director for good cause.
14(2) For purposes of this section, “spouse” includes a person to
15whom marriage is imminent, and “domestic partner” includes a
16person to whom a domestic partnership, as described in Section
17297 of the Family Code, is imminent.
18(b) The department shall consider these facts together with any
19information in its possession. If the employer is entitled to a
20determination pursuant to Section 3655, the department shall
21promptly notify the employer of its ruling as to the cause of the
22termination of the exhaustee’s most recent employment. The
23employer may appeal from a ruling or reconsidered ruling to an
24administrative law judge within 30 days after mailing or personal
25service of notice of the ruling or reconsidered ruling, for mailing
26or personal service that occurs on or after July 1, 2015. The 30-day
27period may be extended for good cause, which shall include, but
28not be limited to, mistake, inadvertence, surprise, or excusable
29neglect. The director shall be an interested party to an appeal.
30The department may for good cause reconsider a ruling or
31reconsidered ruling within either five days after the date an appeal
32to an administrative law judge is filed or, if an appeal is
not filed,
33within 30 days after mailing or personal service of notice of the
34ruling or reconsidered ruling, for mailing or personal service that
35occurs on or after July 1, 2015, except that a ruling or reconsidered
36ruling that related to a determination that is reconsidered pursuant
37to subdivision (a) of Section 1332 may also be reconsidered by
38the department within the time provided for reconsideration of
39that determination.
P22 1(c) For purposes of this section only, if the claimant voluntarily
2leaves the employer’s employ without notification to the employer
3of the reasons therefor, and if the employer submits all of the facts
4within its possession concerning the leaving within the applicable
5time period referred to in this section, the leaving shall be
6presumed to be without good cause.
7(d) An individual whose employment is terminated under the
8
compulsory retirement provisions of a collective bargaining
9agreement to which the employer is a party shall not be deemed
10to have voluntarily left his or her employment without good cause.
11(e) Rulings under this section shall have the effect prescribed
12by Section 1032.
13(f) This section shall become operative on July 1, 2015.
Section 4655 of the Unemployment Insurance Code
16 is amended to read:
begin insert(a)end insertbegin insert end insert The Employment Development Department shall
18consider the facts submitted by an employer pursuant to Section
194654 and, if benefits are claimed subsequent to the filing of the
20federal-state extended benefits claim, make a determination as to
21the individual’s eligibility for the federal-state extended benefits.
22The Employment Development Department shall promptly notify
23the individual and any employer who prior to the determination
24has submitted any facts pursuant to Section 4654 of the
25determination and the reasons
therefor. The individual and this
26employer may appeal therefrom to an administrative law judge
27withinbegin delete 30end deletebegin insert 20end insert days from mailing or personal service of notice of
28the determinationbegin insert, for mailing or personal service that occurs
29before July 1, 2015end insert. Thebegin delete 30-dayend deletebegin insert 20-dayend insert period may be extended
30for good cause. The Director of Employment Development shall
31be an interested party to any appeal.
32“Good
end delete
33begin insert(bend insertbegin insert)end insertbegin insert end insertbegin insert“Goodend insert cause,” as used in this section, shall include, but not
34be limited to, mistake, inadvertence, surprise, or excusable neglect.
35(c) This section shall become inoperative on July 1, 2015, and,
36as of January 1, 2016, is repealed.
begin insertSection 4655 is added to the end insertbegin insertUnemployment Insurance
38Codeend insertbegin insert, to read:end insert
(a) The Employment Development Department shall
40consider the facts submitted by an employer pursuant to Section
P23 14654 and, if benefits are claimed subsequent to the filing of the
2federal-state extended benefits claim, make a determination as to
3the individual’s eligibility for the federal-state extended benefits.
4The Employment Development Department shall promptly notify
5the individual and any employer who prior to the determination
6has submitted any facts pursuant to Section 4654 of the
7determination and the reasons therefor. The individual and this
8employer may appeal therefrom to an administrative law judge
9within 30 days from mailing or personal service of notice of the
10determination, for mailing or personal service that occurs on or
11after July 1, 2015. The 30-day period may be extended for good
12cause.
The Director of Employment Development shall be an
13interested party to any appeal.
14(b) “Good cause,” as used in this section, shall include, but not
15be limited to, mistake, inadvertence, surprise, or excusable neglect.
16(c) This section shall become operative on July 1, 2015.
Section 4656 of the Unemployment Insurance Code
19 is amended to read:
begin insert(a)end insertbegin insert end insert Upon the filing of a valid application by an
21individual, the department shall promptly make a federal-state
22extended benefit award computation that shall set forth the
23maximum amount of federal-state extended benefits potentially
24payable during the extended benefit period, and the weekly benefit
25amount. The department shall promptly notify the individual of
26the computation. The individual may, withinbegin delete 30end deletebegin insert
20end insert days after the
27mailing or personal service of the notice of computation or
28recomputation,begin insert for mailing or personal service that occurs before
29July 1, 2015,end insert protest its accuracy. Thebegin delete 30-dayend deletebegin insert 20-dayend insert period may
30be extended for good cause. The department shall consider this
31protest and shall promptly notify the individual of the
32recomputation or denial of recomputation. An appeal may be taken
33from a notice of denial of recomputation in the manner provided
34in Section 4655. The director shall be an interested party to any
35appeal.
36“Good
end delete
37begin insert(bend insertbegin insert)end insertbegin insert end insertbegin insert“Goodend insert cause,” as used in this section, shall include, but not
38be limited to, mistake, inadvertence, surprise, or excusable neglect.
39(c) This section shall become inoperative on July 1, 2015, and,
40as of January 1, 2016, is repealed.
begin insertSection 4656 is added to the end insertbegin insertUnemployment Insurance
2Codeend insertbegin insert, to read:end insert
(a) Upon the filing of a valid application by an
4individual, the department shall promptly make a federal-state
5extended benefit award computation that shall set forth the
6maximum amount of federal-state extended benefits potentially
7payable during the extended benefit period, and the weekly benefit
8amount. The department shall promptly notify the individual of
9the computation. The individual may, within 30 days after the
10mailing or personal service of the notice of computation or
11recomputation, for mailing or personal service that occurs on or
12after July 1, 2015, protest its accuracy. The 30-day period may be
13extended for good cause. The department shall consider this protest
14and shall promptly notify the individual of the recomputation or
15denial of recomputation. An appeal may be taken from a notice of
16
denial of recomputation in the manner provided in Section 4655.
17The director shall be an interested party to any appeal.
18(b) “Good cause,” as used in this section, shall include, but not
19be limited to, mistake, inadvertence, surprise, or excusable neglect.
20(c) This section shall become operative July 1, 2015.
Section 4701 of the Unemployment Insurance Code
23 is amended to read:
(a) (1) An employer that is entitled under Section 4654
25to notice of the filing of an application or additional claim and
26who, within 10 days after mailing of the notice, submits to the
27department any facts within its possession disclosing whether the
28individual left the most recent employment with the employer
29voluntarily and without good cause or was discharged from the
30employment for misconduct connected with his or her work, or
31whether the claimant was a student employed on a temporary basis
32and whose employment began within, and ended with his or her
33leaving to return to school at the close of, his or her vacation
34period, or whether the claimant left the employer’s employ to
35accompany his or her spouse or domestic
partner to a place or to
36join him or her at a place from which it is impractical to commute
37to the employment, and to which a transfer of the claimant by the
38employer is not available, or whether the claimant’s discharge or
39quit from his or her most recent employer was the result of an
40irresistible compulsion to use or consume intoxicants, including
P25 1alcoholic beverages, or whether the claimant left the employer’s
2employ to protect his or her family or himself or herself from
3domestic violence abuse, or whether the claimant left the
4employer’s employ to take a substantially better job, shall be
5entitled to a ruling as prescribed by this section. The period during
6which the employer may submit these facts may be extended by
7the director for good cause.
8(2) For purposes of this section, “spouse” includes a person to
9whom marriage is
imminent, and “domestic partner” includes a
10person to whom a domestic partnership, as described in Section
11297 of the Family Code, is imminent.
12(b) The department shall consider the facts together with any
13information in its possession. If the employer is entitled to a
14determination pursuant to Section 4655, the department shall
15promptly issue to the employer its ruling as to the cause of the
16termination of the individual’s most recent employment. The
17employer may appeal from a ruling or reconsidered ruling to an
18administrative law judge withinbegin delete 30end deletebegin insert 20end insert days after mailing or
19personal service of notice of the ruling or reconsidered rulingbegin insert,
for
20mailing or personal service that occurs before July 1, 2015end insert. The
21begin delete 30-dayend deletebegin insert 20-dayend insert period may be extended for good cause, which shall
22include, but not be limited to, mistake, inadvertence, surprise, or
23excusable neglect. The director shall be an interested party to an
24appeal. The department may for good cause reconsider a ruling or
25reconsidered ruling within either five days after the date an appeal
26to an administrative law judge is filed or, if no appeal is filed,
27within 30 days after mailing or personal service of notice of the
28ruling or reconsidered ruling, except that a ruling or reconsidered
29ruling that relates to a determination that is reconsidered pursuant
30to subdivision (a) of Section 1332 may also be
reconsidered by
31the department within the time provided for reconsideration of that
32determination.
33(c) For purposes of this section only, if the claimant voluntarily
34leaves the employer’s employ without notification to the employer
35
of the reasons therefor, and if the employer submits all of the facts
36within its possession concerning the leaving within the applicable
37time period referred to in this section, the leaving shall be presumed
38to be without good cause.
39(d) An individual whose employment is terminated under the
40compulsory retirement provisions of a collective bargaining
P26 1agreement to which the employer is a party shall not be deemed
2to have voluntarily left his or her employment without good cause.
3(e) Rulings under this section shall have the effect prescribed
4by Section 1032.
5(f) This section shall become inoperative on July 1, 2015, and,
6as of January 1, 2016, is
repealed.
begin insertSection 4701 is added to the end insertbegin insertUnemployment Insurance
8Codeend insertbegin insert, to read:end insert
(a) (1) An employer that is entitled under Section 4654
10to notice of the filing of an application or additional claim and
11who, within 10 days after mailing of the notice, submits to the
12department any facts within its possession disclosing whether the
13individual left the most recent employment with the employer
14voluntarily and without good cause or was discharged from the
15employment for misconduct connected with his or her work, or
16whether the claimant was a student employed on a temporary basis
17and whose employment began within, and ended with his or her
18leaving to return to school at the close of, his or her vacation
19period, or whether the claimant left the employer’s employ to
20accompany his or her spouse or domestic partner to a place or to
21join him or her at a place from which it
is impractical to commute
22to the employment, and to which a transfer of the claimant by the
23employer is not available, or whether the claimant’s discharge or
24quit from his or her most recent employer was the result of an
25irresistible compulsion to use or consume intoxicants, including
26alcoholic beverages, or whether the claimant left the employer’s
27employ to protect his or her family or himself or herself from
28domestic violence abuse, or whether the claimant left the
29employer’s employ to take a substantially better job, shall be
30entitled to a ruling as prescribed by this section. The period during
31which the employer may submit these facts may be extended by
32the director for good cause.
33(2) For purposes of this section, “spouse” includes a person to
34whom marriage is imminent, and “domestic partner” includes a
35person to whom a domestic partnership, as described in Section
36297 of the Family Code, is imminent.
37(b) The department shall consider the facts together with any
38information in its possession. If the employer is entitled to a
39determination pursuant to Section 4655, the department shall
40promptly issue to the employer its ruling as to the cause of the
P27 1termination of the individual’s most recent employment. The
2employer may appeal from a ruling or reconsidered ruling to an
3administrative law judge within 30 days after mailing or personal
4service of notice of the ruling or reconsidered ruling, for mailing
5or personal service that occurs on or after July 1, 2015. The 30-day
6period may be extended for good cause, which shall include, but
7not be limited to, mistake, inadvertence, surprise, or excusable
8neglect. The director shall be an interested party to an appeal.
9The department may for good cause reconsider a ruling or
10reconsidered ruling within either five days after the date an appeal
11to an administrative law judge is filed or, if no appeal is
filed,
12within 30 days after mailing or personal service of notice of the
13ruling or reconsidered ruling, except that a ruling or reconsidered
14ruling that relates to a determination that is reconsidered pursuant
15to subdivision (a) of Section 1332 may also be reconsidered by
16the department within the time provided for reconsideration of
17that determination.
18(c) For purposes of this section only, if the claimant voluntarily
19leaves the employer’s employ without notification to the employer
20of the reasons therefor, and if the employer submits all of the facts
21within its possession concerning the leaving within the applicable
22time period referred to in this section, the leaving shall be
23presumed to be without good cause.
24(d) An individual whose employment is terminated under the
25compulsory retirement provisions of a collective bargaining
26agreement to which
the employer is a party shall not be deemed
27to have voluntarily left his or her employment without good cause.
28(e) Rulings under this section shall have the effect prescribed
29by Section 1032.
30(f) This section shall become operative on July 1, 2015.
O
97