Amended in Assembly June 19, 2014

Amended in Assembly June 4, 2014

Amended in Senate May 7, 2014

Senate Bill No. 1314

Introduced by Senator Monning

February 21, 2014

An act to amend, repeal, and add Sections 1030, 1032.5, 1328, 1330, 1332, 1334, 1377, 3654.4, 3655, 3656, 3701, 4655, 4656, and 4701 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 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 begin delete days after mailing a notice of determination, for those mailings that occur end delete begin insert days, end insert on or after July 1, 2015.

(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, on and after July 1, 2015, extend the deadline for appeal to the board to 30 days.

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

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

SECTION 1.  

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

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 20 days after mailing or personal
service of notice of the ruling or reconsidered begin delete ruling, for mailing
or personal service that occurs before July 1, 2015. end delete begin insert ruling. end insert The
20-day 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 30 end delete begin insert 20 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.

(g) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 2.  

Section 1030 is added to the Unemployment Insurance
Code, to read:

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 30 days after mailing or personal
service of notice of the ruling or reconsidered begin delete ruling, for mailing
or personal service that occurs on or after July 1, 2015. end delete begin insert ruling. end insert The
30-day 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
30 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 begin delete section end delete begin insert section, end insert “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.

(g) This section shall become operative on July 1, 2015.

SEC. 3.  

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

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 20 days after mailing or personal service of notice
of the ruling or reconsidered begin delete ruling, for mailing or personal service
that occurs before July 1, 2015. end delete begin insert ruling. end insert The 20-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. 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 30 end delete begin insert 20 end insert days after
mailing or personal service of the notice of the ruling or
reconsidered ruling.

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 4.  

Section 1032.5 is added to the Unemployment
Insurance Code, to read:

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 30 days after mailing or personal service of notice
of the ruling or reconsidered begin delete ruling, for mailing or personal service
that occurs on and after July 1, 2015. end delete begin insert ruling. end insert 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. 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 30
days after mailing or personal service of the notice of the ruling
or reconsidered begin delete ruling, for mailing or personal service occurring
on or after July 1, 2015. end delete begin insert ruling. end insert

(c) This section shall become operative on July 1, 2015.

SEC. 5.  

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

1328.  

(a) 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
20 days from mailing or personal service of notice of the
determination or reconsidered begin delete determination, for mailing or
personal service that occurs before July 1, 2015. end delete begin insert determination. end insert
The 20-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.

(b) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 6.  

Section 1328 is added to the Unemployment Insurance
Code, to read:

1328.  

(a) 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 begin delete determination, for mailing or
personal service that occurs on or after July 1, 2015. end delete begin insert determination. end insert
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.

(b) This section shall become operative on July 1, 2015.

SEC. 7.  

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

1330.  

(a) The claimant and any base period employer to whom
a notice of computation or recomputation is given may, within 20
days after the mailing or personal service of the notice, protest the
accuracy of the computation or begin delete recomputation, for mailing or
personal service that occurs before July 1, 2015. end delete begin insert recomputation. end insert
The 20-day period may be extended for good cause. The
department shall consider this 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.

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

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 8.  

Section 1330 is added to the Unemployment Insurance
Code, to read:

1330.  

(a) The claimant and any base period employer to whom
a notice of computation or recomputation is given may, within 30
days after the mailing or personal service of the notice, protest the
accuracy of the computation or begin delete recomputation, for mailing or
personal service that occurs on or after July 1, 2015. end delete begin insert recomputation. end insert
The 30-day period may be extended for good cause. The
department shall consider this 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.

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

(c) This section shall become operative on July 1, 2015.

SEC. 9.  

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

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 20 days after
mailing or personal service of the notice of begin delete determination, for
mailing or personal service that occurs before July 1, 2015. end delete
begin insert determination. end insert The department may, if a claimant has not filed an
appeal to an administrative law judge from any determination that
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 that 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.

(d) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 10.  

Section 1332 is added to the Unemployment Insurance
Code, to read:

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 30 days after
mailing or personal service of the notice of begin delete determination, for
mailing or personal service that occurs on or after July 1, 2015. end delete
begin insert determination. end insert The department may, if a claimant has not filed an
appeal to an administrative law judge from any determination that
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 that 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.

(d) This section shall become operative on July 1, 2015.

SEC. 11.  

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 the appeal is
withdrawn, affirm, reverse, modify, or set aside any determination
that 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 20 days after mailing of
the decision, begin delete for mailing that occurs before July 1, 2015, end delete further
appeal is initiated to the appeals board pursuant to Section 1336.
The 20-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.

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 12.  

Section 1334 is added to the Unemployment Insurance
Code, to read:

1334.  

(a) An administrative law judge after affording a
reasonable opportunity for fair hearing, shall, unless the appeal is
withdrawn, affirm, reverse, modify, or set aside any determination
that 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, begin delete for mailing that occurs on or after July 1, 2015, end delete 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.

(c) This section shall become operative on July 1, 2015.

SEC. 13.  

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

1377.  

(a) Within 20 days from the date of mailing or serving
of the notice of overpayment, begin delete for mailing or serving that occurs
before July 1, 2015, end delete 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 or her reasons therefor, which shall be final unless within
20 days from the date of notification or mailing of the decision a
further appeal is initiated to the appeals board pursuant to begin delete Section
1336, for notification or mailing that occurs before July 1, 2015. end delete
begin insert Section 1336. end insert The 20-day period for an appeal to the administrative
law judge or to the appeals board 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.

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 14.  

Section 1377 is added to the Unemployment Insurance
Code, to read:

1377.  

(a) Within 30 days from the date of mailing or serving
of the notice of overpayment, begin delete for mailing or serving that occurs
on or after July 1, 2015, end delete 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, begin delete shall end delete begin insert shall, end insert
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 or her reasons therefor, which shall be
final unless within 30 days from the date of notification or mailing
of the decision a further appeal is initiated to the appeals board
pursuant to begin delete Section 1336, for notification or mailing that occurs
on or after July 1, 2015. end delete begin insert Section 1336. end insert The 30-day period for an
appeal to the administrative law judge or to the appeals board 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.

(c) This section shall become operative on July 1, 2015.

SEC. 15.  

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

3654.4.  

(a) 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 the employing unit may appeal therefrom to an
administrative law judge within 20 days from mailing or personal
service of notice of the begin delete determination, for mailing or personal
service that occurs before July 1, 2015. end delete begin insert determination. end insert The 20-day
period may be extended for good cause. The director shall be an
interested party to any appeal.

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

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 16.  

Section 3654.4 is added to the Unemployment
Insurance Code, to read:

3654.4.  

(a) 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 the employing unit may appeal therefrom to an
administrative law judge within 30 days from mailing or personal
service of notice of the begin delete determination, for mailing or personal
service that occurs on or after July 1, 2015. end delete begin insert determination. end insert The
30-day period may be extended for good cause. The director shall
be an interested party to any appeal.

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

(c) This section shall become operative on July 1, 2015.

SEC. 17.  

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

3655.  

(a) 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 this employer may
appeal therefrom to an administrative law judge within 20 days
from mailing or personal service of notice of the begin delete determination,
for mailing or personal service that occurs before July 1, 2015. end delete
begin insert determination. end insert The 20-day period may be extended for good cause.
The Director of Employment Development shall be an interested
party to any appeal.

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

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 18.  

Section 3655 is added to the Unemployment Insurance
Code, to read:

3655.  

(a) 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 this employer may
appeal therefrom to an administrative law judge within 30 days
from mailing or personal service of notice of the begin delete determination,
for mailing or personal service that occurs on or after July 1, 2015. end delete
begin insert determination. end insert The 30-day period may be extended for good cause.
The Director of Employment Development shall be an interested
party to any appeal.

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

(c) This section shall take effect on July 1, 2015.

SEC. 19.  

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

3656.  

(a) Upon the filing of a valid primary claim by an
exhaustee, the department shall promptly make an extended
duration award computation that 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. The
exhaustee may, within 20 days after the mailing or personal service
of the notice of computation, begin delete for mailing or personal service that
occurs before July 1, 2015, end delete protest its accuracy. The 20-day period
may be extended for good cause. The department shall consider
the 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.

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

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 20.  

Section 3656 is added to the Unemployment Insurance
Code, to read:

3656.  

(a) Upon the filing of a valid primary claim by an
exhaustee, the department shall promptly make an extended
duration award computation that 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. The
exhaustee may, within 30 days after the mailing or personal service
of the notice of computation, begin delete for mailing or personal service that
occurs on or after July 1, 2015, end delete protest its accuracy. The 30-day
period may be extended for good cause. The department shall
consider the 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.

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

(c) This section shall take effect on July 1, 2015.

SEC. 21.  

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

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 20 days after mailing or personal
service of notice of the ruling or reconsidered begin delete ruling, for mailing
or personal service that occurs before July 1, 2015. end delete begin insert ruling. end insert The
20-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 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
20 days after mailing or personal service of notice of the ruling or
reconsidered ruling, begin delete for mailing or personal service that occurs
before July 1, 2015, end delete except that a ruling or reconsidered ruling that
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.

(f) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 22.  

Section 3701 is added to the Unemployment Insurance
Code, to read:

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 30 days after mailing or personal
service of notice of the ruling or reconsidered begin delete ruling, for mailing
or personal service that occurs on or after July 1, 2015. end delete begin insert ruling. end insert 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 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
30 days after mailing or personal service of notice of the ruling or
reconsidered ruling, begin delete for mailing or personal service that occurs on
or after July 1, 2015, end delete except that a ruling or reconsidered ruling
that 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.

(f) This section shall become operative on July 1, 2015.

SEC. 23.  

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

4655.  

(a) 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 this
employer may appeal therefrom to an administrative law judge
within 20 days from mailing or personal service of notice of the begin delete determination, for mailing or personal service that occurs before
July 1, 2015. end delete begin insert determination. end insert The 20-day period may be extended
for good cause. The Director of Employment Development shall
be an interested party to any appeal.

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

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 24.  

Section 4655 is added to the Unemployment Insurance
Code, to read:

4655.  

(a) 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 this
employer may appeal therefrom to an administrative law judge
within 30 days from mailing or personal service of notice of the begin delete determination, for mailing or personal service that occurs on or
after July 1, 2015. end delete begin insert determination. end insert The 30-day period may be
extended for good cause. The Director of Employment
Development shall be an interested party to any appeal.

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

(c) This section shall become operative on July 1, 2015.

SEC. 25.  

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

4656.  

(a) Upon the filing of a valid application by an
individual, the department shall promptly make a federal-state
extended benefit award computation that 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. The individual may, within 20 days after the
mailing or personal service of the notice of computation or
recomputation, begin delete for mailing or personal service that occurs before
July 1, 2015, end delete protest its accuracy. The 20-day period may be
extended for good cause. The department shall consider this 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.

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

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 26.  

Section 4656 is added to the Unemployment Insurance
Code, to read:

4656.  

(a) Upon the filing of a valid application by an
individual, the department shall promptly make a federal-state
extended benefit award computation that 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. The individual may, within 30 days after the
mailing or personal service of the notice of computation or
recomputation, begin delete for mailing or personal service that occurs on or
after July 1, 2015, end delete protest its accuracy. The 30-day period may be
extended for good cause. The department shall consider this 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.

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

(c) This section shall become operative begin insert on end insert July 1, 2015.

SEC. 27.  

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

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 20 days after mailing or personal
service of notice of the ruling or reconsidered begin delete ruling, for mailing
or personal service that occurs before July 1, 2015. end delete begin insert ruling. end insert The
20-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 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 30 end delete
begin insert 20 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.

(f) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed.

SEC. 28.  

Section 4701 is added to the Unemployment Insurance
Code, to read:

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 30 days after mailing or personal
service of notice of the ruling or reconsidered begin delete ruling, for mailing
or personal service that occurs on or after July 1, 2015. end delete begin insert ruling. end insert 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 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 30
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.

(f) This section shall become operative on July 1, 2015.