California Senate Bill SB1314 Introduced / Bill

 BILL NUMBER: SB 1314INTRODUCED BILL TEXT INTRODUCED BY Senator Monning FEBRUARY 21, 2014 An act to amend Sections 1328 and 1334 of the Unemployment Insurance Code, relating to unemployment insurance. LEGISLATIVE COUNSEL'S DIGEST SB 1314, as introduced, Monning. Unemployment insurance benefits: determination: appeals. (1) Existing law requires the Employment Development Department to pay unemployment compensation benefits to eligible claimants. Existing law requires the department to promptly notify, among others, the claimant of the determination of the claimant's eligibility for benefits, as specified. Existing law authorizes an appeal from a determination or reconsidered determination to an administrative law judge within 20 days of the notice of the determination or reconsidered determination, as specified. This bill would extend the deadline for appeal to an administrative law judge to 30 days. (2) Existing law requires an administrative law judge to affirm, reverse, modify, or set aside an appeal of a determination of eligibility for benefits and requires the administrative law judge to notify certain parties of the decision, as specified. This decision becomes final unless a further appeal is initiated to the California Unemployment Insurance Appeals Board within 20 days, as specified. This bill would extend the deadline for appeal to the board to 30 days. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1328 of the Unemployment Insurance Code is amended to read: 1328. The department shall consider the facts submitted by an employer pursuant to Section 1327 and make a determination as to the claimant's eligibility for benefits. The department shall promptly notify the claimant and any employer who  prior to   before  the determination has submitted  any  facts or given  any  notice pursuant to Section 1327 or this section and authorized regulations of the determination or reconsidered determination and the reasons therefor.  If   If,  after notice of a determination or reconsidered  determination   determination,  the employing unit acquires knowledge of facts  which   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  any such   the  employer may appeal from a determination or reconsidered determination to an administrative law judge within  20 days   30 days  from mailing or personal service of notice of the determination or reconsidered determination. The  20-day   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. SEC. 2. 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 such appeal is withdrawn, affirm, reverse, modify, or set aside any determination which is appealed under this article. The claimant,  any   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  his  reasons  therefor   for it  . The decision shall be final unless, within  20 days   30 days  after mailing of  such   the  decision, further appeal is initiated to the appeals board pursuant to Section 1336. The  20-day   30-day  limitation may be extended for good cause.  "Good   (b)     "Good  cause," as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.