1 | 1 | | 25 LC 46 1141 |
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2 | 2 | | House Bill 569 |
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3 | 3 | | By: Representatives Howard of the 71 |
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4 | 4 | | st |
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5 | 5 | | and Werkheiser of the 157 |
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6 | 6 | | th |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to |
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11 | 11 | | 1 |
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12 | 12 | | employment security, so as to revise certain notice provisions relating to benefits and2 |
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13 | 13 | | appeals; to provide a definition; to provide for related matters; to provide for an effective3 |
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14 | 14 | | date; to repeal conflicting laws; and for other purposes.4 |
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15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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16 | 16 | | SECTION 1.6 |
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17 | 17 | | Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment7 |
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18 | 18 | | security, is amended by adding a new Code section to read as follows:8 |
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19 | 19 | | "34-8-53. |
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20 | 20 | | 9 |
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21 | 21 | | As used in this chapter, the term 'issue date' means the date on which the department10 |
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22 | 22 | | releases a determination or decision to an interested party by mail, hand delivery, or with11 |
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23 | 23 | | the consent of the party, electronically. The issue date shall be printed on a determination12 |
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24 | 24 | | or decision issued by the department. Through the promulgation of administrative rules,13 |
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25 | 25 | | the Commissioner is authorized to waive, alter, extend, or set aside the time limit14 |
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26 | 26 | | provisions of the law by which a determination or decision of the department becomes15 |
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27 | 27 | | H. B. 569 |
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28 | 28 | | - 1 - 25 LC 46 1141 |
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29 | 29 | | final; provided, however, that any such rule shall be consistent with due process to all16 |
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30 | 30 | | interested parties, and the purpose and policy of this chapter."17 |
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31 | 31 | | SECTION 2.18 |
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32 | 32 | | Said chapter is further amended by revising subsection (c) of Code Section 34-8-192, relating19 |
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33 | 33 | | to initial determination and redetermination of eligibility for, amount of, and duration of20 |
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34 | 34 | | benefits, as follows:21 |
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35 | 35 | | "(c) A determination shall be final unless a party entitled to notice applies for22 |
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36 | 36 | | reconsideration of the determination or appeals the determination within 15 days after the23 |
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37 | 37 | | notice was mailed to the party's last known address or otherwise delivered to the party issue24 |
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38 | 38 | | date printed on the determination. Before a determination becomes final as provided in this25 |
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39 | 39 | | Code section, the Commissioner may issue a redetermination if good cause is shown. Such26 |
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40 | 40 | | redetermination is subject to further appeal by any party entitled to notice as provided in27 |
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41 | 41 | | this chapter."28 |
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42 | 42 | | SECTION 3.29 |
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43 | 43 | | Said chapter is further amended by revising subsection (b) of Code Section 34-8-220, relating30 |
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44 | 44 | | to appointment of hearing officers to hear and decide appealed decisions, as follows:31 |
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45 | 45 | | "(b) Unless an appeal is withdrawn, an administrative hearing officer, after affording the32 |
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46 | 46 | | parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact33 |
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47 | 47 | | and initial determination or shall make a decision after hearing on issues referred by the34 |
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48 | 48 | | Commissioner pursuant to subsection (b) of Code Section 34-8-192. The parties shall be35 |
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49 | 49 | | duly notified of such decision, together with the reasons therefor, which shall be deemed36 |
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50 | 50 | | to be the final decision of the Commissioner, unless within 15 days after the date of37 |
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51 | 51 | | notification or mailing of such decision issue date printed on the decision further appeal is38 |
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52 | 52 | | initiated pursuant to subsection (a) of Code Section 34-8-221."39 |
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53 | 53 | | H. B. 569 |
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54 | 54 | | - 2 - 25 LC 46 1141 |
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55 | 55 | | SECTION 4. |
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56 | 56 | | 40 |
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57 | 57 | | Said chapter is further amended by revising subsections (a) and (b) of Code Section41 |
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58 | 58 | | 34-8-221, relating to review of decision of hearing officer by board of review, as follows:42 |
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59 | 59 | | "(a) The board of review may on its own motion affirm, modify, or set aside any decision43 |
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60 | 60 | | of an administrative hearing officer on the basis of the evidence previously submitted in44 |
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61 | 61 | | such case or direct the taking of additional evidence or may permit any of the parties to45 |
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62 | 62 | | such decision to initiate further appeals before the board of review. The board of review46 |
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63 | 63 | | shall promptly notify the parties to any proceedings of its findings and decision. The47 |
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64 | 64 | | decision of the board shall become final 15 days from the date the decision is mailed to the |
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65 | 65 | | 48 |
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66 | 66 | | parties after the issue date printed on the decision.49 |
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67 | 67 | | (b) The board of review may, in its discretion and on its own motion, reconsider its50 |
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68 | 68 | | decision at any time within 15 days from the date the decision is mailed to the parties issue51 |
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69 | 69 | | date printed on the decision. The board shall notify all concerned parties of its intent to52 |
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70 | 70 | | reconsider a final decision. Such notice shall stay the process of judicial review until a53 |
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71 | 71 | | final decision is released by the board."54 |
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72 | 72 | | SECTION 5.55 |
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73 | 73 | | Said chapter is further amended by revising subsection (a) of Code Section 34-8-223, relating 56 |
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74 | 74 | | to procedure for judicial review of final decision of board of review, as follows:57 |
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75 | 75 | | "(a) Any decision of the board of review, in the absence of a reconsideration as provided58 |
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76 | 76 | | in subsection (b) of Code Section 34-8-221, shall become final 15 days after the date of59 |
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77 | 77 | | notification or mailing issue date printed on the decision. Judicial review shall be60 |
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78 | 78 | | permitted only after any party claiming to be aggrieved thereby has exhausted his or her61 |
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79 | 79 | | administrative remedies as provided by this chapter. The Commissioner shall be deemed62 |
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80 | 80 | | to be a party to any judicial action involving any such decision and shall be represented in63 |
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81 | 81 | | any such judicial action by the Attorney General."64 |
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82 | 82 | | H. B. 569 |
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83 | 83 | | - 3 - 25 LC 46 1141 |
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84 | 84 | | SECTION 6. |
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85 | 85 | | 65 |
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86 | 86 | | This Act shall become effective on January 1, 2026.66 |
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87 | 87 | | SECTION 7.67 |
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88 | 88 | | All laws and parts of laws in conflict with this Act are repealed.68 |
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89 | 89 | | H. B. 569 |
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90 | 90 | | - 4 - |
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