Georgia 2025-2026 Regular Session

Georgia House Bill HB569 Compare Versions

Only one version of the bill is available at this time.
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11 25 LC 46 1141
22 House Bill 569
33 By: Representatives Howard of the 71
44 st
55 and Werkheiser of the 157
66 th
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to
1111 1
1212 employment security, so as to revise certain notice provisions relating to benefits and2
1313 appeals; to provide a definition; to provide for related matters; to provide for an effective3
1414 date; to repeal conflicting laws; and for other purposes.4
1515 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
1616 SECTION 1.6
1717 Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment7
1818 security, is amended by adding a new Code section to read as follows:8
1919 "34-8-53.
2020 9
2121 As used in this chapter, the term 'issue date' means the date on which the department10
2222 releases a determination or decision to an interested party by mail, hand delivery, or with11
2323 the consent of the party, electronically. The issue date shall be printed on a determination12
2424 or decision issued by the department. Through the promulgation of administrative rules,13
2525 the Commissioner is authorized to waive, alter, extend, or set aside the time limit14
2626 provisions of the law by which a determination or decision of the department becomes15
2727 H. B. 569
2828 - 1 - 25 LC 46 1141
2929 final; provided, however, that any such rule shall be consistent with due process to all16
3030 interested parties, and the purpose and policy of this chapter."17
3131 SECTION 2.18
3232 Said chapter is further amended by revising subsection (c) of Code Section 34-8-192, relating19
3333 to initial determination and redetermination of eligibility for, amount of, and duration of20
3434 benefits, as follows:21
3535 "(c) A determination shall be final unless a party entitled to notice applies for22
3636 reconsideration of the determination or appeals the determination within 15 days after the23
3737 notice was mailed to the party's last known address or otherwise delivered to the party issue24
3838 date printed on the determination. Before a determination becomes final as provided in this25
3939 Code section, the Commissioner may issue a redetermination if good cause is shown. Such26
4040 redetermination is subject to further appeal by any party entitled to notice as provided in27
4141 this chapter."28
4242 SECTION 3.29
4343 Said chapter is further amended by revising subsection (b) of Code Section 34-8-220, relating30
4444 to appointment of hearing officers to hear and decide appealed decisions, as follows:31
4545 "(b) Unless an appeal is withdrawn, an administrative hearing officer, after affording the32
4646 parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact33
4747 and initial determination or shall make a decision after hearing on issues referred by the34
4848 Commissioner pursuant to subsection (b) of Code Section 34-8-192. The parties shall be35
4949 duly notified of such decision, together with the reasons therefor, which shall be deemed36
5050 to be the final decision of the Commissioner, unless within 15 days after the date of37
5151 notification or mailing of such decision issue date printed on the decision further appeal is38
5252 initiated pursuant to subsection (a) of Code Section 34-8-221."39
5353 H. B. 569
5454 - 2 - 25 LC 46 1141
5555 SECTION 4.
5656 40
5757 Said chapter is further amended by revising subsections (a) and (b) of Code Section41
5858 34-8-221, relating to review of decision of hearing officer by board of review, as follows:42
5959 "(a) The board of review may on its own motion affirm, modify, or set aside any decision43
6060 of an administrative hearing officer on the basis of the evidence previously submitted in44
6161 such case or direct the taking of additional evidence or may permit any of the parties to45
6262 such decision to initiate further appeals before the board of review. The board of review46
6363 shall promptly notify the parties to any proceedings of its findings and decision. The47
6464 decision of the board shall become final 15 days from the date the decision is mailed to the
6565 48
6666 parties after the issue date printed on the decision.49
6767 (b) The board of review may, in its discretion and on its own motion, reconsider its50
6868 decision at any time within 15 days from the date the decision is mailed to the parties issue51
6969 date printed on the decision. The board shall notify all concerned parties of its intent to52
7070 reconsider a final decision. Such notice shall stay the process of judicial review until a53
7171 final decision is released by the board."54
7272 SECTION 5.55
7373 Said chapter is further amended by revising subsection (a) of Code Section 34-8-223, relating 56
7474 to procedure for judicial review of final decision of board of review, as follows:57
7575 "(a) Any decision of the board of review, in the absence of a reconsideration as provided58
7676 in subsection (b) of Code Section 34-8-221, shall become final 15 days after the date of59
7777 notification or mailing issue date printed on the decision. Judicial review shall be60
7878 permitted only after any party claiming to be aggrieved thereby has exhausted his or her61
7979 administrative remedies as provided by this chapter. The Commissioner shall be deemed62
8080 to be a party to any judicial action involving any such decision and shall be represented in63
8181 any such judicial action by the Attorney General."64
8282 H. B. 569
8383 - 3 - 25 LC 46 1141
8484 SECTION 6.
8585 65
8686 This Act shall become effective on January 1, 2026.66
8787 SECTION 7.67
8888 All laws and parts of laws in conflict with this Act are repealed.68
8989 H. B. 569
9090 - 4 -