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Regular Session, 2013
HOUSE BILL NO. 303
BY REPRESENTATIVE DIXON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
UNEMPLOYMENT COMP: Provides for notice requirements in unemployment
compensation
AN ACT1
To amend and reenact R.S. 23:1629(A) and to enact R.S. 23:1599, relative to unemployment2
compensation; to provide with respect to notice requirements; to waive the3
requirement that certain notices be sent by certified mail; to shorten notice time4
period for appeals; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1629(A) is hereby amended and reenacted and R.S. 23:1599 is7
hereby enacted to read as follows:8
§1599. Waiver of certified mail requirement9
An employer, his duly authorized representative, or the claimant may waive10
the right under this Chapter to receive written notices or determinations by certified11
mail. The waiver shall be in writing and shall be mailed or transmitted electronically12
to the office of unemployment insurance administration within the Louisiana13
Workforce Commission. If the right to receive written notices and determinations14
by certified mail has been waived, written notices or determinations may be15
transmitted by first class mail or by electronic delivery. A notice or determination16
is deemed delivered when it has been mailed or electronically transmitted.17
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§1629. Appeals to appeal referee; time for filing; notice of hearing and decision1
A.(1) Within fifteen days after notification was given or was mailed to his2
last known address, the claimant or any other party entitled to notice of a3
determination may file an appeal from such determination with an appeal referee4
either by mailing such appeal, as evidenced by the postmarked date, or by delivering5
such appeal. The appeal referee shall mail a "notice to appear for a hearing" to all6
parties to the appeal at least ten seven days prior to the date of hearing, and copies7
of the statements by the claimant and employer, which were used in the appealed8
determination, shall be sent with such notice if requested.9
(2)(a) A party to an appeal may expressly waive the seven-day advance10
notice requirement by written waiver executed after the appeal has been filed.11
(b) A copy of the written waiver shall be included in the record.12
(3) Nothing in this Section shall be construed to dispense with the13
requirement that a "notice to appear for hearing" be mailed.14
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Dixon HB No. 303
Abstract: Reduces the time period for a "notice to appear for a hearing" to be mailed and
provides for the waiver of the requirement that written notices or determinations be
sent by certified mail.
Present law requires that certain notices and determinations be transmitted to parties in an
unemployment compensation case by certified mail.
Proposed law provides that an employer, his representative, or the claimant may waive the
right to recieve any notice or determination by certified mail.
Proposed law provides that the waiver shall be in writing and be mailed or submitted
electronically to La. Workforce Commission (LWC).
Proposed law provides that when the right to delivery by certified mail has been waived, the
parties may receive notices and determinations by first class mail or by electronic
transmission.
Proposed law provides that the notice or determination is deemed delivered when it has been
mailed or electronically transmitted. HLS 13RS-816 ENGROSSED
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are additions.
Present law provides that within 15 days of receiving notification of a determination that
a claimant is disqualified from collecting unemployment benefits, the claimant may file an
appeal.
Present law provides that the claimant may mail or deliver the appeal to the appeal tribunal.
Present law provides that the appeal tribunal shall mail a "notice to appear for a hearing" to
all parties to the appeal at least 10 days prior to the date of hearing.
Proposed law changes the time period allowed for the "notice to appear for a hearing" to be
mailed from 10 days to seven days.
Proposed law allows a party to the appeal to expressly waive the seven day advance notice
requirement by written waiver.
Proposed law requires that a copy of the written waiver be included in the record.
Proposed law provides that a waiver of the seven day advance notice does not extinguish the
requirement that a "notice to appear for a hearing" be sent.
(Amends R.S. 23:1629(A); Adds R.S. 23:1599)