Louisiana 2013 2013 Regular Session

Louisiana House Bill HB303 Comm Sub / Analysis

                    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.
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)