Text: SF00303 Text: SF00305 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 96.6, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. INITIAL DETERMINATION. A representative designated by 1 4 the director shall promptly notify all interested parties to 1 5 the claim of its filing, and the parties have ten days from 1 6 the date of mailing the notice of the filing of the claim by 1 7 ordinary mail to the last known address to protest payment of 1 8 benefits to the claimant. The representative shall promptly 1 9 examine the claim and any protest, take the initiative to 1 10 ascertain relevant information concerning the claim, and, on 1 11 the basis of the facts found by the representative, shall 1 12 determine whether or not the claim is valid, the week with 1 13 respect to which benefits shall commence, the weekly benefit 1 14 amount payable and its maximum duration, and whether any 1 15 disqualification shall be imposed. The claimant has the 1 16 burden of proving that the claimant meets the basic 1 17 eligibility conditions of section 96.4. The employer has the 1 18 burden of proving that the claimant is disqualified for 1 19 benefits pursuant to section 96.5. However, the claimant has 1 20 the initial burden to produce evidence showing that the 1 21 claimant is not disqualified for benefits in cases involving 1 22 section 96.5,subsection 1, paragraphs "a" through "h", and1 23 subsection 10, and has the burden of proving that a voluntary 1 24 quit pursuant to section 96.5, subsection 1, was for good 1 25 cause attributable to the employer and that the claimant is 1 26 not disqualified for benefits in cases involving section 96.5, 1 27 subsection 1, paragraphs "a" through "h". Unless the claimant 1 28 or other interested party, after notification or within ten 1 29 calendar days after notification was mailed to the claimant's 1 30 last known address, files an appeal from the decision, the 1 31 decision is final and benefits shall be paid or denied in 1 32 accordance with the decision. If an administrative law judge 1 33 affirms a decision of the representative, or the appeal board 1 34 affirms a decision of the administrative law judge allowing 1 35 benefits, the benefits shall be paid regardless of any appeal 2 1 which is thereafter taken, but if the decision is finally 2 2 reversed, no employer's account shall be charged with benefits 2 3 so paid and this relief from charges shall apply to both 2 4 contributory and reimbursable employers, notwithstanding 2 5 section 96.8, subsection 5. 2 6 EXPLANATION 2 7 This bill provides that a claimant seeking unemployment 2 8 benefits has the burden of proving, to establish that the 2 9 claimant is not disqualified for benefits, that if the 2 10 claimant voluntarily quit employment, it was for good cause 2 11 attributable to the employer and that the claimant is 2 12 otherwise eligible for benefits pursuant to an exception to a 2 13 disqualification for benefits for voluntarily quitting work as 2 14 provided in Code section 96.5, subsection 1, paragraphs "a" 2 15 through "h". 2 16 Current law provides that the claimant only has the initial 2 17 burden to produce evidence showing that the claimant is 2 18 otherwise eligible for benefits pursuant to an exception to a 2 19 disqualification for benefits for voluntarily quitting work as 2 20 provided in Code section 96.5, subsection 1, paragraphs "a" 2 21 through "h". 2 22 LSB 2037SS 77 2 23 ec/jw/5
Text: SF00303 Text: SF00305 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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