Text: SF00491 Text: SF00493 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 492 1 2 1 3 AN ACT 1 4 RELATING TO UNEMPLOYMENT COMPENSATION BENEFITS CONCERNING 1 5 PROOF OF WHETHER A PERSON HAS VOLUNTARILY QUIT EMPLOYMENT. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 96.6, subsection 2, Code 1997, is 1 10 amended to read as follows: 1 11 2. INITIAL DETERMINATION. A representative designated by 1 12 the director shall promptly notify all interested parties to 1 13 the claim of its filing, and the parties have ten days from 1 14 the date of mailing the notice of the filing of the claim by 1 15 ordinary mail to the last known address to protest payment of 1 16 benefits to the claimant. The representative shall promptly 1 17 examine the claim and any protest, take the initiative to 1 18 ascertain relevant information concerning the claim, and, on 1 19 the basis of the facts found by the representative, shall 1 20 determine whether or not the claim is valid, the week with 1 21 respect to which benefits shall commence, the weekly benefit 1 22 amount payable and its maximum duration, and whether any 1 23 disqualification shall be imposed. The claimant has the 1 24 burden of proving that the claimant meets the basic 1 25 eligibility conditions of section 96.4. The employer has the 1 26 burden of proving that the claimant is disqualified for 1 27 benefits pursuant to section 96.5, except as provided by this 1 28 subsection.However, theThe claimant has the initial burden 1 29 to produce evidence showing that the claimant is not 1 30 disqualified for benefits in cases involving section 96.5, 1 31subsection 1, paragraphs "a" through "h", andsubsection 10, 1 32 and has the burden of proving that a voluntary quit pursuant 1 33 to section 96.5, subsection 1, was for good cause attributable 1 34 to the employer and that the claimant is not disqualified for 1 35 benefits in cases involving section 96.5, subsection 1, 2 1 paragraphs "a" through "h". Unless the claimant or other 2 2 interested party, after notification or within ten calendar 2 3 days after notification was mailed to the claimant's last 2 4 known address, files an appeal from the decision, the decision 2 5 is final and benefits shall be paid or denied in accordance 2 6 with the decision. If an administrative law judge affirms a 2 7 decision of the representative, or the appeal board affirms a 2 8 decision of the administrative law judge allowing benefits, 2 9 the benefits shall be paid regardless of any appeal which is 2 10 thereafter taken, but if the decision is finally reversed, no 2 11 employer's account shall be charged with benefits so paid and 2 12 this relief from charges shall apply to both contributory and 2 13 reimbursable employers, notwithstanding section 96.8, 2 14 subsection 5. 2 15 2 16 2 17 2 18 MARY E. KRAMER 2 19 President of the Senate 2 20 2 21 2 22 2 23 RON J. CORBETT 2 24 Speaker of the House 2 25 2 26 I hereby certify that this bill originated in the Senate and 2 27 is known as Senate File 492, Seventy-seventh General Assembly. 2 28 2 29 2 30 2 31 MARY PAT GUNDERSON 2 32 Secretary of the Senate 2 33 Approved , 1998 2 34 2 35 3 1 3 2 TERRY E. BRANSTAD 3 3 Governor
Text: SF00491 Text: SF00493 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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