Senate File 2128 - Introduced SENATE FILE 2128 BY BROWN A BILL FOR An Act relating to notices by the department of workforce 1 development regarding claims for unemployment benefits. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5663XS (2) 87 je/rj

S.F. 2128 Section 1. Section 96.6, subsection 2, Code 2018, is amended 1 to read as follows: 2 2. Initial determination. A representative designated by 3 the director shall promptly notify all interested parties to 4 the claim of its filing, and the parties have ten calendar 5 days from the date of mailing receipt of the notice of the 6 filing of the claim sent by ordinary certified mail to the 7 last known address to protest payment of benefits to the 8 claimant. The representative shall promptly examine the claim 9 and any protest, take the initiative to ascertain relevant 10 information concerning the claim, and, on the basis of the 11 facts found by the representative, shall determine whether 12 or not the claim is valid, the week with respect to which 13 benefits shall commence, the weekly benefit amount payable 14 and its maximum duration, and whether any disqualification 15 shall be imposed. The claimant has the burden of proving 16 that the claimant meets the basic eligibility conditions of 17 section 96.4 . The employer has the burden of proving that the 18 claimant is disqualified for benefits pursuant to section 96.5 , 19 except as provided by this subsection . The claimant has the 20 initial burden to produce evidence showing that the claimant 21 is not disqualified for benefits in cases involving section 22 96.5, subsections 10 and 11 , and has the burden of proving 23 that a voluntary quit pursuant to section 96.5, subsection 1 , 24 was for good cause attributable to the employer and that the 25 claimant is not disqualified for benefits in cases involving 26 section 96.5, subsection 1 , paragraphs “a” through “h” . Unless 27 the claimant or other interested party, after notification 28 or within ten calendar days after the date notification was 29 mailed to the claimant’s last known address received by mail , 30 files an appeal from the decision, the decision is final 31 and benefits shall be paid or denied in accordance with the 32 decision. If an administrative law judge affirms a decision of 33 the representative, or the appeal board affirms a decision of 34 the administrative law judge allowing benefits, the benefits 35 -1- LSB 5663XS (2) 87 je/rj 1/ 2

S.F. 2128 shall be paid regardless of any appeal which is thereafter 1 taken, but if the decision is finally reversed, no employer’s 2 account shall be charged with benefits so paid and this relief 3 from charges shall apply to both contributory and reimbursable 4 employers, notwithstanding section 96.8, subsection 5 . 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill requires the department of workforce development 9 to send notifications that a claim for unemployment benefits 10 has been filed to parties to the claim by certified mail rather 11 than ordinary mail as required under current law. 12 The bill also gives parties to a claim 10 days from the 13 date notification of the department’s decision on the claim is 14 received to appeal the decision. Current law requires that an 15 appeal be filed after a claimant or other interested party is 16 notified or 10 days after the notification was mailed to the 17 claimant’s last known address. 18 -2- LSB 5663XS (2) 87 je/rj 2/ 2