House Study Bill 605 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF WORKFORCE DEVELOPMENT BILL) A BILL FOR An Act relating to certain notifications issued by the 1 department of workforce development concerning claims for 2 unemployment benefits. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5398DP (2) 88 je/rn
S.F. _____ H.F. _____ Section 1. Section 96.6, subsection 2, Code 2020, 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 days from 5 the date of mailing issuing the notice of the filing of the 6 claim by ordinary mail to the last known address to protest 7 payment of benefits to the claimant. All interested parties 8 shall select a format as specified by the department to receive 9 such notifications. The representative shall promptly examine 10 the claim and any protest, take the initiative to ascertain 11 relevant information concerning the claim, and, on the basis of 12 the facts found by the representative, shall determine whether 13 or not the claim is valid, the week with respect to which 14 benefits shall commence, the weekly benefit amount payable 15 and its maximum duration, and whether any disqualification 16 shall be imposed. The claimant has the burden of proving 17 that the claimant meets the basic eligibility conditions of 18 section 96.4 . The employer has the burden of proving that the 19 claimant is disqualified for benefits pursuant to section 96.5 , 20 except as provided by this subsection . The claimant has the 21 initial burden to produce evidence showing that the claimant 22 is not disqualified for benefits in cases involving section 23 96.5, subsections 10 and 11 , and has the burden of proving 24 that a voluntary quit pursuant to section 96.5, subsection 1 , 25 was for good cause attributable to the employer and that the 26 claimant is not disqualified for benefits in cases involving 27 section 96.5, subsection 1 , paragraphs “a” through “h” . Unless 28 the claimant or other interested party, after notification or 29 within ten calendar days after notification was mailed to the 30 claimant’s last known address issued , files an appeal from the 31 decision, the decision is final and benefits shall be paid or 32 denied in accordance with the decision. If an administrative 33 law judge affirms a decision of the representative, or the 34 appeal board affirms a decision of the administrative law judge 35 -1- LSB 5398DP (2) 88 je/rn 1/ 2
S.F. _____ H.F. _____ allowing benefits, the benefits shall be paid regardless of 1 any appeal which is thereafter taken, but if the decision is 2 finally reversed, no employer’s account shall be charged with 3 benefits so paid and this relief from charges shall apply to 4 both contributory and reimbursable employers, notwithstanding 5 section 96.8, subsection 5 . 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill strikes language providing that notifications of 10 interested parties that a claim for unemployment benefits has 11 been made be sent by ordinary mail. The bill instead provides 12 that such notifications shall be in a format as specified 13 by the department of workforce development selected by the 14 parties. 15 -2- LSB 5398DP (2) 88 je/rn 2/ 2