Senate File 34 - Introduced SENATE FILE 34 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 1031XS (5) 88 je/rn

S.F. 34 Section 1. Section 96.6, subsection 2, Code 2019, 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 6 the filing of the claim by ordinary mail to the last known 7 address to protest payment of benefits to the claimant. The 8 department shall offer the option of receiving such notices 9 by certified mail to the last known address or by electronic 10 mail. The representative shall promptly examine the claim 11 and any protest, take the initiative to ascertain relevant 12 information concerning the claim, and, on the basis of the 13 facts found by the representative, shall determine whether 14 or not the claim is valid, the week with respect to which 15 benefits shall commence, the weekly benefit amount payable 16 and its maximum duration, and whether any disqualification 17 shall be imposed. The claimant has the burden of proving 18 that the claimant meets the basic eligibility conditions of 19 section 96.4 . The employer has the burden of proving that the 20 claimant is disqualified for benefits pursuant to section 96.5 , 21 except as provided by this subsection . The claimant has the 22 initial burden to produce evidence showing that the claimant 23 is not disqualified for benefits in cases involving section 24 96.5, subsections 10 and 11 , and has the burden of proving 25 that a voluntary quit pursuant to section 96.5, subsection 1 , 26 was for good cause attributable to the employer and that the 27 claimant is not disqualified for benefits in cases involving 28 section 96.5, subsection 1 , paragraphs “a” through “h” . Unless 29 the claimant or other interested party, after notification 30 or within ten calendar days after the date notification was 31 mailed to the claimant’s last known address received , files an 32 appeal from the decision, the decision is final and benefits 33 shall be paid or denied in accordance with the decision. 34 If an administrative law judge affirms a decision of the 35 -1- LSB 1031XS (5) 88 je/rn 1/ 2

S.F. 34 representative, or the appeal board affirms a decision of the 1 administrative law judge allowing benefits, the benefits shall 2 be paid regardless of any appeal which is thereafter taken, 3 but if the decision is finally reversed, no employer’s account 4 shall be charged with benefits so paid and this relief from 5 charges shall apply to both contributory and reimbursable 6 employers, notwithstanding section 96.8, subsection 5 . 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill requires the department of workforce development 11 to send notifications that a claim for unemployment benefits 12 has been filed to parties to the claim by the parties’ choice 13 of certified or electronic mail rather than ordinary mail as 14 required under current law. 15 The bill also gives parties to a claim 10 days from the 16 date notification of the department’s decision on the claim is 17 received to appeal the decision. Current law requires that an 18 appeal be filed after a claimant or other interested party is 19 notified or 10 days after the notification was mailed to the 20 claimant’s last known address. 21 -2- LSB 1031XS (5) 88 je/rn 2/ 2