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Senate File 34 - IntroducedA Bill ForAn Act 1relating to notices by the department of workforce
2development regarding claims for unemployment benefits.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.6, subsection 2, Code 2019, is amended
2to read as follows:
32. Initial determination. A representative designated by
4the director shall promptly notify all interested parties to
5the claim of its filing, and the parties have ten calendar
6 days from the date of mailing receipt of the notice of
7the filing of the claim by ordinary mail to the last known
8address to protest payment of benefits to the claimant. The
9department shall offer the option of receiving such notices
10by certified mail to the last known address or by electronic
11mail. The representative shall promptly examine the claim
12and any protest, take the initiative to ascertain relevant
13information concerning the claim, and, on the basis of the
14facts found by the representative, shall determine whether
15or not the claim is valid, the week with respect to which
16benefits shall commence, the weekly benefit amount payable
17and its maximum duration, and whether any disqualification
18shall be imposed. The claimant has the burden of proving
19that the claimant meets the basic eligibility conditions of
20section 96.4. The employer has the burden of proving that the
21claimant is disqualified for benefits pursuant to section 96.5,
22except as provided by this subsection. The claimant has the
23initial burden to produce evidence showing that the claimant
24is not disqualified for benefits in cases involving section
2596.5, subsections 10 and 11, and has the burden of proving
26that a voluntary quit pursuant to section 96.5, subsection 1,
27was for good cause attributable to the employer and that the
28claimant is not disqualified for benefits in cases involving
29section 96.5, subsection 1, paragraphs “a” through “h”. Unless
30the claimant or other interested party, after notification
31or within ten calendar days after the date notification was
32mailed to the claimant’s last known address received, files an
33appeal from the decision, the decision is final and benefits
34shall be paid or denied in accordance with the decision.
35If an administrative law judge affirms a decision of the
-1-1representative, or the appeal board affirms a decision of the
2administrative law judge allowing benefits, the benefits shall
3be paid regardless of any appeal which is thereafter taken,
4but if the decision is finally reversed, no employer’s account
5shall be charged with benefits so paid and this relief from
6charges shall apply to both contributory and reimbursable
7employers, notwithstanding section 96.8, subsection 5.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill requires the department of workforce development
12to send notifications that a claim for unemployment benefits
13has been filed to parties to the claim by the parties’ choice
14of certified or electronic mail rather than ordinary mail as
15required under current law.
16The bill also gives parties to a claim 10 days from the
17date notification of the department’s decision on the claim is
18received to appeal the decision. Current law requires that an
19appeal be filed after a claimant or other interested party is
20notified or 10 days after the notification was mailed to the
21claimant’s last known address.
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2development regarding claims for unemployment benefits.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.6, subsection 2, Code 2019, is amended
2to read as follows:
32. Initial determination. A representative designated by
4the director shall promptly notify all interested parties to
5the claim of its filing, and the parties have ten calendar
6 days from the date of mailing receipt of the notice of
7the filing of the claim by ordinary mail to the last known
8address to protest payment of benefits to the claimant. The
9department shall offer the option of receiving such notices
10by certified mail to the last known address or by electronic
11mail. The representative shall promptly examine the claim
12and any protest, take the initiative to ascertain relevant
13information concerning the claim, and, on the basis of the
14facts found by the representative, shall determine whether
15or not the claim is valid, the week with respect to which
16benefits shall commence, the weekly benefit amount payable
17and its maximum duration, and whether any disqualification
18shall be imposed. The claimant has the burden of proving
19that the claimant meets the basic eligibility conditions of
20section 96.4. The employer has the burden of proving that the
21claimant is disqualified for benefits pursuant to section 96.5,
22except as provided by this subsection. The claimant has the
23initial burden to produce evidence showing that the claimant
24is not disqualified for benefits in cases involving section
2596.5, subsections 10 and 11, and has the burden of proving
26that a voluntary quit pursuant to section 96.5, subsection 1,
27was for good cause attributable to the employer and that the
28claimant is not disqualified for benefits in cases involving
29section 96.5, subsection 1, paragraphs “a” through “h”. Unless
30the claimant or other interested party, after notification
31or within ten calendar days after the date notification was
32mailed to the claimant’s last known address received, files an
33appeal from the decision, the decision is final and benefits
34shall be paid or denied in accordance with the decision.
35If an administrative law judge affirms a decision of the
-1-1representative, or the appeal board affirms a decision of the
2administrative law judge allowing benefits, the benefits shall
3be paid regardless of any appeal which is thereafter taken,
4but if the decision is finally reversed, no employer’s account
5shall be charged with benefits so paid and this relief from
6charges shall apply to both contributory and reimbursable
7employers, notwithstanding section 96.8, subsection 5.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill requires the department of workforce development
12to send notifications that a claim for unemployment benefits
13has been filed to parties to the claim by the parties’ choice
14of certified or electronic mail rather than ordinary mail as
15required under current law.
16The bill also gives parties to a claim 10 days from the
17date notification of the department’s decision on the claim is
18received to appeal the decision. Current law requires that an
19appeal be filed after a claimant or other interested party is
20notified or 10 days after the notification was mailed to the
21claimant’s last known address.
-2-je/rn