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House Study Bill 605 - IntroducedA Bill ForAn Act 1relating to certain notifications issued by the
2department of workforce development concerning claims for
3unemployment benefits.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.6, subsection 2, Code 2020, 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 days from
6the date of mailing issuing the notice of the filing of the
7claim by ordinary mail to the last known address to protest
8payment of benefits to the claimant. All interested parties
9shall select a format as specified by the department to receive
10such notifications. The representative shall promptly examine
11the claim and any protest, take the initiative to ascertain
12relevant information concerning the claim, and, on the basis of
13the facts found by the representative, shall determine whether
14or not the claim is valid, the week with respect to which
15benefits shall commence, the weekly benefit amount payable
16and its maximum duration, and whether any disqualification
17shall be imposed. The claimant has the burden of proving
18that the claimant meets the basic eligibility conditions of
19section 96.4. The employer has the burden of proving that the
20claimant is disqualified for benefits pursuant to section 96.5,
21except as provided by this subsection. The claimant has the
22initial burden to produce evidence showing that the claimant
23is not disqualified for benefits in cases involving section
2496.5, subsections 10 and 11, and has the burden of proving
25that a voluntary quit pursuant to section 96.5, subsection 1,
26was for good cause attributable to the employer and that the
27claimant is not disqualified for benefits in cases involving
28section 96.5, subsection 1, paragraphs “a” through “h”. Unless
29the claimant or other interested party, after notification or
30within ten calendar days after notification was mailed to the
31claimant’s last known address issued, files an appeal from the
32decision, the decision is final and benefits shall be paid or
33denied in accordance with the decision. If an administrative
34law judge affirms a decision of the representative, or the
35appeal board affirms a decision of the administrative law judge
-1-1allowing benefits, the benefits shall be paid regardless of
2any appeal which is thereafter taken, but if the decision is
3finally reversed, no employer’s account shall be charged with
4benefits so paid and this relief from charges shall apply to
5both contributory and reimbursable employers, notwithstanding
6section 96.8, subsection 5.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill strikes language providing that notifications of
11interested parties that a claim for unemployment benefits has
12been made be sent by ordinary mail. The bill instead provides
13that such notifications shall be in a format as specified
14by the department of workforce development selected by the
15parties.
-2-je/rn
2department of workforce development concerning claims for
3unemployment benefits.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.6, subsection 2, Code 2020, 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 days from
6the date of mailing issuing the notice of the filing of the
7claim by ordinary mail to the last known address to protest
8payment of benefits to the claimant. All interested parties
9shall select a format as specified by the department to receive
10such notifications. The representative shall promptly examine
11the claim and any protest, take the initiative to ascertain
12relevant information concerning the claim, and, on the basis of
13the facts found by the representative, shall determine whether
14or not the claim is valid, the week with respect to which
15benefits shall commence, the weekly benefit amount payable
16and its maximum duration, and whether any disqualification
17shall be imposed. The claimant has the burden of proving
18that the claimant meets the basic eligibility conditions of
19section 96.4. The employer has the burden of proving that the
20claimant is disqualified for benefits pursuant to section 96.5,
21except as provided by this subsection. The claimant has the
22initial burden to produce evidence showing that the claimant
23is not disqualified for benefits in cases involving section
2496.5, subsections 10 and 11, and has the burden of proving
25that a voluntary quit pursuant to section 96.5, subsection 1,
26was for good cause attributable to the employer and that the
27claimant is not disqualified for benefits in cases involving
28section 96.5, subsection 1, paragraphs “a” through “h”. Unless
29the claimant or other interested party, after notification or
30within ten calendar days after notification was mailed to the
31claimant’s last known address issued, files an appeal from the
32decision, the decision is final and benefits shall be paid or
33denied in accordance with the decision. If an administrative
34law judge affirms a decision of the representative, or the
35appeal board affirms a decision of the administrative law judge
-1-1allowing benefits, the benefits shall be paid regardless of
2any appeal which is thereafter taken, but if the decision is
3finally reversed, no employer’s account shall be charged with
4benefits so paid and this relief from charges shall apply to
5both contributory and reimbursable employers, notwithstanding
6section 96.8, subsection 5.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill strikes language providing that notifications of
11interested parties that a claim for unemployment benefits has
12been made be sent by ordinary mail. The bill instead provides
13that such notifications shall be in a format as specified
14by the department of workforce development selected by the
15parties.
-2-je/rn