reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1326-12 - Payment of Unemployment Compensation Benefits Appeal by Claimant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This
						  section interprets whether unemployment compensation benefit payments continue
						  in situations where the department determines a claimant is initially eligible
						  for benefits, but subsequently determines the claimant is ineligible or
						  disqualified for benefits for further weeks, and the claimant files an appeal
						  from the subsequent determination.
(b) General. If the department finally
						  determines that a claimant is initially eligible for benefits, subsequently
						  determines that the claimant is ineligible or disqualified or subject to a
						  reduction of further benefits, and the claimant files a timely appeal from the
						  subsequent determination, within 20 days pursuant to Unemployment Insurance
						  Code Section
						  1328,
						  and a written election with the department on a prescribed form "Notice of
						  Right to Receive Benefits Pending Appeal" DE Form 63155 CC Rev. 3: 6/86) to
						  have benefits continued and files continued claims pending disposition of the
						  appeal, the department shall continue to pay benefits until the appeal has been
						  resolved by the decision of an administrative law judge, except that benefit
						  payments shall cease if the appeal is dismissed or if a criminal complaint for
						  fraud is filed against the claimant under Section
						  2101 of the code.
(c) Claimant Finally Determined Initially
						  Eligible. The department has finally determined that a claimant is initially
						  eligible for benefits if, after the filing of a new or additional claim, the
						  department determines that all of the following conditions exist:
(1) The claimant is unemployed.
(2) The claimant has filed a claim in
						  accordance with authorized regulations, which appear in Title 22, California
						  Code of Regulations, Division 1, Part 1, Chapter 5, Article 3.
(3) The claimant has a monetarily valid
						  claim.
(4) The claimant has not
						  exhausted the maximum benefit amount for the benefit year of the
						  claim.
(5) The claimant is
						  otherwise eligible.
(6) The initial
						  determination is not subject to reconsideration under Section
						  1256.1,
						  1332, or
						  1332.5 of the
						  code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1327-1 - Facts Respecting Claimant's Eligibility Required from Last Employing Unit of Claimant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 11-20-67; designated effective 11-30-67 (Register 67, No.
							 47).
2. Repealer filed 11-30-79; designated effective 1-1-80
							 (Register 79, No. 48).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1327,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1328-1 - Notices of Determination to Employing Units from Department Respecting Claimant's Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Any employing unit which furnishes the department with facts in accordance with
						  Sections 1327 and
						  1331 of the code and which has
						  been notified by the department of the determination made after considering
						  such facts shall be notified by the department of any modification in such
						  determination made by the department, either on its own initiative or pursuant
						  to any additional facts which come to the attention of the
						  department.
(b) The employing unit
						  may appeal from the modified determination in the manner prescribed in Section
						  1328 of the code.
1. New
							 section filed 11-20-67; designated effective 11-30-67 (Register 67, No.
							 47).
2. Amendment filed 11-30-79; designated effective 1-1-80
							 (Register 79, No. 48).
Note: Authority cited: Sections
								305,
								306,
								and
								1333,
								Unemployment Insurance Code. Reference: Sections
								1327
								and
								1328,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1329-1 - Notices of Computation or Recomputation from the Department to Base Period Employers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 11-20-67; designated effective 11-30-67 (Register 67, No.
							 47).
2. Repealer filed 7-23-96; operative 8-22-96 (Register 96, No.
							 30).
Note: Authority cited: Secs.
								305,
								306 and
								1333, Unemployment Insurance Code.
								Reference: Secs.
								1329 and
								1330, Unemployment Ins.
								Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1330-1 - Protest to Notices of Computation or Recomputation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 11-20-67; designated effective 11-30-67 (Register 67, No.
							 47).
2. Repealer filed 11-30-79; designated effective 1-1-80
							 (Register 79, No. 48).
Note: Authority cited: Secs.
								305,
								306 and
								1333, Unemployment Insurance Code.
								Reference: Secs.
								1329,
								1330 and
								1333, Unemployment Ins.
								Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1331-1 - Facts Respecting Claimant's Eligibility Required from Base Period Employer of Claimant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 11-20-67; designated effective 11-30-67 (Register 67, No.
							 47).
2. Repealer filed 11-30-79; designated effective 1-1-80
							 (Register 79, No. 48).
Note: Authority cited: Secs.
								305,
								306 and
								1333, Unemployment Insurance Code.
								Reference: Secs.
								1327,
								1331 and
								1333, Unemployment Insurance
								Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1333-1 - Requirements for Submitting Facts by Employing Units Respecting Claimant's Eligibility for Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Each submission of facts to the department by an employing unit under Sections
						  1327,
						  1328, or
						  1331 of the code shall relate to a
						  single claimant, shall be submitted to the department field office in which the
						  claim was filed, and shall include the following:
(1) The name, address, telephone number, and
						  employer account number of the employing unit.
(2) The claimant's full name and social
						  security account number.
(3) The
						  effective date of the claim (if available).
(4) Specific facts reasonably applicable to
						  the claimant's eligibility for benefits.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1333-2 - Protests and Information Submitted by Claimants and Employers to Department: Extension of Time for Good Cause. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Amendment filed 11-30-79; designated effective 1-1-80 (Register 79, No. 48).
							 For prior history, see Register 67, No. 47.
2. Amendment filed
							 1-28-82; effective thirtieth day thereafter (Register 82, No. 5).
3.
							 Repealer filed 7-23-96; operative 8-22-96 (Register 96, No.
							 30).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								1327,
								1328,
								1330,
								1331,
								and
								1333,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1333-3 - Protests and Information Submitted by Claimants and Employers to Department: Extension of Time for Good Cause. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer filed 11-30-79; designated effective 1-1-80 (Register 79, No. 48). For
							 prior history, see Register 67, No. 47.
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								1327,
								1328,
								1331,
								and
								1333,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1333-4 - Protest to Computation of Benefit Claims. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer filed 11-20-67; designated effective 11-30-67 (Register 67, No.
							 47).
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1333-5 - Notices: Extension of Time for Good Cause. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer filed 11-20-67; designated effective 11-30-67 (Register 67, No.
							 47).
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1341-1 - Payment of Unemployment Benefits Due Deceased or Incompetent or Physically Disabled Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  department may pay unemployment compensation benefits and extended duration
						  benefits due a deceased or legally declared incompetent person or a person
						  physically disabled to a degree that he cannot act for himself, to a spouse,
						  parent, adult child, or a close relative, or to a person who is an authorized
						  representative legally entitled to act for the claimant if:
(1) The claimant has completed a claim for
						  benefits prior to his death or incapacity; or
(2) The person seeking payment of benefits on
						  behalf of the claimant has sufficient knowledge of the activities and
						  capabilities of the claimant during the week for which benefits are claimed to
						  complete the claim and certify to the statements thereon; and
(3) The person seeking payment of the
						  benefits executes and submits to the department an oath establishing that he is
						  entitled to receive the payment.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1342.1-1 - Voluntary Federal Income Tax Withholding on Unemployment Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time a
						  claimant initially files for unemployment compensation, he or she may
						  voluntarily elect to have federal income tax deducted and withheld from his or
						  her unemployment compensation.
(b)
						  The election shall be effective when it is received in writing and processed by
						  the department and the election shall remain in effect until a written
						  revocation or change to the previous election is received and processed by the
						  department. If the claimant elects to have federal income tax withheld, the
						  department shall deduct and withhold the federal income tax from the claimant's
						  unemployment compensation payment at the rate specified in Section
						  3402(p)(2) of the
						  Internal Revenue Code. The department shall transmit the federal income tax
						  withholding to the federal taxing authority as payment on account of the
						  claimant-taxpayer.
(c) Definitions.
						  For purposes of this regulation, the following definitions shall apply:
(1) "Unemployment compensation" means any
						  amount received under a law of the United States or of a State which is in the
						  nature of unemployment compensation. In the State of California, unemployment
						  compensation includes unemployment compensation benefits.
(2) "Reductions" means adjustments to
						  unemployment compensation payable to the claimant, including but not limited to
						  claimant illness, prior work pensions, wages, work sharing and workers'
						  compensation payments.
(3) "Benefit
						  deductions" means any overpayment offsets and support obligations.
(4) "Adjusted weekly benefit amount" means
						  the maximum unemployment compensation payable to the claimant after all
						  reductions and overpayment offsets are subtracted.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 4 - OVERPAYMENTS › Section 1375-1 - Recovery of Overpayments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  General Principle. Except for the relief from liability for overpayments
						  provided by Sections
						  1380 and
						  2740 of the code, any person who
						  is overpaid any amount o benefits is liable for the amount overpaid unless all
						  of the following conditions exist:
(1) The
						  overpayment was not due to fraud, misrepresentation, or willful nondisclosure
						  by the person.
(2) The overpayment
						  was received without fault by the person.
(3) The recovery of the overpayment would be
						  against equity and good conscience.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 4 - OVERPAYMENTS › Section 1375-2 - Overpayment Remittances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The following definitions apply to the regulations in this article.
(1) "Remittance" means a payment made towards
						  an outstanding overpayment debt.
(2) "Payment" means any money paid to the
						  Employment Development Department to repay an overpayment liability, either in
						  cash, personal check, cashiers check, postal money order, or an unemployment
						  insurance or disability insurance check that the claimant has signed over to
						  the Employment Development Department.
(3) "By Mail" means the transmittal of an
						  overpayment remittance through the U.S. Postal Service or other courier
						  service, to a location designated by the Employment Development
						  Department.
(4) "Designated
						  Location" means an address designated by the Employment Development Department
						  to which claimants are required to mail payments. This address shall be
						  provided to unemployment insurance overpayment claimants by the Employment
						  Development Department.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 5 - RIGHTS OF TRAINEES › Section 1401-1 - Applicability of Sections 1401-1 Through 1406-1. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer of Article 5 (Sections
							 1401-1 through
							 1406-2) filed 10-10-78; effective
							 thirtieth day thereafter (Register 78, No. 41). For prior history, see Register
							 55, No. 18.
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1401,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5.5 - UNEMPLOYMENT COMPENSATION FOR STATE EMPLOYEES [Repealed] › Section 1446-1 - Reimbursement of Unemployment Benefits -State of California -Legislative Employees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Repealer of Chapter 5.5 (Sections
						  1446.1 and
						  1456.1) filed 10-10-78; effective
						  thirtieth day thereafter (Register 78, No. 41). For prior history, see
						  Registers 76, No. 6; 74, No. 6; 73, No. 15; 73, No.
						  4.
Note: Authority cited: Sections
							 305,
							 305.1,
							 306
							 and
							 306.1,
							 Unemployment Insurance Code. Issuing agency: Department of Social
							 Services.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5.6 - UNEMPLOYMENT COMPENSATION FOR COUNTY EMPLOYEES [Repealed] › Section 1461-1 - County Service -Elective Coverage. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Repealer of Chapter 5.6 (Sections
						  1461-1 and
						  1466-1) filed 10-10-78; effective
						  thirtieth day thereafter (Register 78, No. 41). For prior history, see
						  Registers 76, No. 6; 72, No. 24.
Note: Authority cited for Chapter 5.6 (Sections
							 1461-1 and
							 1466-1): Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Sections
							 1461
							 and
							 1466,
							 Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5.7 - UNEMPLOYMENT COMPENSATION FOR STATE HIGHER EDUCATION EMPLOYEES [Repealed] › Section 1476-1 - Reimbursement of Unemployment Benefits -State of California -University of California and California State Universities and Colleges [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Repealer of Chapter 5.7 (Section
						  1476-1) filed 10-10-78; effective
						  thirtieth day thereafter (Register 78, No. 41). For prior history, see
						  Registers 76, No. 6; 73, No. 15; 72, No. 24.
Note: Specific authority cited: Sections
							 305,
							 306,
							 and
							 1475,
							 Unemployment Insurance Code. New specific authority cited: Section
							 1476,
							 Unemployment Insurance Code. Reference: Section
							 1476,
							 Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 7 - COLLECTIONS › Section 1755-2 - Debtor's Right to Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Any debtor whose employer has been served with a withholding order or jeopardy
						withholding order for taxes, may after service of the order, file a request for
						a hearing at the department tax office which issued the withholding order for
						taxes. The request for hearing should be accompanied by the debtor's financial
						statement. A debtor whose employer has been served with a withholding order for
						taxes is not limited as to the time within which he or she may file a request
						for hearing. The debtor may file his or her request for hearing at any time
						after service of the withholding order for taxes. A debtor may file more than
						one request for hearing; however, a second request for hearing will be accepted
						only if it contains a claim that there has been a material change in the
						debtor's circumstances. A material change in circumstances means a substantial
						change in the debtor's income or need.
(b) The hearing official shall not dismiss a
						request for hearing before the hearing is held unless it has been withdrawn in
						writing by the debtor or the relief requested by the debtor is afforded by the
						department,except that the hearing official may dismiss the request for hearing
						when the issue presented is not within his or her jurisdiction or the record
						shows that the same issue based on the same facts has previously been heard and
						decided. If the debtor or his or her representative fails to appear at the time
						and place designated for the hearing, the hearing official shall dismiss the
						request for hearing.
(c) A debtor
						residing outside the State of California, whose employer is in California,
						shall have the same right to hearing as any resident debtor. The department
						shall prepare and mail to the out-of-state debtor a questionnaire consisting of
						a series of questions which may be answered by the debtor in writing and sworn
						to before a notary. The written questionnaire together with the debtor's
						request for hearing, and financial statement, may, at the option of the debtor,
						constitute the debtor's hearing.
1. New
						  section filed 2-9-81; effective thirtieth day thereafter (Register 81, No.
						  7).
2. Change without regulatory effect amending NOTE filed 8-26-96
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 96, No. 35).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Sections
							 1755
							 and
							 1785,
							 Unemployment Insurance Code; Sections
							 706.070
							 and
							 706.075(c),
							 Code of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 7 - COLLECTIONS › Section 1755-3 - Modification of Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If at any time after service of a withholding order for
						  taxes upon the employer, the levying officer receives information
						  substantiating that reconsideration or modification of the withholding order is
						  clearly appropriate, the director shall withdraw or modify the withholding
						  order and so immediately notify the employer. This action shall be taken
						  whether or not the debtor has requested a hearing under these
						  regulations.
1. New
						  section filed 2-9-81; effective thirtieth day thereafter (Register 81, No.
						  7).
2. Change without regulatory effect amending NOTE filed 8-26-96
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 96, No. 35).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Section
							 1755
							 and
							 1785,
							 Unemployment Insurance Code; Sections
							 706.070
							 and
							 706.075(c),
							 Code of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 7 - COLLECTIONS › Section 1755-4 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department shall mail notice of time and place of
						  hearing to the debtor at least seven (7) days before the date of the hearing.
						  The notice shall be issued in the language of the tax debtor if the request for
						  hearing indicates the tax debtor is not proficient in English. The time of
						  notice may be shortened with the consent of the debtor. The debtor may waive
						  notice of hearing. The department shall set the date of the hearing to provide
						  sufficient time for a hearing official to hear the matter and issue a written
						  decision within fifteen (15) days of receipt by the department of the debtor's
						  request for hearing.
The place of hearing shall be designated by the
						  department with due regard for the place of residence of the debtor. The place
						  of hearing may be the office which issued the Withholding Order for
						  Taxes.
1. New
						  section filed 2-9-81; effective thirtieth day thereafter (Register 81, No.
						  7).
2. Change without regulatory effect amending NOTE filed 8-26-96
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 96, No. 35).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Sections
							 1755
							 and
							 1785,
							 Unemployment Insurance Code; Sections
							 706.070
							 and
							 706.075(c),
							 Code of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 7 - COLLECTIONS › Section 1755-5 - Nature of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The debtor shall have the burden of proving the
						  allegations contained in the request for hearing and any facts alleged in a
						  financial statement or other information provided to the hearing
						  official.
The hearing shall be a nonadversary proceeding. The
						  hearing official shall explain the nature of the hearing and the debtor's
						  rights (including the debtor's rights to the various exemptions from earnings
						  withholding). The hearing official shall introduce in evidence the request for
						  hearing, the debtor's claim to exemption, and the debtor's financial statement.
						  The hearing official may question any party or witness and may admit any
						  relevant and material evidence.
The departmental staff participating in the hearing
						  shall provide all information in its possession pertinent to the case whether
						  such information supports the position taken by the department or not,
						  including information respecting the effective date of the withholding
						  period.
1. New
						  section filed 2-9-81; effective thirtieth day thereafter (Register 81, No.
						  7).
2. Change without regulatory effect amending NOTE filed 8-26-96
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 96, No. 35).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Sections
							 1755
							 and
							 1785,
							 Unemployment Insurance Code; Sections
							 706.070 and
							 706.075(c), Cod
							 of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 7 - COLLECTIONS › Section 1755-8 - Telephone Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If because of the distances involved or other
						  substantial reasons the hearing official deems it appropriate, the hearing
						  official may take testimony of any witness by telephone under the following
						  conditions:
(a) Prior to the hearing
						the debtor has made request for the use of telephone testimony.
(b) The witness testifies by use of a phone
						at a state office most convenient to his or her abode or place of
						work.
(c) The witness provides
						identification verifying that he or she is the person the witness claims to
						be.
(d) The telephone audibility is
						such that it can be clearly recorded and made a part of the official record of
						the hearing.
1. New
						  section filed 2-9-81; effective thirtieth day thereafter (Register 81, No.
						  7).
2. Change without regulatory effect amending NOTE filed 8-26-96
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 96, No. 35).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Sections
							 1755
							 and
							 1785,
							 Unemployment Insurance Code; Sections
							 706.070
							 and
							 706.075(c),
							 Code of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 7 - COLLECTIONS › Section 1755-9 - Continuance of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing official may postpone or otherwise continue
						  any hearing upon a finding of good cause and a finding that the debtor has
						  given voluntary and knowledgeable consent to the action. The debtor's consent
						  to a continuance shall be to a date certain and shall be in writing or made
						  verbally to the hearing official. Except upon consent of the debtor, the
						  hearing official shall not continue the hearing to a date that would preclude a
						  decision by the hearing official within fifteen (15) days of receipt by the
						  department of the request for hearing.
1. New
						  section filed 2-9-81; effective thirtieth day thereafter (Register 81, No.
						  7).
2. Change without regulatory effect amending NOTE filed 8-26-96
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 96, No. 35).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Sections
							 1755
							 and
							 1785,
							 Unemployment Insurance Code; Sections
							 706.070
							 and
							 706.075(c),
							 Code of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 7 - COLLECTIONS › Section 1755-10 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing official shall issue a decision in writing
						  stating the reasons for his or her decision. The hearing official shall issue
						  the decision within fifteen (15) days of receipt by the department of the
						  request for hearing. Such decision shall be considered the final decision of
						  the department. On release to the judgment debtor, there shall be attached
						  information explaining the debtor's rights to appeal the decision under the
						  provisions of Section
						  1094.5
						  of the Code of Civil Procedure should he or she be dissatisfied
						  therewith.
1. New
						  section filed 2-9-81; effective thirtieth day thereafter (Register 81, No.
						  7).
2. Change without regulatory effect amending NOTE filed 8-26-96
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 96, No. 35).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Sections
							 1755
							 and
							 1785,
							 Unemployment Insurance Code; Sections
							 706.070
							 and
							 706.075(c),
							 Code of Civil Procedure.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 8 - HEARING PROCEDURE

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted by the Director, but see rules of
						the California Unemployment Insurance Appeals Board, Subdivision
						2 of this Division)
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 9 - PUBLIC EMPLOYMENT OFFICES › Article 1 - JOB SERVICES › Section 2051-1 - Eligibility for Employment Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Employment Development Department,
						  hereinafter "Department," will provide employment (job) services only to
						  persons who are:
(1) Citizens or nationals of
						  the United States.
(2) Aliens
						  legally present in the United States.
(3) Aliens authorized by the Immigration and
						  Naturalization Service (INS) to work in the United States, during the period of
						  work authorization.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 9 - PUBLIC EMPLOYMENT OFFICES › Article 1 - JOB SERVICES › Section 2051-2 - Verification of Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall verify eligibility for
							 employment services by reviewing documentary evidence as set forth below in
							 Section 2051-3 of each applicant's legal
							 status or authorization to work.
1.
							 Repealer and new section filed 12-30-93 as an emergency; operative 1-1-94
							 (Register 93, No. 53). A Certificate of Compliance must be transmitted to OAL
							 by 5-2-94 or emergency language will be repealed by operation of law on the
							 following day. For prior history, see Register 88, No. 51.
2.
							 Editorial correction of HISTORY 1 (Register 94, No. 15).
3. Repealer
							 and new section refiled 4-28-94 as an emergency; operative 5-1-94 (Register 94,
							 No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or
							 emergency language will be repealed by operation of law on the following
							 day.
4. Repealer and new section refiled 8-24-94 as an emergency;
							 operative 8-29-94 (Register 94, No. 34). A Certificate of Compliance must be
							 transmitted to OAL by 12-27-94 or emergency language will be repealed by
							 operation of law on the following day.
5. Certificate of Compliance
							 as to 8-24-94 order transmitted to OAL 12-27-94 and filed 2-6-95 (Register 95,
							 No. 6).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								9601.5,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 9 - PUBLIC EMPLOYMENT OFFICES › Article 1 - JOB SERVICES › Section 2051-3 - Verification Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant shall be eligible to receive employment
							 services if he/she has established his/her identity and legal status or
							 authorization to work by providing one or more of the authentic documents as
							 set forth under the employment verification provisions of the Immigration and
							 Nationality Act Section
							 274 A (8 U.S.C. §
														1324a)
							 and, Title 8 Code of Federal Regulations part 274a.2.
1. New
							 section filed 12-30-93 as an emergency; operative 1-1-94 (Register 93, No. 53).
							 A Certificate of Compliance must be transmitted to OAL by 5-2-94 or emergency
							 language will be repealed by operation of law on the following day. For prior
							 history, see Register 88, No. 51.
2. Editorial correction of HISTORY
							 1 (Register 94, No. 15).
3. New section refiled 4-28-94 as an
							 emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance
							 must be transmitted to OAL by 8-29-94 or emergency language will be repealed by
							 operation of law on the following day.
4. Repealer and new section
							 refiled 8-24-94 with amendments as an emergency; operative 8-29-94 (Register
							 94, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-27-94
							 or emergency language will be repealed by operation of law on the following
							 day.
5. Certificate of Compliance as to 8-24-94 order including
							 amendment of section transmitted to OAL 12-27-94 and filed 2-6-95 (Register 95,
							 No. 6).
6. Amendment of subsection (a)(6)(B) filed 8-3-2000;
							 operative 9-2-2000 (Register 2000, No. 31).
7. Amendment filed
							 10-25-2004; operative 11-24-2004 (Register 2004, No. 44).
8.
							 Editorial correction of subsection (a)(31) (Register 2005, No.
							 22).
9. Amendment of section and NOTE filed 10-15-2008; operative
							 11-14-2008 (Register 2008, No. 42).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								9601.5
								and
								9601.7,
								Unemployment Insurance Code; 8 U.S.C. Section 1324a; and
								8 C.F.R. Section
								274a.2.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 9 - PUBLIC EMPLOYMENT OFFICES › Article 2 - APPEALS › Section 2051-4 - Explanation of Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Department determines that an applicant's
							 eligibility for employment services cannot be verified pursuant to Sections
							 2051-1 through
							 2051-3 of these regulations, the
							 Department shall issue a written determination either in person or by mail to
							 the applicant which shall explain the reasons for the Department's decision and
							 the applicant's appeal rights.
1.
							 Relocation of article heading and new section filed 12-30-93 as an emergency;
							 operative 1-1-94 (Register 93, No. 53). A Certificate of Compliance must be
							 transmitted to OAL by 5-2-94 or emergency language will be repealed by
							 operation of law on the following day. For prior history, see Register 88, No.
							 51.
2. Editorial correction of HISTORY 1 (Register 94, No.
							 15).
3. Relocation of article heading and new section refiled
							 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate
							 of Compliance must be transmitted to OAL by 8-29-94 or emergency language will
							 be repealed by operation of law on the following day.
4. Repealer
							 and new section refiled 8-24-94 with amendments as an emergency; operative
							 8-29-94 (Register 94, No. 34). A Certificate of Compliance must be transmitted
							 to OAL by 12-27-94 or emergency language will be repealed by operation of law
							 on the following day.
5. Certificate of Compliance as to 8-24-94
							 order transmitted to OAL 12-27-94 and filed 2-6-95 (Register 95, No.
							 6).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								9601.5,
								Unemployment Insurance Code; and
								20 C.F.R. §§
																658.400-658.418.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 9 - PUBLIC EMPLOYMENT OFFICES › Article 2 - APPEALS › Section 2051-5 - Appeal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within one year after receiving the written notice of
							 determination described in Section
							 2051-4 of these regulations, the
							 applicant may file an appeal of the determination with any Job Service field
							 office.
1. New
							 section filed 12-30-93 as an emergency; operative 1-1-94 (Register 93, No. 53).
							 A Certificate of Compliance must be transmitted to OAL by 5-2-94 or emergency
							 language will be repealed by operation of law on the following day. For prior
							 history, see Register 88, No. 51.
2. Editorial correction of HISTORY
							 1 (Register 94, No. 15).
3. New section refiled 4-28-94 as an
							 emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance
							 must be transmitted to OAL by 8-29-94 or emergency language will be repealed by
							 operation of law on the following day.
4. Repealer and new section
							 refiled 8-24-94 as an emergency; operative 8-29-94 (Register 94, No. 34). A
							 Certificate of Compliance must be transmitted to OAL by 12-27-94 or emergency
							 language will be repealed by operation of law on the following
							 day.
5. Certificate of Compliance as to 8-24-94 order transmitted to
							 OAL 12-27-94 and filed 2-6-95 (Register 95, No.
							 6).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								9601.5,
								Unemployment Insurance Code; and
								20 C.F.R. §§
																658.401(a)(2) and
								658.411(a).
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 9 - PUBLIC EMPLOYMENT OFFICES › Article 2 - APPEALS › Section 2051-6 - Field Office Review of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an appeal has been filed by an
						  applicant, the field office manager or the field office manager's designee
						  shall investigate the claim(s) made in the appeal.
(b) Within five working days after receipt of
						  the appeal, the field office manager or the field office manager's designee
						  shall place in the mail a written decision to the applicant which shall
						  include:
(1) The reasons for the
						  decision.
(2) Notification that the
						  field office will send the appeal and all relevant documents to the
						  Department's Area Administrator's Office for resolution or further action
						  unless the applicant is satisfied with the resolution of the complaint by the
						  field office.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 9 - PUBLIC EMPLOYMENT OFFICES › Article 2 - APPEALS › Section 2051-7 - Area Administrator's Office Review of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Area Administrator or designee shall
						  investigate the appeal and issue a written decision by certified mail to the
						  applicant and the field office within 20 working days from receipt of the
						  appeal.
(b) The decision shall
						  include the following:
(1) Results of any
						  investigation conducted by the Area Administrator's Office.
(2) Conclusions reached on the allegations of
						  the complaint.
(3) Reasons for the
						  decision.
(4) Notice that the
						  applicant may file a written request for a hearing within 20 working days after
						  the certified date of receipt of the Area Administrator's decision if
						  employment services are denied.