California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 2 - California Unemployment Insurance Appeals Board › Chapter 3 - Appellate Operations › Section 5102 - New or Additional Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  party who files a board appeal, also known as a board appellant, has the right
				  to file an application to present new or additional evidence. Except as
				  otherwise provided in this rule or specified by the agency, the application
				  shall be filed and served at the same time the board appeal is filed. If the
				  agency extends the time to file a board appeal, the time to file and serve the
				  application shall also be extended to the same date the board appeal is
				  filed.
(b) A party who responds to
				  a board appeal, also known as a board respondent, may file and serve an
				  application to present new or additional evidence only if authorized by the
				  agency. Prior to the board modifying or reversing the results of an
				  administrative law judge's decision or order, the agency shall notify a board
				  respondent that it is authorized to make an application to present new or
				  additional evidence. If authorized, the board respondent shall file and serve
				  the application within 12 days after the agency sends notice, or within such
				  other time as the agency may specify.
(c) Notwithstanding (b) above, the board may
				  correct a clerical error in a decision or order of an administrative law judge,
				  or set aside the order or decision, without authorizing a board respondent to
				  file an application to present new or additional evidence.
(d) An application to present new or
				  additional evidence shall state the nature of the evidence, the materiality of
				  such evidence, and the reasons why such evidence was not introduced at the
				  hearing before the administrative law judge. If the new or additional evidence
				  is documentary in nature, the applicant shall attach the evidence to the
				  application. No such evidence shall be considered by the board unless the board
				  admits it.
(e) Whenever the board
				  on its own motion or upon the application of a party grants the taking of new
				  or additional evidence, the matter may be remanded to an administrative law
				  judge for that purpose. The issues at such hearing shall be limited to those
				  issues designated by the board.
(f)
				  However, if the matter is not remanded and only documentary evidence is to be
				  admitted, the agency shall serve the evidence and give each party 10 days
				  thereafter to file and serve a response to it.
1. Amendment
					 filed 7-21-78; effective thirtieth day thereafter (Register 78, No.
					 29).
2. Amendment of section and new NOTE filed 5-30-97; operative
					 7-1-97. Interim procedural regulations submitted to OAL for printing only
					 pursuant to Government Code section
					 11400.21
					 (Register 97, No. 22).
3. Repealer of former section
					 5102 and renumbering of former
					 section 5109 to section
					 5102, including amendment of
					 section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99, No.
					 6).
4. Amendment of subsection (b) filed 10-7-2002; operative
					 11-6-2002 (Register 2002, No. 41).
5. Amendment of subsection (a),
					 new subsections (b) and (c) and subsection relettering filed 5-12-2010;
					 operative 6-11-2010 (Register 2010, No. 20).
Note: Authority cited: Section
						11400.20,
						Government Code; and Section
						411,
						Unemployment Insurance Code. Reference: Sections
						1951,
						2712
						and
						3262,
						Unemployment Insurance Code.