California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 2 - California Unemployment Insurance Appeals Board › Chapter 2 - Field Operations › Section 5052 - Petition Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except with respect to a petition regarding a penalty assessed pursuant to
				  section 1142,
				  1143, or
				  1144 of the code, the department
				  may file and serve its answer to the petition within 30 days after the agency
				  serves the petition. If no answer is filed and served within that time, the
				  petition may be scheduled for hearing without an answer.
(b) If an untimely petition fails to specify
				  the reason for the delay, an administrative law judge may serve notice
				  requiring the petitioner to specify the reason by filing and serving it within
				  20 days after service of such notice. If the petitioner fails to comply, an
				  administrative law judge may order the petition dismissed.
(c) If an untimely petition is filed within
				  the additional 30 days provided by code section
				  1222, and the reason specified by
				  the petitioner shows that there is no good cause for the untimeliness, an
				  administrative law judge may order the petition dismissed.
(d) If an untimely petition is filed beyond
				  the additional 30 days provided by code section
				  1222, and the petitioner fails to
				  specify lack of service of the notice of assessment or a basis for estoppel of
				  the department, the petition may be ordered dismissed.
(e) An untimely petition that is not
				  otherwise allowed or dismissed in accordance with this rule shall be scheduled
				  for hearing. If the untimely petition was filed within the additional 30 days
				  provided by code section
				  1222 and the petitioner shows good
				  cause for the untimeliness, the untimely petition shall be allowed; if a
				  petition was filed beyond the additional 30 days provided by code section
				  1222 and the petitioner shows lack
				  of service of the notice of assessment, the date service was effected upon the
				  petitioner shall be used to determine if the petition was untimely under
				  section 1222; if an untimely petition was
				  filed and the ALJ finds that the filing of the petition was delayed due to
				  departmental action for which estoppel is appropriate, the untimely petition
				  shall be allowed; otherwise it shall be ordered dismissed.
(f) An administrative law judge may serve
				  notice of intention to render a decision or order on a petition without a
				  hearing. Within 20 days after service of such a notice, any party may file and
				  serve an application for a hearing. A hearing shall be granted upon such an
				  application, except as provided in the next subsection of this rule. If no such
				  application is filed and served within that time, an administrative law judge
				  may proceed to render a decision or order on the petition without a
				  hearing.
(g) A hearing is not
				  required on a petition for refund if the petitioner had a prior hearing
				  involving the same issues on a petition for reassessment. If so, an
				  administrative law judge may serve notice of intention to render a decision on
				  the petition for refund without a hearing. Within 20 days after service of such
				  notice any party may file and serve an application for a hearing on the
				  petition for refund setting forth any new or additional evidence it may wish to
				  present. Within 20 days after service of such an application, any other party
				  may file and serve a response. After considering any such application and any
				  such response, an administrative law judge may either grant a hearing on the
				  petition for refund, or deny it and proceed to render the decision upon the
				  basis of the record of the hearing on the petition for reassessment.
1.
					 Renumbering of former section
					 5026 to new section
					 5052, including amendment of
					 section heading, section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99,
					 No. 6).
2. Amendment of subsection (e) and NOTE 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
						1222,
						1951,
						2712
						and
						3262,
						Unemployment Insurance Code.