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 9 - PUBLIC EMPLOYMENT OFFICES › Article 2 - APPEALS › Section 2051-8 - Hearing Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Within 20 working days from receipt of the Area Administrator's decision, the
						  applicant may request a hearing.
(b) When an Area Administrator receives a
						  written request for a hearing, the Area Administrator shall refer the request
						  to a State hearing official for hearing.
(c) The State hearing official shall within a
						  reasonable period send a written notification by mail to the parties which
						  shall include the following:
(1) An
						  acknowledgment of the receipt of the written request for a hearing.
(2) Notice that the parties will be notified
						  of the date, time and place of the hearing.
(3) Notice of the hearing rights of the
						  parties as follows:
(A) The parties may be
						  represented at the hearing by an attorney or other representative.
(B) The parties may bring witnesses and/or
						  documentary evidence to the hearing.
(C) The parties may cross-examine opposing
						  witnesses at the hearing.
(D) The
						  decision on the complaint will be based on the evidence presented at the
						  hearing.
(E) The State hearing
						  official may reschedule the hearing at the request of a party or its
						  representative.
(F) With the
						  consent of the State agency's representative and of the State hearing official,
						  the party who requested the hearing may withdraw the request for hearing in
						  writing before the hearing.
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 2051-9 - Rules for Conduct of the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following rules shall govern the conduct of
							 hearings under Section
							 2051-8 of these
							 regulations:
(a) The hearing officer
						  shall:
(1) Regulate the course of the
						  hearing.
(2) Assure that all
						  relevant issues are considered.
(3)
						  Rule on the introduction of evidence and testimony.
(4) Elicit testimony from witnesses, but
						  shall not act as an advocate for any party.
(5) Resolve the dispute, if feasible, by
						  conciliation at any time prior to the conclusion of the hearing.
(6) Issue subpoenas if necessary.
(7) Receive and include in the record,
						  documentary evidence offered by any party and accepted at the hearing. Copies
						  thereof shall be made available by the party submitting the document to other
						  parties to the hearing upon request.
(8) Take any other action which is necessary
						  to ensure an orderly hearing.
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 2051-10 - Hearing Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  After conclusion of the hearing, the hearing officer shall prepare a written
						  proposed decision. The proposed decision shall state the hearing officer's
						  findings of fact and conclusions of law and the reasons therefor.
(b) The proposed decision by the hearing
						  officer shall be reviewed by the Director of the Department. The Director shall
						  issue a decision which shall incorporate the hearing officer's proposed
						  decision, adopting in whole or in part, or not adopting the hearing officer's
						  proposed decision. The decision by the Director shall be the final decision
						  issued by the Department.
(c)
						  Copies of the decision shall be sent to the applicant and to the field office
						  by certified mail. Copies of the decision shall also be sent to the following:
(1) Entities serving in a capacity as
						  "friends of the court" (if any).
(2) State Area Administrator's
						  Office.
(3) Regional Administrator
						  of the Department of Labor.
(4)
						  Solicitor's Office, Department of Labor
Attn: Associate Solicitor for Employment and Training
							 Legal
Services
Department of Labor
200 Constitution Avenue, N.W., Room N2101
Washington, D.C. 20210
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 2051-11 - Appeal Rights. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 2-19-88; operative 2-19-88 (Register 88, No. 10).
2.
							 Repealer filed 7-11-88 as an emergency; operative 7-11-88 (Register 88, No.
							 29). A Certificate of Compliance must be transmitted to OAL within 120 days or
							 repealed text will be reinstated on 11-8-88.
3. Certificate of
							 Compliance transmitted to OAL 11-1-88 and filed 11-30-88 (Register 88, No.
							 51).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2051
								and
								2056,
								Unemployment Insurance Code; and
								20 C.F.R. Sections
								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 2051-12 - Field Office Review of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 2-19-88; operative 2-19-88 (Register 88, No. 10).
2.
							 Repealer filed 7-11-88 as an emergency; operative 7-11-88 (Register 88, No.
							 29). A Certificate of Compliance must be transmitted to OAL within 120 days or
							 repealed text will be reinstated on 11-8-88.
3. Certificate of
							 Compliance transmitted to OAL 11-1-88 and filed 11-30-88 (Register 88, No.
							 51).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2051
								and
								2056,
								Unemployment Insurance Code; and
								20 C.F.R. Sections
								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 2051-13 - Monitor Advocate Office Review of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 2-19-88; operative 2-19-88 (Register 88, No. 10).
2.
							 Repealer filed 7-11-88 as an emergency; operative 7-11-88 (Register 88, No.
							 29). A Certificate of Compliance must be transmitted to OAL within 120 days or
							 repealed text will be reinstated on 11-8-88.
3. Certificate of
							 Compliance transmitted to OAL 11-1-88 and filed 11-30-88 (Register 88, No.
							 51).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2051
								and
								2056,
								Unemployment Insurance Code; and
								20 C.F.R. Sections
								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 2051-14 - Hearing Request. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 2-19-88; operative 2-19-88 (Register 88, No. 10).
2.
							 Repealer filed 7-11-88 as an emergency; operative 7-11-88 (Register 88, No.
							 29). A Certificate of Compliance must be transmitted to OAL within 120 days or
							 repealed text will be reinstated on 11-8-88.
3. Certificate of
							 Compliance transmitted to OAL 11-1-88 and filed 11-30-88 (Register 88, No.
							 51).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2051
								and
								2056,
								Unemployment Insurance Code; and
								20 C.F.R. Sections
								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 2051-15 - Rules for Conduct of the Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 2-19-88; operative 2-19-88 (Register 88, No. 10).
2.
							 Repealer filed 7-11-88 as an emergency; operative 7-11-88 (Register 88, No.
							 29). A Certificate of Compliance must be transmitted to OAL within 120 days or
							 repealed text will be reinstated on 11-8-88.
3. Certificate of
							 Compliance transmitted to OAL 11-1-88 and filed 11-30-88 (Register 88, No.
							 51).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2051
								and
								2056,
								Unemployment Insurance Code; and
								20 C.F.R. Sections
								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 2051-16 - Hearing Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 2-19-88; operative 2-19-88 (Register 88, No. 10).
2.
							 Repealer filed 7-11-88 as an emergency; operative 7-11-88 (Register 88, No.
							 29). A Certificate of Compliance must be transmitted to OAL within 120 days or
							 repealed text will be reinstated on 11-8-88.
3. Certificate of
							 Compliance transmitted to OAL 11-1-88 and filed 11-30-88 (Register 88, No.
							 51).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2051
								and
								2056,
								Unemployment Insurance Code; and
								20 C.F.R. Sections
								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 9.5 - EMPLOYMENT FOR OLDER WORKERS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
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 10 - VIOLATIONS › Section 2501-9 - Rules for Conduct of the Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 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.
2. Change without regulatory effect renumbering section
						  2501-9 to
						  2051-9 filed 8-29-94 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 94, No. 35).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Section
							 9605.1,
							 Unemployment Insurance Code; and
							 20 C.F.R. §
															658.417(c)-(m).
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 2 - Disability Compensation › Chapter 1 - General Provisions › Section 2601-1 - Disability Insurance Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the terms used
						  in this part relating to unemployment compensation disability benefits shall
						  have the following meaning:
(a)
						"Affidavit" means a written statement under oath made in compliance with Code
						of Civil Procedure sections
						2012
						through
						2015.6
						including a declaration under penalty of perjury made in compliance with Code
						of Civil Procedure section
						2015.5.
(b) "Authorized representative" of a claimant
						means an individual who:
(1) Is authorized by
						a power of attorney or other authorization satisfactory to the department to
						represent or act on behalf of a disabled person who is incapable of fulfilling
						the requirements of filing claims for disability benefits.
(2) Files with the department upon a
						prescribed form a duly sworn affidavit that the disabled person, according to
						information received by the individual from the disabled person's physician or
						practitioner, is incapable of making a claim for disability benefits, and that
						the individual assumes the responsibility of acting on behalf of such disabled
						person in accordance with the code and this part.
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 2 - Disability Compensation › Chapter 1 - General Provisions › Section 2602-1 - Application of Other Provisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Repealer filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
						  14).
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 2 - Disability Compensation › Chapter 1 - General Provisions › Section 2604-1 - Suspension of Payment from the Unemployment Compensation Disability Fund of Additional Benefits During Hospital Confinement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-1-65 as an emergency; designated effective 4-1-65 (Register 65,
						  No. 5).
2. Repealed by operation of law--Certificate of
						  Non-compliance--§
													11422.1 Gov. Code filed 3-14-66
						  (Register 66, No. 7).
Note: Authority cited: Sections
							 305,
							 306,
							 2602
							 and
							 2604,
							 Unemployment Insurance Code. Reference: Sections
							 2604
							 and
							 2801,
							 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 2 - Disability Compensation › Chapter 1 - General Provisions › Section 2606-1 - Agricultural Labor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 9-5-61; designated effective 9-15-61 (Register 61, No.
						  18).
2. Repealer filed 2-6-76; effective thirtieth day thereafter
						  (Register 76, No. 6). Issuing agency: Department of Benefit
						  Payments.
Note: Authority cited: Sections
							 306
							 and
							 928,
							 Unemployment Insurance Code. Reference: Sections
							 676 and
							 2606, 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 2 - Disability Compensation › Chapter 1 - General Provisions › Section 2606-2 - Agricultural or Horticultural Organizations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 3-14-66; designated effective 3-24-66 (Register 66, No.
						  7).
2. Amendment filed 6-8-72; effective thirtieth day thereafter
						  (Register 72, No. 24).
3. Repealer filed 2-6-76; effective thirtieth
						  day thereafter (Register 76, No. 6).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 1 - Eligibility › Section 2626-1 - Eligibility -Nursing Mother

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A nursing mother who except for the act
						  of breast-feeding is otherwise able to perform her regular or customary work
						  shall be deemed "disabled" as that term is used in subdivision (a) of Section
						  2626 of the code only if one of
						  the following conditions exists:
(1) The act
						  of breast-feeding or nursing the infant induces a physical condition in the
						  claimant that prevents her from performing her regular or customary work and
						  this physical condition is supported by a certificate which meets the
						  requirements of Section
						  2708 of the code.
(2) The act of breast-feeding is medically
						  essential in sustaining the life of the infant and the mother is disabled from
						  an anxiety reaction resulting therefrom which is supported by a certificate
						  which meets the requirements of Section
						  2708 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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 1 - Eligibility › Section 2626.2-1 - Pregnancy-Abnormal and Involuntary Complications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
							 14). For prior history, see Register 78, No. 28.
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2626
								and
								2626.2,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 1 - Eligibility › Section 2626.2-2 - Pregnancy-Related and Unrelated Conditions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
							 14). For prior history, see Register 78, No. 28.
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2626
								and
								2626.2,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 1 - Eligibility › Section 2627(c)-1 - Independent Medical Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section deals with the effect
						  of a request by the director under subdivision (c) of Section
						  2627 of the code for independent
						  medical examinations for the purpose of determining an individual's disability,
						  and the effect of a request by the director under subdivision (c) of Section
						  2706-3 of these regulations for
						  additional evidence by an examining physician of the continuance of an
						  individual's disability during the period covered by a continued
						  claim.
(b) General Principles.
						  Independent medical examinations requested by the director shall meet all of
						  the following conditions:
(1) The request for
						  an examination shall be reasonable.
(2) The examining physician shall be
						  designated by the director to obtain an independent and impartial opinion. If
						  the claimant requests a different examining physician, the examination shall be
						  rescheduled with another physician designated by the director.
(3) The examination and any laboratory or
						  x-ray procedures shall be only extensive enough to determine the individual's
						  ability to perform his or her regular or customary work and the date he or she
						  was or will be able to do so. The examination shall not be considered to be a
						  consultation.
(4) The fee for the
						  examination and any laboratory or X-ray procedures shall be paid by the
						  department in accordance with a fee schedule determined by the
						  director.
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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 2 - COMPUTATION (AMOUNT AND DURATION) › Section 2652-1 - Weekly Disability Rates Effective January 1, 1952. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer filed 11-29-57; designated effective 12-9-57 (Register 57, No. 21).
							 See history note to §
														125-1.
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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 2 - COMPUTATION (AMOUNT AND DURATION) › Section 2657-1 - Allocations of Wages Paid at Irregular or Infrequent Intervals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of determining a claimant's maximum
							 benefits and weekly benefit amount for disability benefits, when because of the
							 irregular or infrequent intervals of the wage payments, wage records would not
							 otherwise fairly indicate the claimant's employment during his or her
							 disability base period, the department shall apportion the amount of such wage
							 payments among the calendar quarters covered by the wages according to the
							 length of employment in each of such quarters.
1. New
							 section filed 9-5-61; designated effective 9-15-61 (Register 61, No.
							 18).
2. Amendment filed 4-1-82; effective thirtieth day thereafter
							 (Register 82, No. 14).
Note: Authority cited: Sections
								305,
								306
								and
								2602,
								Unemployment Insurance Code. Reference: Section
								2657,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 2 - COMPUTATION (AMOUNT AND DURATION) › Section 2658-1 - Affidavit for New Disability Insurance Claims -Periods of Trade Dispute

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the wage
						  records relating to the claim of a person who was involved in a trade dispute
						  during his or her normal disability base period have been destroyed under
						  proper approval, the person shall execute the affidavit provided for in Section
						  2658 of the code. The affidavit
						  shall be on a form prescribed by the department and shall specify the names and
						  addresses of the employers of the disabled person during the calendar quarters
						  immediately preceding the commencement of the trade dispute which are
						  substituted for any quarters excluded from his or her disability base period,
						  and the approximate wages paid to the disabled person by each of such employers
						  in each of such calendar quarters.
(b) If the disabled person is unable to
						  furnish in an affidavit the detail specified by this section, the department
						  shall establish the amount of wages based on the information furnished by an
						  affidavit in substantial compliance with this section. The department may
						  verify such information with the disabled person's prior employers.
1. New
							 section filed 7-14-78; effective thirtieth day thereafter (Register 78, No.
							 28).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								2658,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 3 - DETERMINATIONS OF CONTINUING ELIGIBILITY › Section 2675-1 - In-Office Eligibility Review for Continued Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section establishes an
						  in-office eligibility review process for the purpose of giving claimants
						  suspected of fraud, who are currently receiving disability benefits, a fair and
						  equitable opportunity to be heard in person before a decision is made regarding
						  their continued eligibility to receive disability benefits.
(b) Fraud. When the department has
						  information which leads the director to suspect that a claim is fraudulent, the
						  director may terminate the fraudulent benefit payments to protect the solvency
						  of the Disability Fund, provided the claimant affected is promptly given notice
						  and an opportunity to be heard in person and refute evidence in the
						  department's possession before such termination takes place.
(1) "Fraud" or "suspected of fraud," for
						  purposes of this section may include, but is not limited to, any one of the
						  following circumstances where the department has information that:
(A) The claim was filed by a person other
						  than the individual named on the claim form or an authorized representative of
						  the named individual, leading the director to believe that the claimant is
						  misrepresenting his or her true identity.
(B) The validity of the claimant's diagnosis
						  in the medical certificate, as defined in Section
						  2708,
						  Unemployment Insurance Code (Code), cannot be substantiated by additional
						  medical records and/or evidence from the certifying physician, practitioner, or
						  other persons authorized by Code Sections
						  2708(d) and
						  2708(e), leading
						  the director to believe that the claimant is mispresenting his or her medical
						  condition.
(C) The claimant, either
						  personally or through the assistance of another person, has willfully made a
						  false statement or representation, with actual knowledge of the falsity
						  thereof, or withheld a material fact to obtain benefits.
(D) An organized scheme to defraud the
						  department exists.
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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2705-1 - Payment of Disability Benefits Due Deceased Individuals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a claim for disability benefits is not filed by an
							 otherwise eligible individual prior to his or her death, the first claim for
							 such benefits may be filed, in accordance with Section
							 2706-1 of this part by the
							 surviving spouse, or such other persons or person who may be legally entitled
							 thereto. Payment of benefits shall be made upon receipt of a completed first
							 claim form accompanied by an affidavit executed by such person or persons. The
							 payment by the department of such benefits upon receipt of such affidavit, or
							 affidavits, shall discharge the obligations of the department to the extent of
							 such payment, without the necessity of inquiring into the truth of any of the
							 facts stated in the affidavit. The department shall prescribe the form of
							 affidavit to be executed.
1.
							 Amendment filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
							 14).
Note: Authority cited: Sections
								305,
								306
								and
								2602,
								Unemployment Insurance Code. Reference: Section
								2705,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2705.1-1 - Payment of Disability Benefits Due Mentally Incapacitated Individuals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a claim for
						  disability benefits is not filed by an otherwise eligible individual because he
						  or she is mentally unable to make a claim, the claim may be filed by a spouse,
						  domestic partner, or other legally authorized representative of the individual.
						  The claim shall comply with Section
						  2706-1 or
						  2706-3 of these regulations. The
						  representative shall submit a certificate executed by the physician or
						  practitioner attending the individual certifying that the individual is
						  mentally unable to make a claim for disability benefits, and certifying the
						  type of practice of the physician or practitioner, and the state licensing the
						  practice. The representative shall also execute and submit a declaration under
						  penalty of perjury which states that the declarant has been informed by such
						  physician or practitioner that the individual is mentally unable to make a
						  claim for disability benefits, and one of the following:
(1) That the declarant is the legally
						  authorized representative of the individual.
(2) That the declarant is the spouse or
						  domestic partner of the individual, and that there is no other legally
						  authorized representative of the individual.
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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2706-3 - Continued Claim for Disability Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A claimant or his or her authorized
						  representative may, within 20 days from either the last day covered by the most
						  recent continued claim or from the day he or she receives the continued claim
						  form from the department, whichever day is later, file a continued claim. The
						  20-day period shall be extended by the department upon a showing of good
						  cause.
(b) A separate continued
						  claim shall be filed, on the form prescribed and furnished to the claimant by
						  the department, for each period not exceeding 14 days subsequent to the period
						  covered by the first claim. A continued claim may cover an uninterrupted period
						  of disability of more than 14 days in any case where the department for good
						  cause finds it necessary or desirable.
(c) The department may request additional
						  evidence to accompany or supplement a continued claim, if additional evidence
						  can be secured without additional fee to the claimant. Upon such request, the
						  claimant shall submit to the department additional evidence of the continuance
						  of his or her unemployment and disability during the period covered by the
						  continued claim. Such evidence shall include a statement as to the facts of the
						  claimant's disability by one of the following:
(1) The physician or practitioner attending
						  the claimant.
(2) An authorized
						  representative of the hospital or other recognized health facility in which the
						  claimant is confined or receiving treatment.
(3) An examining physician or other
						  authorized representative of the 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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2706-4 - Claims May Be Filed by Mail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All claims and other required documents relating
							 thereto may be filed by mail except in those cases where the claimant is
							 notified by the department that a personal appearance or examination will be
							 required. Filing by mail shall be deemed complete at the time of deposit in the
							 mail, in a sealed envelope, with postage paid, addressed to the
							 department.
1. New
							 NOTE filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
							 14).
Note: Authority cited: Sections
								305,
								306
								and
								2602,
								Unemployment Insurance Code. Reference: Section
								2706,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2706-6 - Filing and Timeliness of Continued and Re-Established Claims for Family Temporary Disability Insurance Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A separate continued claim must be filed,
						  on the form prescribed and furnished to the claimant by the department,
						  containing elements described in Section
						  2706-2, for each period subsequent
						  to the period covered by the first or re-established claim. A claimant or his
						  or her authorized representative may, within 20 days from either the last day
						  covered by the most recent continued claim or from the day he or she receives
						  the continued claim form from the department, whichever day is later, file a
						  continued claim. The 20-day period will be extended by the department upon a
						  showing of good cause.
(b) An
						  individual must file a re-established claim form, containing elements described
						  in Section
						  2706-2, for Family Temporary
						  Disability Insurance benefits not later than the 41st consecutive day following
						  the first compensable day with respect to which the claim is made for benefits.
						  The time will be extended by the department upon a showing of good cause. If a
						  re-established claim form is not complete, the claim form will be returned to
						  the claimant for completion and it must be completed and returned not later
						  than the 10th consecutive day after the date it was mailed by the department to
						  the claimant. The time will be extended by the department upon a showing of
						  good cause.
1. New
							 section filed 6-23-2004; operative 7-1-2004 pursuant to Government Code section
							 11343.4
							 (Register 2004, No. 26).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2706
								and
								3301(e),
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2706.1-1 - Employers' Duties Regarding Notification to Employees of Potential Disability Insurance Benefits and Change of Status. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 10-15-93; operative 11-15-93 (Register 93, No. 42).
2.
							 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
								1089,
								2613
								and
								2706,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2707.2-1 - Notices to Family Temporary Disability Insurance Claimants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A claimant shall be notified in writing of any
							 determination on his or her claim and of the reasons for any denial of his or
							 her claim. Appeals from such determinations or denials of his or her claim may
							 be filed in accordance with section
							 2707.2 of the code and Sections
							 5000-5111 of these regulations
							 which set forth the applicable appeals procedures.
1.
							 Amendment of section heading and new section and NOTE filed 11-13-2012;
							 operative 12-13-2012 (Register 2012, No. 46). For prior history, see Register
							 82, No. 14.
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								2707.2,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2708-1 - Interstate Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disability benefits shall not be payable to any
							 claimant who is unemployed and disabled while outside of this State unless the
							 claimant complies with Sections
							 2706-1 through
							 2706-4 of these
							 regulations.
1. New
							 NOTE filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
							 14).
Note: Authority cited: Sections
								305,
								306
								and
								2602,
								Unemployment Insurance Code. Reference: Section
								2708,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2708(c)-1 - Acceptable Documentation for a Child's Birth, Adoption, Foster Care Placement, or Legal Guardianship Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When filing a claim to bond with a new
						  child after birth, adoption, foster care placement, or legal guardianship
						  placement, the claimant shall include an original or copy of a supporting
						  document that provides sufficient information to establish the relationship
						  between the claimant and the new child. The department may, at its discretion,
						  accept a supporting document that does not contain all of the information
						  prescribed under this section provided that the department can readily obtain
						  the information through reasonable means or ascertain that there is no intent
						  to defraud.
(1) A supporting document shall
						  include the child's:
(A) name.
(B) date of birth.
(C) gender.
(D) social security account number, if
						  available. Absence of child's social security account number shall not
						  disqualify claimant.
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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2708(d)-1(a) - Time Period for Suspending Claim While Awaiting Response to Request for License Verification of Medical Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the license status of a physician or
						  practitioner for a State Disability Insurance or Family Temporary Disability
						  Insurance claim is being determined as required in Section
						  2708 of the code, the claim shall
						  be held in suspense. The term of the suspense while awaiting a response to the
						  verification request shall not be more than 90 days. If a response to the
						  verification request is not received within this time period, the claim will be
						  disqualified.
1. New
							 section filed 4-20-2007; operative 5-20-2007 (Register 2007, No.
							 16).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								2708,
								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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2708(d)-1(b) - Acceptable Documentation for License Verification of Medical Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(b) A determination
						  as to whether a medical provider is duly licensed or certified shall be based
						  on receipt or confirmation of one of the types of supporting information or
						  documentation listed below:
(1) An official
						  document from the state of foreign licensing or regulatory agency certifying
						  that the medical provider is duly licensed or certified in the state or foreign
						  country;
(2) A copy of the medical
						  provider's license or registration bearing the official seal or stamp of the
						  state or foreign licensing or regulatory agency;
(3) Completion of the form provided by the
						  department indicating whether the provider is duly licensed or certified, and
						  bearing the signature and official seal or stamp of the licensing or regulatory
						  agency as appropriate;
(4)
						  Confirmation of the medical provider's license status by viewing the state or
						  foreign country regulatory licensing agency's internet website established for
						  license verification purposes;
(5)
						  Confirmation of the medical provider's license status by speaking directly with
						  the state or foreign country regulatory or licensing agency staff responsible
						  for providing official license verification 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 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2708(d)-1(c) - Withholding of Benefit Payments During License Verification Suspense Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(c) During the
						  90-day suspense period, no action shall be taken on a claim and no benefits
						  shall be paid until the supporting information or documentation listed in
						  Section 2708(d) -
						  1(b) of these
						  regulations is received. If an acceptable verification is not received within
						  the 90-day period, an otherwise eligible claim shall be disqualified.
1. New
							 section filed 4-20-2007; operative 5-20-2007 (Register 2007, No.
							 16).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								2708,
								Unemployment Insurance Code.