California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 2 - California Unemployment Insurance Appeals Board › Chapter 1 - General › Section 5000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise required by the context or specified in
					 the code or these rules, for the purpose of these rules:
(a) "Administrative law judge" means any
				  person, including any board staff administrative law judge, appointed as
				  provided by law to hear and render decisions pursuant to code section
				  404.
(b) "Administrative record" consists of the
				  pleadings, all notices and orders issued by the agency, any decision by an
				  administrative law judge or the board, a transcript of all proceedings, the
				  exhibits admitted or rejected, the written evidence and any other papers in the
				  case.
(c) "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.
(d) "Agency" means the administrative unit
				  consisting of the board and its employees.
(e) "Appeal" means a request for review of an
				  adverse department action by an administrative law judge, other than a
				  petition.
(f) "Appellant" means a
				  party initiating an appeal.
(g)
				  "Appellate operations" means the activities carried on by the agency to
				  adjudicate board appeals.
(h)
				  "Applicant" means a person or representative of a person initiating an
				  application.
(i) "Application"
				  means a request for action by an administrative law judge or the board, other
				  than an appeal, petition, or board appeal, filed or stated by the applicant to
				  an administrative law judge.
(j)
				  "Audiovisual record" means the original or a copy of any audio or video record
				  of the proceedings maintained by the agency.
(k) "Board" means the California Unemployment
				  Insurance Appeals Board.
(l) "Board
				  appeal" means a request for review of an adverse decision or order of an
				  administrative law judge by the board.
(m) "Board appellant" means a party
				  initiating a board appeal.
(n)
				  "Board office" means the principal office of the board.
(o) "Board respondent" means a party
				  responding to a board appeal.
(p)
				  "Case file" means the written information about a case maintained by the
				  agency, including the case register, but excluding internal agency deliberative
				  and case management documents, the audiovisual record, and any transcript that
				  has been prepared.
(q) "Case
				  register" means the written record of communications with and transactions by
				  the agency in a case, excluding the audiovisual record.
(r) "Chairperson" means the board member
				  designated by the governor to hold that office, or, in the absence of the
				  chairperson, a board member designated to act as chairperson as provided by
				  code section
				  401.
(s) "Chief administrative law judge" means
				  the person appointed to serve as provided by code sections
				  405 and
				  406.
(t) "Claimant" means a person claiming
				  benefits under the code.
(u)
				  "Clerical error" means an error, mistake, or omission, by any employee of the
				  agency, which is the result of inadvertence, not the deliberate result of the
				  exercise of judgment, discretion, or reasoning.
(v) "Code" means the Unemployment Insurance
				  Code.
(w) "Consumer" means a
				  consumer as defined in Code of Civil Procedure section
				  1985.3(a)(2).
(x) "Day" means a calendar day.
(y) "Decision" means decision as defined in
				  Government Code section
				  11405.50.
(z) "Department" means the Employment
				  Development Department.
(aa)
				  "Department branch" means the applicable branch of the department.
(bb) "Director" means the director of the
				  Employment Development Department.
(cc) "Document" means a writing as defined in
				  this rule.
(dd) "Electronic
				  hearing" means a hearing in which a party or witness has the opportunity to
				  participate by telephone, video, or other electronic means.
(ee) "Electronically transmit" means transmit
				  by facsimile, electronic mail, Internet, or other electronic means, to a valid
				  electronic address of the recipient which has been furnished by the recipient,
				  provided that any document in which a signature is required or used is
				  transmitted by a means that transmits the original or a copy of the
				  signature.
(ff) "Express" means
				  ship by express service common carrier, for next day or second day delivery,
				  addressed to the recipient's street address last known to the sender, with
				  shipping charges prepaid or guaranteed.
(gg) "Field operations" means the activities
				  carried on by the agency to adjudicate appeals and petitions.
(hh) "Filing" means sending in writing to the
				  agency or department branch office where the case is located. If the person
				  filing does not know that location, the document may be sent to any office of
				  the agency or the department branch. A document is filed on the date it is
				  sent.
(ii) "Good cause" means a
				  substantial reason under the circumstances, considering the diligence of the
				  proponent and any burden or prejudice to any person involved. "Good cause"
				  includes, but is not limited to, mistake, surprise, inadvertence, or excusable
				  neglect.
(jj) "Holiday" means
				  holiday as defined in Code of Civil Procedure section
				  12a.
(kk) "Mail" means deposit with the United
				  States Postal Service, addressed to the recipient's mailing address last known
				  to the sender, with express, priority, or first class postage
				  prepaid.
(ll) "Notice to attend"
				  means a request that a person testify as a witness in a hearing.
(mm) "Notice to attend and produce" means a
				  notice to attend which includes a request that the witness produce documents or
				  things.
(nn) "Office" means a
				  facility regularly maintained and staffed during normal business hours by a
				  party or the agency, where any activity of the party or the agency is carried
				  on.
(oo) "Office of appeals" means
				  a field operations office of the agency which is so named, or the office of the
				  chief administrative law judge.
(pp) "Order" means a disposition, other than
				  a decision, issued by an administrative law judge or the board, and served by
				  the agency.
(qq) "Panel" means the
				  board members assigned to a case as provided by code section
				  409.
(rr) "Party" includes the department,
				  appellant, petitioner, respondent, board appellant, board respondent, any other
				  person joined or allowed to intervene in the proceeding, or a representative of
				  any of these.
(ss) "Person"
				  includes a natural person, firm, association, organization, partnership,
				  estate, trust, corporation, limited liability company, or public
				  entity.
(tt) "Personal records"
				  means personal records as defined in Code of Civil Procedure section
				  1985.3(a)(1).
(uu) "Petition" means a tax petition, which
				  is any type of request for review of an adverse department action by an
				  administrative law judge that is authorized by Chapter 4 of Part 1 of Division
				  1 of the code.
(vv) "Petitioner"
				  means a party initiating a petition.
(ww) "Presiding administrative law judge"
				  means a person appointed to administer the activities of an office of appeals
				  or the board staff in addition to performing the duties of an administrative
				  law judge.
(xx) "Representative"
				  means a person with actual or apparent authority to represent another in a
				  proceeding.
(yy) "Respondent" means
				  a party responding to an appeal or petition.
(zz) "Rule" means a provision of these
				  regulations.
(aaa) "Send" means
				  mail, express, electronically transmit, or physically deliver.
(bbb) "Serve" means send in writing to each
				  unrepresented party and to the representative of each represented party. The
				  agency need not serve a document on the party that filed it. A document is
				  served on the date it is sent.
(ccc) "Signature" includes a mark made in
				  compliance with Section
				  14 of the Civil
				  Code, or a digital signature affixed by any means used by the sender, accepted
				  by the recipient, and acceptable under Section
				  16.5 of
				  the Government Code and Chapter 10 of Division 7 of Title 2 of the California
				  Code of Regulations.
(ddd)
				  "Subpoena" means an order that a person testify as a witness in a
				  hearing.
(eee) "Subpoena duces
				  tecum" means a subpoena which includes an order that the witness produce
				  documents or things.
(fff)
				  "Untimely" means not filed or served within the time permitted by the code or
				  these rules.
(ggg) "Waiver" means
				  the intentional relinquishment of a known right.
(hhh) "Writing" means the original or a copy
				  of any form of recorded message capable of comprehension by ordinary visual
				  means.
(iii) All terms which are
				  defined in the code shall be construed as defined therein.
(jjj) These definitions apply to the term
				  defined and to its conjugates.
(kkk) The singular includes the plural and
				  the plural the singular.
1. Repealer
					 of Sections
					 5000 through
					 7061 and new Sections
					 5000-5005,
					 5020-5047,
					 5100-5121,
					 5130-5141,
					 5160-5168 filed 1-20-66; effective
					 thirtieth day thereafter (Register 66, No. 2). For prior history, see Register
					 54, No. 14
2. Redesignation from Article 1 (Sections
					 5000-5005) to Chapter 1 (Sections
					 5000-5005) filed 4-5-77; effective
					 thirtieth day thereafter (Register 77, No. 15).
3. Amendment filed
					 4-5-77; effective thirtieth day thereafter (Register 77, No. 15).
4.
					 Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
5.
					 Renumbering and amendment of former Section
					 5002 to Section
					 5000 filed 7-22-86; effective
					 thirtieth day thereafter (Register 86, No. 31).
6. Amendment of
					 subsection (b), new subsections (j)-(n), and amendment of 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).
7. Amendment of chapter 1 heading, repealer
					 of article 1 heading, amendment of section, and repealer and new NOTE filed
					 2-4-99; operative 3-6-99 (Register 99, No. 6).
8. Amendment of
					 subsection (o) filed 10-7-2002; operative 11-6-2002 (Register 2002, No.
					 41).
9. New subsection (b), subsection relettering and amendment of
					 newly designated (zz) filed 2-1-2023; operative 4-1-2023 (Register 2023, No.
					 5).
Note: Authority cited: Section
						11400.20,
						Government Code; and Section
						411,
						Unemployment Insurance Code. Reference: Sections
						1951,
						2712
						and
						3262,
						Unemployment Insurance Code.