Section 3301 of the Unemployment Insurance Code
Eligible workers shall receive benefits in accordance with provisions established under this division. Effective January 1, Operative January 1, , by Sec. Benefits payable on or after July 1, , as prescribed by Sec. If the director finds that any individual falsely certifies the medical condition of any person in order to obtain family temporary disability insurance benefits, with the intent to defraud, whether for the maker or for any other person, the director shall assess a penalty against the individual in the amount of 25 percent of the benefits paid as a result of the false certification.
The provisions of Article 8 commencing with Section of Chapter 4 of Part 1, with respect to assessments, the provisions of Article 9 commencing with Section of Chapter 4 of Part 1, with respect to refunds, and the provisions of Chapter 7 commencing with Section of Part 1, with respect to collections, shall apply to the assessments provided by this section.
Penalties collected under this section shall be deposited in the contingent fund. The director may require that the additional evidence include any or all of the following information:. The statement shall be completed by any of the following people:. This information need only be provided to the department.
A copy of new active duty orders or other documentation issued by the military may be required by the department if the need for leave because of a qualifying exigency arises out of a different covered active duty or call to covered active duty or notification of an impending call or order to covered active duty of the same or a different family member. The facts shall be sufficient to support the need for leave and may include information on the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave.
For example, this information may include a copy of a meeting announcement for informational briefings sponsored by the military, a document confirming an appointment with a counselor or school official, or a copy of a bill for services for the handling of legal or financial affairs.
However, if the qualifying exigency involves meeting with a third party, the department may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and the nature of the meeting between the employee and the specified individual or entity. First Union Commercial Corp. Please support our work with a donation.
Steven M. Goldstein appeals following the denial of his petition for writ of administrative mandate to compel the California Unemployment Insurance Appeals Board the Board to set aside its decision denying unemployment insurance benefits. We agree with Goldstein that the Board misapplied the governing law, thereby committing an abuse of discretion. However, because Goldstein fails to show that the error was prejudicial, we nevertheless affirm.
Accordingly, Goldstein must have filed his First Claim, which does not appear in the Administrative Record, sometime during the week of March 10, Goldstein stopped receiving unemployment insurance benefits because, in August , he successfully applied for disability benefits. He received disability benefits until he exhausted his maximum benefit amount in early September Goldstein filed a second claim for unemployment insurance benefits the Second Claim , which had an effective date of March 23, Goldstein filed an administrative appeal.
The ALJ noted that disability benefits qualify as wages under section On July 1, , Goldstein filed a complaint against the Board in superior court and petitioned for a writ of mandate compelling the Board to reverse its denial of the Second Claim. Code Sections , Unemployment Insurance Code Section Goldstein, proceeding in propria persona as he has throughout, timely appealed.
Legal Principles 1. Board is governed by Code of Civil Procedure section California Unemployment Ins. Appeals Bd. Code of Civil Procedure section Mandamus Cont. Bar 3d ed.
In mandate proceedings, courts of appeal review legal questions, including questions of statutory interpretation, de novo. Santa Clara Valley Transportation Authority v. Rea Cal.
Companies v. Quackenbush 52 Cal. County of Los Angeles 3 Cal. Fund v. Pair 46 Cal.
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The Statutory Scheme a. Oakland Unified School Dist.
The base period set forth in section , subdivision a excludes earnings in the last three to six months of employment. Rules Com. Floor Analyses, 3d reading analysis of Assem. Bill No. In , the Legislature enacted section , subdivision b , which sets forth an alternative base period. Section The Board also cites section Section Governs the Validity of the Second Claim The validity of a second claim for unemployment benefits is governed by either section or section Otherwise, section applies.
- Section of the Unemployment Insurance Code;
- Lighting the Tree.
We begin by considering which of these provisions governs the validity of the Second Claim. Goldstein assumes that section governs without any factual or legal analysis. The Board cites both section and section No administrative law judge shall participate in any case in which he is an interested party. The appeals board shall appoint a chief administrative law judge who shall be a member in good standing of the State Bar of California.
The duties of the chief administrative law judge include:. In any case before it, the appeals board may delegate to any one of its members or to a special examiner or administrative law judge the taking or hearing of evidence.
Codes Display Text
The appeals board and its duly authorized representatives in the performance of its duties under this division shall have the powers of a head of a department as set forth in Sections to , inclusive, of the Government Code. All decisions and orders of the Appeals Board shall be in writing.
The chairperson shall assign cases before the board to any two members of the board for consideration and decision. Assignments by the chairperson of members to the cases shall be rotated so as to equalize the workload of the members, but with the composition of the members so assigned being varied and changed to assure that there shall never be a fixed and continuous composition of members. Except as otherwise provided, the decision of the two members assigned the case shall be the decision of the appeals board.
In the event that the two members do not concur in the decision, the chairperson or another member of the board designated by the chairperson shall be assigned to the panel and shall resolve the impasse.
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A case shall be considered and decided by the appeals board acting as a whole at the request of any member of the appeals board. The appeals board shall meet as a whole when the chairperson may direct to consider and pass on any matters that the chairperson may bring before it, and to consider and decide cases that present issues of first impression or that will enable the appeals board to achieve uniformity of decisions by the respective members.
The appeals board, acting as a whole, may designate certain of its decisions as precedents. Precedent decisions of the appeals board are subject to Section The appeals board, acting as a whole, may, on its own motion, reconsider a previously issued decision solely to determine whether or not the decision shall be designated as a precedent decision. Decisions of the appeals board acting as a whole shall be by a majority vote of its members.
The director and the appeals board administrative law judges shall be controlled by those precedents except as modified by judicial review. If the appeals board issues decisions other than those designated as precedent decisions, anything incorporated in those decisions shall be physically attached to and be made a part of the decisions.