Section 1032.5 Of Article 4. Reserve Accounts From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 4.
1032.5
. (a) Any base period employer may, within 15 days after
mailing of a notice of computation under subdivision (a) of Section
1329, submit to the department facts within its possession disclosing
that the individual claiming benefits is rendering services for that
employer in less than full-time work, and that the individual has
continuously, commencing in or prior to the beginning of the base
period, rendered services for that employer in such less than
full-time work.
(b) The department shall consider facts submitted under
subdivision (a) of this section together with any information in its
possession and promptly notify the employer of its ruling. If the
department finds that an individual is, under Section 1252,
unemployed in any week on the basis of his or her having less than
full-time work, and that the employer submitting facts under this
section is a base period employer for whom the individual has
continuously, commencing in or prior to the beginning of the base
period, rendered services in such less than full-time work, that
employer's account shall not be charged, except as provided by
Section 1026 or if the department determines pursuant to Section
1026.1 that the employer's reserve account should not be credited,
for benefits paid the individual in any week in which such wages are
payable by that employer to the individual. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 30 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 30-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to any appeal. The department may for good cause
reconsider any ruling or reconsidered ruling within either five days
after an appeal to an administrative law judge is filed or, if no
appeal is filed, within 30 days after mailing or personal service of
the notice of the ruling or reconsidered ruling.
(c) This section shall become operative on July 1, 2015.