Section 1093 Of Article 6. Records, Reports And Contribution Payments From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 6.
1093
. In the event any employer shall fail to keep and furnish to
the director, upon notice, any required records or reports necessary
for a full determination, decision on appeal, or other proper
disposition of any claim for benefits in any proceeding under this
division, within such reasonable time as the director may by rule,
regulation, or procedure prescribe, it shall be conclusively presumed
that the claimant is entitled to the maximum total amount of
benefits payable under this division unless it is established by
other evidence which the director deems sufficient that a lesser
total amount of benefits is properly due and owing to the claimant.
If so established by other evidence upon default of the employer,
after notice, such lesser total amount of benefits thus determined
shall be conclusive. In all cases in which such presumptions shall
apply, if the claimant has earned wages in employment for more than
one employer during his base period, the accounts of the employer or
employers who have properly kept and furnished the required records
or reports shall not be charged with benefits in an amount exceeding
that which such accounts would have been charged had the claimant
been entitled only to benefits determined by the total of the wages
earned and the number of calendar quarters worked for them and all
benefits paid in excess thereof shall be charged solely against the
accounts of the employer or employers who have failed to keep or
furnish the required records or reports.