Section 1328 Of Article 3. Filing, Determination, And Payment Of Unemployment Compensation Benefit Claims From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 5. >> Article 3.
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. (a) The department shall consider the facts submitted by an
employer pursuant to Section 1327 and make a determination as to the
claimant's eligibility for benefits. The department shall promptly
notify the claimant and any employer who before the determination has
submitted facts or given notice pursuant to Section 1327 or this
section and authorized regulations of the determination or
reconsidered determination and the reasons therefor. If, after notice
of a determination or reconsidered determination, the employing unit
acquires knowledge of facts that may affect the eligibility of the
claimant and those facts could not reasonably have been known within
the 10-day period provided by Section 1327, the employing unit shall
within 10 days of acquiring that knowledge submit those facts to the
department, and the 10-day period may be extended for good cause. The
claimant and the employer may appeal from a determination or
reconsidered determination to an administrative law judge within 30
days from mailing or personal service of notice of the determination
or reconsidered determination. 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.
(b) This section shall become operative on July 1, 2015.