2024 California Code
Unemployment Insurance Code - UIC
DIVISION 1 - UNEMPLOYMENT AND DISABILITY COMPENSATION
PART 1 - UNEMPLOYMENT COMPENSATION
CHAPTER 5 - Unemployment Compensation Benefits
ARTICLE 3 - Filing, Determination, and Payment of Unemployment Compensation Benefit Claims
Section 1328.

1328. (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 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.

(Amended by Stats. 2022, Ch. 67, Sec. 23. (SB 191) Effective June 30, 2022.)