2001 Legislation
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SENATE BILL NO. 1020 – Unemploymnt claim/emplyr info/time


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Daily Data Tracking History

S1020.......................................by COMMERCE AND HUMAN RESOURCES
UNEMPLOYMENT CLAIMS - Amends existing law to delete the penalty for
employers who fail to provide separation information within ten days of a
request from the Department of Labor.
01/17    Senate intro - 1st rdg - to printing
01/18    Rpt prt - to Com/HuRes
01/19    Rpt out - rec d/p - to 2nd rdg
01/22    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 30-0-4(1 vacant)
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw,
      Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh,
      Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Branch, Cameron, Davis, Risch
      Vacant -- Dist. #4
    Floor Sponsor - Ipsen
    Title apvd - to House
02/02    House intro - 1st rdg - to Com/HuRes
02/16    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 67-0-3
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Ellsworth, Jones, Swan
    Floor Sponsor -- Ridinger
    Title apvd - to Senate
03/01    To enrol
03/02    Rpt enrol - Pres signed
03/05    Sp signed
03/06    To Governor
03/08    Governor signed
         Session Law Chapter 37
         Effective: 03/08/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                       IN THE SENATE
                                    SENATE BILL NO. 1020
  1                                        AN ACT
  5        GENCY.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 72-1368, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
  9        72-1368.  CLAIMS FOR BENEFITS AND APPELLATE PROCEDURE. (1) Claims for ben-
 10    efits  shall  be  made  in accordance with such rules as the director may pre-
 11    scribe.
 12        (2)  (a) Each employer shall post and maintain in places readily  accessi-
 13    ble  to  individuals performing services for him printed statements concerning
 14    benefit rights under this chapter which shall be provided  by  the  department
 15    without cost to the employer.
 16        (b)  On  and  after  July  1,  1999, an employer who receives a department
 17        request for separation information after a claim has been filed shall pro-
 18        vide the information to the department within ten (10) days from the  date
 19        the  request was mailed. The time limit provided in this subsection may be
 20        extended by the department at its  discretion,  upon  the  request  of  an
 21        employer. Notwithstanding any other provision of this chapter, an employer
 22        who fails, without good cause, to provide the requested information within
 23        the  time  provided  in  this  subsection or as extended by the department
 24        shall be precluded  from  contesting  any  determinations  on  the  claim,
 25        including chargeability determinations, or participating in any hearing on
 26        the  claim  as  an interested party. If an employer asserts that there was
 27        good cause for such failure or that the requested information was provided
 28        by the due date, the employer must so notify  the  department  in  writing
 29        within  fourteen  (14) days after notice, as provided in subsection (5) of
 30        this section, of the initial determination on the claim.  After  affording
 31        the  employer  a  reasonable  opportunity  for  a hearing on the issue, an
 32        appeals examiner shall decide whether the  employer  has  shown  that  the
 33        requested  information  was  provided  by  the due date or that good cause
 34        existed for the failure to provide the requested information  by  the  due
 35        date. The decision of the appeals examiner shall be final and shall not be
 36        subject to appeal. If the appeals examiner decides that the requested sep-
 37        aration information was provided to the department by the due date or that
 38        good cause existed for the employer's failure to timely provide the infor-
 39        mation,  the  employer  shall  have fourteen (14) days after notice of the
 40        decision to contest any determinations that have been issued on the claim.
 41        (3)  A representative of the  department  hereinafter  referred  to  as  a
 42    claims examiner shall examine a claim filed pursuant to subsection (1) of this
 43    section  and,  on the basis of the facts found by him, shall determine whether
  1    the claimant is eligible for benefits and, if eligible, the date  his  benefit
  2    year  begins,  the  weekly  benefit amount, the total benefit amount, the base
  3    period wages, and the base period covered employers. In the event of a  denial
  4    of  benefits,  the determination shall include the reasons for the ineligibil-
  5    ity. Before the determination becomes final or an appeal is filed, the  claims
  6    examiner, on his own motion, may issue a revised determination. The determina-
  7    tion  or revised determination shall become final unless, within fourteen (14)
  8    days after notice, as provided in subsection (5) of this section,   an  appeal
  9    is filed by an interested party with the department.
 10        (4)  The  director  may  make  a special redetermination whenever he finds
 11    that a departmental error has occurred in connection with a determination,  or
 12    that  additional wages of the claimant or other facts pertinent to such deter-
 13    mination have become available or have been newly discovered, or that benefits
 14    have been allowed or denied or the amount of benefits fixed on  the  basis  of
 15    nondisclosure  or  misrepresentation of fact. The special redetermination must
 16    be made within one (1) year from  the  date  of  the  original  determination,
 17    except  that  a special redetermination involving a finding that benefits have
 18    been allowed or denied or the  amount  of  benefits  fixed  on  the  basis  of
 19    nondisclosures  or misrepresentations of fact may be made within two (2) years
 20    from the date of the original determination. Subject to the  same  limitations
 21    and  for  the same reasons, the director may make a special redetermination in
 22    any case in which the final decision has been rendered by an appeals examiner,
 23    the commission, or a court and may apply to the appeal tribunal which rendered
 24    such final decision to issue a revised decision. In the event that  an  appeal
 25    involving  an original determination is pending as of the date a special rede-
 26    termination is issued, the appeal, unless withdrawn, shall be  treated  as  an
 27    appeal from the special redetermination.
 28        (5)  All  interested parties shall be entitled to prompt service of notice
 29    of determinations and decisions. A notice shall be deemed served if  delivered
 30    to  the person being served or if mailed to his last known address; service by
 31    mail shall be deemed complete on the date of mailing.
 32        (6)  To hear and decide appeals from determinations and  redeterminations,
 33    the  director shall appoint appeals examiners. Unless the appeal is withdrawn,
 34    the appeals examiner shall affirm, modify, set aside or reverse the determina-
 35    tion or redetermination involved, after affording the interested parties  rea-
 36    sonable  opportunity  for  a  fair  hearing, or may refer a matter back to the
 37    claims examiner for further action.  The appeals  examiner  shall  notify  the
 38    interested  parties  of  his  decision by serving notice in the same manner as
 39    provided in subsection (5) of this section. The decision shall set forth find-
 40    ings of fact and conclusions of law. The appeals  examiner  may,  either  upon
 41    application for rehearing by an interested party or on his own motion, rehear,
 42    affirm,  modify,  set  aside or reverse any prior decision on the basis of the
 43    evidence previously submitted or on the basis  of  additional  evidence;  pro-
 44    vided,  that such application or motion be made within ten (10) days after the
 45    date of service of the decision. A complete record shall be kept of  all  pro-
 46    ceedings  in  connection  with an appealed claim. All testimony at any hearing
 47    shall be recorded. If a claim for review of the appeals examiner's decision is
 48    filed with the commission, the testimony shall be transcribed  if  ordered  by
 49    the  commission. Witnesses subpoenaed by the appeals examiner shall be allowed
 50    fees at a rate prescribed by the director. If any interested party to a  hear-
 51    ing  formally  requests the appeals examiner to issue a subpoena for a witness
 52    whose evidence is deemed necessary, the appeals examiner shall promptly  issue
 53    the  subpoena, unless such request is determined to be unreasonable. Unless an
 54    interested party shall within fourteen (14) days after service of the decision
 55    of the appeals examiner file with the commission a claim for review or  unless
  1    an  application  or motion is made for a rehearing of such decision, the deci-
  2    sion of the appeals examiner shall become final.
  3        (7)  The commission shall decide all claims for review filed by any inter-
  4    ested party in accordance with its own rules  of  procedure  not  in  conflict
  5    herewith. The record before the commission shall consist of the record of pro-
  6    ceedings before the appeals examiner, unless it appears to the commission that
  7    the  interests of justice require that the interested  parties be permitted to
  8    present additional evidence. In that event, the commission may,  in  its  sole
  9    discretion,  conduct  a  hearing  or may remand the matter back to the appeals
 10    examiner for an additional hearing and decision. On the basis of the record of
 11    proceedings before the appeals examiner as well  as  additional  evidence,  if
 12    allowed, the commission shall affirm, reverse, modify, set aside or revise the
 13    decision  of  the appeals examiner or may refer the matter back to the appeals
 14    examiner for further proceedings. The commission shall file its  decision  and
 15    shall promptly serve notice of its decision to all interested parties. A deci-
 16    sion of the commission shall be final and conclusive as to all matters adjudi-
 17    cated  by the commission upon filing the decision in the office of the commis-
 18    sion; provided, within twenty (20) days from the date of filing the  decision,
 19    any  party  may move for reconsideration of the decision or the commission may
 20    rehear or reconsider its decision on its own initiative. The decision shall be
 21    final upon denial of a motion for rehearing or reconsideration or  the  filing
 22    of the decision on reconsideration.
 23        (8)  No  person acting on behalf of the director or any member of the com-
 24    mission shall participate in any case in which he has  a  direct  or  indirect
 25    personal interest.
 26        (9)  An  appeal may be made to the Supreme Court from decisions and orders
 27    of the commission within the times and in the manner prescribed by rule of the
 28    Supreme Court.
 29        (10) (a) Benefits shall be paid promptly in accordance with  any  decision
 30        allowing benefits, regardless of:
 31             (i)   The pendency of a time period for filing an appeal or petition-
 32             ing for commission review; or
 33             (ii)  The pendency of an appeal or petition for review.
 34        (b)  Such  payments shall not be withheld until a subsequent appeals exam-
 35        iner decision or commission decision modifies  or  reverses  the  previous
 36        decision,  in  which  event benefits shall be paid or denied in accordance
 37        with such decision.
 38        (11) (a) Any right, fact, or matter in issue, directly based upon or  nec-
 39        essarily  involved  in  a  determination, redetermination, decision of the
 40        appeals examiner or decision of the commission  which  has  become  final,
 41        shall  be  conclusive  for all the purposes of this chapter as between the
 42        interested parties who had notice of such  determination,  redetermination
 43        or  decision.  Subject  to  appeal  proceedings and judicial review by the
 44        Supreme Court as set forth in this section, any determination,  redetermi-
 45        nation  or  decision  as to rights to benefits shall be conclusive for all
 46        purposes of this chapter and shall not be  subject  to  collateral  attack
 47        irrespective of notice.
 48        (b)  No  finding  of  fact or conclusion of law contained in a decision or
 49        determination rendered pursuant to this chapter by  an  appeals  examiner,
 50        the industrial commission, a court, or any other person authorized to make
 51        such  determinations  shall  have preclusive effect in any other action or
 52        proceeding, except proceedings that are brought (i) pursuant to this chap-
 53        ter, (ii)  to  collect  unemployment  insurance  contributions,  (iii)  to
 54        recover  overpayments of unemployment insurance benefits, or (iv) to chal-
 55        lenge the constitutionality of provisions of this chapter  or  administra-
  1        tive proceedings under this chapter.
  2        (12) The provisions of the Idaho administrative procedure act, chapter 52,
  3    title  67,  Idaho  Code, regarding contested cases and judicial review of con-
  4    tested cases are inapplicable to proceedings  involving  claimants  under  the
  5    provisions of this chapter.
  6        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  7    declared to exist, this act shall be in full force and effect on and after its
  8    passage and approval.

Statement of Purpose / Fiscal Impact

                      STATEMENT  OF  PURPOSE

A major responsibility of the Idaho Department of Labor is to make
accurate and timely decisions on eligibility for unemployment
insurance (UI) benefits. Employers have a legal duty to provide
timely information to the Department when a former employee files
a claim for UI benefits. Currently, employers lose their appeal
rights if they fail to provide separation information without good
cause within 10 days of the Department's request for information.
This penalty, in practice, can be counterproductive to making
quality decisions because employers who miss the 10-day deadline
may not offer relevant information that is essential for accurate
decision-making. Alternatives to this penalty now exist for
obtaining timely separation information. The federal government has
added a new "Benefit Timeliness and Quality" (BTQ) requirement that
staff make reasonable attempts to contact all employers, before
initial UI decisions are made, to ask them to provide needed
information by a certain deadline, typically 48 hours. There is
confusion between this federal requirement and the penalty
provision in state law. Employers are confused by the additional
contact by Department staff requesting needed information by a
deadline that is different from the statutory 10-day deadline for
providing information. Some employers mistakenly believe they have
received an extension beyond the 10-day deadline to submit
information, or that the information they provide in response to
the contact by Department staff preserves their appeal rights, even
though it was obtained after the 10-day statutory limit. This
penalty has increased the Department's Appeals Bureau and Job
Service office workload because staff must explain the penalty,
grant extensions, and hold additional hearings to determine if
information was late or if the employer had good cause for missing
the deadline. The Industrial Commission, which hears UI appeals, is
not in agreement with the Department's interpretation of this law
and is remanding cases back to the Department for new hearings that
include the employer. Remands delay a final decision and payments
to eligible claimants. This legislation will repeal this penalty
provision for the above reasons.

                         FISCAL  IMPACT

There is no fiscal impact on the State General Fund. There will be
some savings in UI administrative costs due to decreased workload.

Name:         Dwight Johnson
Agency:  Department of Labor
Phone:        334-6402

Statement of Purpose/Fiscal Note                              S102