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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1020 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 72-1368, IDAHO CODE, 3 TO DELETE THE PENALTY FOR EMPLOYERS WHO FAIL TO PROVIDE SEPARATION INFOR- 4 MATION WITHIN TEN DAYS OF A DEPARTMENT REQUEST; AND DECLARING AN EMER- 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 department17request for separation information after a claim has been filed shall pro-18vide the information to the department within ten (10) days from the date19the request was mailed. The time limit provided in this subsection may be20extended by the department at its discretion, upon the request of an21employer. Notwithstanding any other provision of this chapter, an employer22who fails, without good cause, to provide the requested information within23the time provided in this subsection or as extended by the department24shall be precluded from contesting any determinations on the claim,25including chargeability determinations, or participating in any hearing on26the claim as an interested party. If an employer asserts that there was27good cause for such failure or that the requested information was provided28by the due date, the employer must so notify the department in writing29within fourteen (14) days after notice, as provided in subsection (5) of30this section, of the initial determination on the claim. After affording31the employer a reasonable opportunity for a hearing on the issue, an32appeals examiner shall decide whether the employer has shown that the33requested information was provided by the due date or that good cause34existed for the failure to provide the requested information by the due35date. The decision of the appeals examiner shall be final and shall not be36subject to appeal. If the appeals examiner decides that the requested sep-37aration information was provided to the department by the due date or that38good cause existed for the employer's failure to timely provide the infor-39mation, the employer shall have fourteen (14) days after notice of the40decision 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 2 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 3 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- 4 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 RS10506 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. CONTACT Name: Dwight Johnson Agency: Department of Labor Phone: 334-6402 Statement of Purpose/Fiscal Note S102