Iowa SF 187: A bill for an act eliminating appeals in claims for unemployment benefits to the employment appeal board and including applicability provisions.

Bill Text

Senate File 187 - Introduced
SENATE FILE 187
BY SCHULTZ
A BILL FOR
An Act eliminating appeals in claims for unemployment benefits1
to the employment appeal board and including applicability2
provisions.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:4
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Section 1. Section 10A.601, subsections 1 and 7, Code 2021,1
are amended to read as follows:2
1. A full-time employment appeal board is created within3
the department of inspections and appeals to hear and decide4
contested cases under chapter 8A, subchapter IV, and chapters5
80, 88, 91C, 96, and 97B.6
7. An application for rehearing before the appeal board7
shall be filed pursuant to section 17A.16, unless otherwise8
provided in chapter 8A, subchapter IV, or chapter 80, 88, 91C,9
96, or 97B. A petition for judicial review of a decision of the10
appeal board shall be filed pursuant to section 17A.19. The11
appeal board may be represented in any such judicial review12
by an attorney who is a regular salaried employee of the13
appeal board or who has been designated by the appeal board14
for that purpose, or at the appeal board’s request, by the15
attorney general. Notwithstanding the petitioner’s residency16
requirement in section 17A.19, subsection 2, a petition for17
judicial review may be filed in the district court of the18
county in which the petitioner was last employed or resides,19
provided that if the petitioner does not reside in this state,20
the action shall be brought in the district court of Polk21
county, Iowa, and any other party to the proceeding before the22
appeal board shall be named in the petition. Notwithstanding23
the thirty-day requirement in section 17A.19, subsection 6,24
the appeal board shall, within sixty days after filing of the25
petition for judicial review or within a longer period of26
time allowed by the court, transmit to the reviewing court27
the original or a certified copy of the entire records of a28
contested case. The appeal board may also certify to the29
court, questions of law involved in any decision by the appeal30
board. Petitions for judicial review and the questions so31
certified shall be given precedence over all other civil cases32
except cases arising under the workers’ compensation law of33
this state. No bond shall be required for entering an appeal34
from any final order, judgment, or decree of the district court35
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to the supreme court.1
Sec. 2. Section 96.1A, subsection 1, Code 2021, is amended2
by striking the subsection.3
Sec. 3. Section 96.6, subsections 2 and 4, Code 2021, are4
amended to read as follows:5
2. Initial determination. A representative designated by6
the director shall promptly notify all interested parties to7
the claim of its filing, and the parties have ten days from8
the date of issuing the notice of the filing of the claim to9
protest payment of benefits to the claimant. All interested10
parties shall select a format as specified by the department11
to receive such notifications. The representative shall12
promptly examine the claim and any protest, take the initiative13
to ascertain relevant information concerning the claim, and,14
on the basis of the facts found by the representative, shall15
determine whether or not the claim is valid, the week with16
respect to which benefits shall commence, the weekly benefit17
amount payable and its maximum duration, and whether any18
disqualification shall be imposed. The claimant has the burden19
of proving that the claimant meets the basic eligibility20
conditions of section 96.4. The employer has the burden of21
proving that the claimant is disqualified for benefits pursuant22
to section 96.5, except as provided by this subsection. The23
claimant has the initial burden to produce evidence showing24
that the claimant is not disqualified for benefits in cases25
involving section 96.5, subsections 10 and 11, and has the26
burden of proving that a voluntary quit pursuant to section27
96.5, subsection 1, was for good cause attributable to the28
employer and that the claimant is not disqualified for benefits29
in cases involving section 96.5, subsection 1, paragraphs30
“a” through “h”. Unless the claimant or other interested31
party, after notification or within ten calendar days after32
notification was issued, files an appeal from the decision,33
the decision is final and benefits shall be paid or denied34
in accordance with the decision. If an administrative law35
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S.F. 187
judge affirms a decision of the representative, or the appeal1
board affirms a decision of the administrative law judge2
allowing benefits, the benefits shall be paid regardless of3
any appeal which is thereafter taken, but if the decision is4
finally reversed, no employer’s account shall be charged with5
benefits so paid and this relief from charges shall apply to6
both contributory and reimbursable employers, notwithstanding7
section 96.8, subsection