California Unemployment Insurance Appeals Board Explained

Court Name:California Unemployment Insurance Appeals Board
Location:Various
Type:Multiple individuals selecting
Authority:California Unemployment Insurance Code ยง 401
Appealsto:Superior Court
Appealsfrom:Employment Development Department
Terms:4 years
Chiefjudgetitle:Marty Block
Chiefjudgename:Chair[1]
Termend:January 1, 2023

The California Unemployment Insurance Appeals Board is a quasi-judicial administrative court in the U.S. state of California which hears appeals from determinations on unemployment insurance claims and taxes by the Employment Development Department.[2] [3] It is governed by a five-member Board, of which three are appointed by the Governor, one is appointed by the Speaker of the Assembly and one by the Senate President pro tempore.[4] The Board was initially formed in 1943.[5]

In the 2020-2021 fiscal year, CUIAB handled a total of 189,220 appeals, of which 180,163 were unemployment insurance appeals.[6]

Procedures

When an unemployment insurance claimant files an appeal regarding a determination that they have received from the Employment Development Department, the Board sets the case for hearing by an administrative law judge who takes testimony from the claimant as well as any other interested parties, such as the Department or the claimant's former employer.[7] If any party disagrees with the outcome of the appeal, they may file an appeal to the Board itself; the Board's determination is the final administrative level of appeal available, and appellants must then file a petition for writ of administrative mandate in the superior court in order to seek review.[8]

While the Constitution of California and the Unemployment Insurance Code prohibits state courts from impeding the collection of a tax, this does not apply to reserve account charges based on an employee's status so long as an assessment of unemployment insurance taxes has not been made.[9]

External links

Notes and References

  1. Web site: Board Members | California Unemployment Insurance Appeals Board.
  2. News: Wait for appeals on California unemployment benefits with EDD pushing 3 months . 6 September 2021 . abc10.com.
  3. News: Unemployed Californians face months of delays when appealing denial of jobless benefits . 6 September 2021 . Los Angeles Times . 22 February 2021.
  4. Web site: Board Members - California Unemployment Insurance Appeals Board . 6 September 2021 . en.
  5. Web site: Ca - Departments - CUIAB . www.allgov.com . 6 September 2021.
  6. Web site: Archived copy . 2021-05-11 . 2021-05-11 . https://web.archive.org/web/20210511133744/https://cuiab.ca.gov/wp-content/uploads/sites/13/statistics/qs-FOClosed.pdf . dead .
  7. News: Said . Carolyn . Pender . Kathleen . Appealing your California unemployment denial: what you need to know . 6 September 2021 . San Francisco Chronicle . 24 November 2020.
  8. Web site: Filing an Appeal | California Unemployment Insurance Appeals Board.
  9. News: West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board . 6 September 2021 . The Recorder . en.