The manner in which disputed claims, appeals and petitions shall be presented, the reports required thereon from the claimant and from any employing unit and the conduct of hearings and appeals shall be in accordance with rules prescribed by the appeals board. The appeals board shall require administrative law judges to consolidate for hearing cases with respect to which the alleged facts and the points of law are the same. The
appeals board shall permit a party or representative to participate in a hearing by telephone upon the party’s or representative’s request and showing a good cause, in accordance with regulations adopted by the board.
Unemployment CompensationHearing Procedure
Section § 1951
This law section explains how disputes related to claims, appeals, and petitions are handled. It states that these processes will follow the rules set by the appeals board. When cases have the same facts and legal issues, they must be combined into one hearing. Additionally, if a party or their representative has a valid reason, they can request to participate in the hearing by phone, according to specific regulations.
disputed claims appeals process petitions
Section § 1952
This section explains that during hearings and appeals for disputed claims, the appeals board and its officials aren't required to follow strict evidence or procedural rules. Their main goal is to understand the substantial rights of the parties involved. A complete record of all proceedings should be kept, and all testimonies at hearings should be recorded. However, these do not need to be transcribed unless there's a further appeal.
The appeals board and its representatives and administrative law judges are not bound by common law or statutory rules of evidence or by technical or formal rules of procedure but may conduct the hearings and appeals in such manner as to ascertain the substantial rights of the parties. A full and complete record shall be kept of all proceedings in connection with disputed claims. All testimony at any hearing held in this state upon a disputed claim arising under this division shall be recorded and, when feasible, by a reporter in shorthand or by machine writing. The testimony need not be transcribed unless the disputed claim is further
appealed.
appeals board administrative law judges hearings
Section § 1953
This law says that during any official proceeding or investigation, members of the appeals board, administrative law judges, and certain authorized employees have the power to administer oaths, take depositions, certify official actions, and issue subpoenas. This means they can require people to testify and bring important documents to the hearing.
In any proceeding, hearing, investigation or in the discharge of any duties imposed under this division any member of the appeals board, an administrative law judge and any authorized employee designated by it may administer oaths, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records.
appeals board administrative law judge oaths
Section § 1953.5
This law allows a hearing to be conducted via phone, television, or other electronic methods, even if someone objects, as long as the party asking for this method shows good reason for it.
The presiding officer may conduct all or part of a hearing by telephone, television, or other electronic means, notwithstanding a party’s objection pursuant to Section 11440.30 of the Government Code, on a showing of good cause by the party requesting the hearing by telephone, television, or other electronic means.
electronic hearings telephone hearings television hearings
Section § 1954
If someone doesn't obey a subpoena issued under this chapter, the courts can step in to enforce it. This enforcement process involves applying to the superior court, as outlined in the Government Code.
Obedience to subpenas issued in accordance with this chapter may be enforced by application to the superior court as set forth in Article 2, Chapter 2, Part 1 of Division 3 of Title 2 of the Government Code.
subpoena enforcement superior court applications non-compliance
Section § 1955
This law states that if you're required to testify or produce documents in response to a subpoena, you cannot refuse by claiming it might incriminate you. However, if you do testify or provide evidence after claiming this privilege, you won't be prosecuted for the matters you reveal during your compelled testimony.
It’s important to note that if you lie while testifying, you can still be prosecuted for perjury, which is lying under oath.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records as required by a subpena issued pursuant to this chapter on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. No individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise. Nothing in this section exempts any individual
from prosecution and punishment for perjury committed in so testifying.
subpoena self-incrimination compelled testimony
Section § 1956
This law section states that any witnesses who are called to testify according to the rules of this division will receive the same fees as those given for participating in superior court proceedings. All fees and expenses related to any proceeding, hearing, review, or investigation, except for charges for legal or representative services for any party involved, will be covered as part of the administrative expenses. Importantly, people seeking benefits will not be charged any fees by the Appeals Board or its representatives in these cases.
Witnesses subpoenaed pursuant to this division shall be allowed the same fees which are prescribed in Section 68093 of the Government Code relative to proceedings in the superior court. Such fees and all expenses incurred in any proceeding, hearing, review or investigation by the director or the Appeals Board or the representative of either, except charges for services by counsel or other agent representing claimant, employer, or other interested person, shall be part of the expenses of administering this division, and no individual claiming benefits shall be charged by the Appeals Board, or its representative, fees of any kind in any procedure under this
division.
witness fees superior court proceedings administrative expenses
Section § 1957
If you're involved in a case with the appeals board and have a lawyer or agent representing you, they can't charge you more than the appeals board allows. If someone breaks this rule, they could be fined $50 to $1,000 or jailed for up to six months, or both.
Any individual claiming benefits in any proceedings before the appeals board or its authorized representative may be represented by counsel or agent but no such counsel or agent shall charge or receive for such services more than an amount approved by the appeals board. Any person who violates any provision of this section shall for each such violation be fined not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) or be imprisoned not more than six months or both.
appeals board representation fees counsel charges
Section § 1957.5
In California, if you are claiming benefits and want someone, like a lawyer or an agent, to represent you in front of the appeals board, the department will give you free printed forms to set that up. Once you file this authorization with the appeals board, they must send copies of all relevant notices and documents to both you and your representative, if you request it.
The department shall make available without charge printed forms for the use of any individual claiming benefits to authorize a counsel or an agent to represent him in any proceedings before the appeals board or its administrative law judges or authorized representatives. If any claimant files an authorization for such representation with the appeals board or its administrative law judges, the appeals board or its administrative law judges shall, upon request by the claimant, serve copies of all notices and transcript pertinent to such proceedings on the claimant and his counsel or agent.
benefits claim representation appeals board proceedings free authorization forms
Section § 1958
This law section explains that during unemployment insurance appeals, no costs will be awarded by the Appeals Board. However, if either the claimant (the person seeking benefits) or the employer is found to have made an appeal in bad faith, they might face a penalty. This penalty can be up to 10% of the final amount given in the appeal. The penalty amount will be deducted from the award and added to the Unemployment Fund. If the employer is penalized, their account will be charged with the penalty amount.
No cost shall be awarded in hearings on appeal by the Appeals Board, but if in the opinion of the Appeals Board, the claimant or an employer has acted in bad faith and without reasonable basis for appeal, a penalty not exceeding 10 percent of the amount finally awarded on the appeal may be taxed against and deducted from the award by the Appeals Board and shall be placed in the Unemployment Fund. In those cases where a penalty is assessed against an employer his account, as maintained under this act, shall be debited with the amount of the penalty so assessed.
no cost hearings Appeals Board bad faith appeal
Section § 1959
This law allows the appeals board to assign its authority for investigations, hearings, or proceedings to someone else, like a deputy or an administrative law judge, as long as they have written authorization.
For the purpose of any investigation, hearing or proceeding under this division, the appeals board may delegate its power in relation thereto to any deputy, administrative law judge, or other person properly authorized in writing by it.
appeals board delegation investigation authority hearing delegation
Section § 1960
This law states that any decision or order made by a hearing officer or judge in a case before the appeals board can't be used as evidence in any other cases involving the same person and their current or former employer. This means that such decisions don't automatically apply to separate or later legal proceedings, even if the cases involve the same facts or parties.
Any finding of fact or law, judgment, conclusion, or final order made by a hearing officer, administrative law judge, or any person with the authority to make findings of fact or law in any action or proceeding before the appeals board, shall not be conclusive or binding in any separate or subsequent action or proceeding, and shall not be used as evidence in any separate or subsequent action or proceeding, between an individual and his or her present or prior employer brought before an arbitrator, court, or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same
facts.
findings of fact administrative law judge appeals board decision
