California § 1260 - An individual disqualified under Section 1256, under a determination transmitted

§ 1260. An individual disqualified under Section 1256, under a determination transmitted

(a) An individual disqualified under Section 1256, under a determination transmitted to the individual by the department, is ineligible to receive unemployment compensation benefits for the week in which the act that causes the disqualification occurs and continuing until they have, subsequent to the act that causes disqualification and their registration for work, performed service in bona fide employment for which remuneration is received equal to or in excess of five times their weekly benefit amount. (b) An individual disqualified under subdivision (b) of Section 1257, under a determination transmitted to the individual by the department, is ineligible to receive unemployment compensation benefits for not less than 2 and no more than 10 consecutive weeks beginning with: (1) The week in which the cause of the disqualification occurs, if the individual registers for work in that week. (2) The week subsequent to the occurrence of the cause of the individual’s disqualification in which they first register for work, if they do not register for work in the week in which the cause of their disqualification occurs. (c) An individual disqualified under subdivision (a) of Section 1257, under a determination transmitted to the individual by the department, and who was not paid any benefit amount as a result of their false statement or representation, is ineligible to receive unemployment compensation benefits for two weeks commencing with the week in which the determination is served upon them, or any subsequent week, for which they are first otherwise in all respects eligible for unemployment compensation benefits and for not more than 13 subsequent weeks for which they are otherwise in all respects eligible for unemployment compensation benefits. No disqualification under this subdivision shall be applied to any week if all or any portion of the week is beyond the three-year period next succeeding the date of the service of the determination. This subdivision shall not apply to an individual convicted under Section 2101. (d) An individual disqualified under subdivision (a) of Section 1257, under a determination transmitted to the individual by the department, and who was paid any benefit amount as a result of their false statement or representation, is ineligible to receive unemployment compensation benefits for five weeks commencing with the week in which the determination is served upon them, or any subsequent week, for which they are first otherwise in all respects eligible for unemployment compensation benefits and for not more than 10 subsequent weeks for which they are otherwise in all respects eligible for unemployment compensation benefits. No disqualification under this subdivision shall be applied to any week if all or any portion of the week is beyond the three-year period next succeeding the date of the service of the determination. This subdivision shall not apply to an individual convicted under Section 2101. (e) Notwithstanding subdivision (c) or (d), an individual who is subject to a disqualification that is imposed under subdivision (b) of Section 1257 may, if they are otherwise in all respects eligible for unemployment compensation benefits, concurrently serve a disqualification imposed under subdivision (a) of Section 1257. (f) Prior to disqualifying an individual pursuant to subdivision (a) of Section 1257 and subjecting that individual to the period of ineligibility described in subdivision (c) or (d), the department shall do all of the following: (1) Provide notice to the individual of the proposed determination. This notice may be combined with other notices from the department, which may include, but are not limited to, notifications of potential overpayments and of eligibility interviews. (A) The notice shall state the eligibility provision related to the false statement or misrepresentation on which the department is determining whether to disqualify the individual pursuant to subdivision (a) of Section 1257. (B) The notice shall state the individual’s right to respond to the notice pursuant to paragraph (2). (2) Provide the individual with a period of not less than 10 days, or 3 days for individuals who opt into electronic communications, to respond by telephone or in writing to the proposed determination of ineligibility pursuant to subdivision (a) of Section 1257 by explaining any alleged false or withheld facts, statements, or representations. (3) After an individual has responded to the allegations or after 10 or 3 days, as applicable, if the individual fails to respond, the department may issue a final notice of determination to an individual. That notice shall contain all of the following: (A) The number of weeks for which the individual is ineligible for benefits pursuant to subdivision (c) or (d). (B) The eligibility provision related to the false statement or misrepresentation that serves as the basis for the department’s disqualification of the individual pursuant to subdivision (a) of Section 1257. (C) The individual’s right to appeal the determination as described in paragraph (4). (4) The individual may appeal the determination to an administrative law judge within 30 days from service of the notice of determination. The 30-day period may be extended by the administrative law judge for good cause, including, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to any appeal. (5) The department shall implement this subdivision upon completing any necessary technical changes to fulfill the requirements of this subdivision or by September 1, 2022, whichever is earlier.