SECTIONS 1951-1960 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 1951-1960

1951. 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.

1952. 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.

1953. 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.

1953.5. 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.

1954. 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.

1955. No person shall be excused from attending and testifying or
from producing books, papers, correspondence, memoranda and other
records as required by a subpoena 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.

1956. 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.

1957. 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.

1957.5. 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.

1958. 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.

1959. 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.

1960. 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.