SECTIONS 4651-4656 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 4651-4656

4651. Claims for federal-state extended benefits shall be made as
provided in this article.

4652. (a) An individual who desires to claim federal-state extended
benefits shall file a valid application. An application for
federal-state extended benefits shall be valid only if its effective
date is within an extended benefit period and his eligibility period
and the individual filing it otherwise meets the requirements of
Section 4001. For the purpose of determining whether an application
is a "valid application" within the meaning of this section, an
individual otherwise unemployed shall be deemed unemployed even
though wages, as defined in Section 1252, which are for a period
subsequent to the termination of performance of services are payable
with respect to the week for which he files the application.

4653. The effective date of a valid application shall be determined
in the same manner as the effective date of a new claim for normal
benefits pursuant to Section 1326.

4654. The department shall give a notice of the filing of an
application or an additional claim to the employing unit by which the
individual was last employed immediately preceding the filing of the
application or claim unless the additional claim is the result of
the filing of a partial claim as defined by the department, there has
not been a subsequent employing unit which is designated as the last
employer, and there is no separation issue. The employing unit so
notified shall submit within 10 days after the mailing of the notice
any facts then known which may affect the individual's eligibility
for federal-state extended benefits. The 10-day period may be
extended for good cause. If after the 10-day period the employing
unit acquires knowledge of facts which may affect the eligibility of
the individual and those facts could not reasonably have been known
within the period, the employing unit shall within 10 days of
acquiring that knowledge submit those facts to the department, and
the 10-day period may also be extended for good cause.

4655. The Employment Development Department shall consider the
facts submitted by an employer pursuant to Section 4654 and, if
benefits are claimed subsequent to the filing of the federal-state
extended benefits claim, make a determination as to the individual's
eligibility for the federal-state extended benefits. The Employment
Development Department shall promptly notify the individual and any
employer who prior to the determination has submitted any facts
pursuant to Section 4654 of the determination and the reasons
therefor. The individual and any such employer may appeal therefrom
to an administrative law judge within 20 days from mailing or
personal service of notice of the determination. The 20-day period
may be extended for good cause. The Director of Employment
Development shall be an interested party to any appeal.
"Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.

4656. Upon the filing of a valid application by an individual, the
department shall promptly make a federal-state extended benefit award
computation which shall set forth the maximum amount of
federal-state extended benefits potentially payable during the
extended benefit period, and the weekly benefit amount. The
department shall promptly notify the individual of the computation.
He may, within 20 days after the mailing or personal service of the
notice of computation or recomputation, protest its accuracy. The
20-day period may be extended for good cause. The department shall
consider any such protest and shall promptly notify the individual of
the recomputation or denial of recomputation. An appeal may be taken
from a notice of denial of recomputation in the manner provided in
Section 4655. The director shall be an interested party to any
appeal.
"Good cause," as used in this section, shall include, but not be
limited to, mistake, inadvertence, surprise, or excusable neglect.