California’s UI Appeals Board

The California Unemployment Insurance Appeals Board is set forth in the Unemployment Insurance Code, in Division 1, Part 1, Chapter 2, Article 3. Section 401 provides that there is in the department an Appeals Division consisting of the California Unemployment Insurance Appeals Board and its employees. The appeals board consists of five members. The composition of the board and their appointing authorities are set forth. There is certain experience requirements as well for board members.

Section 402 requires that each appeals board member serves for a term of four years and until his or her successor is appointed and qualifies. A vacancy is filled by the appointing power by appointment for the unexpired term. A vacancy filled by the Governor must be subject to the approval of the Senate.

Section 403 requires all personnel of the Appeals Division to be appointed, directed and controlled only by the appeals board or its authorized deputies or agents to whom it may delegate such powers. The appeals board has to prepare a budget covering the necessary administrative costs of the Appeals Division.

Section 404 requires the appeals board, or the executive officer subject to its direction and control to whom it delegates such responsibility, to appoint and direct the activities of one or more impartial administrative law judges who are required to hear and render a decision in every matter in which a petition is filed with, or an appeal is taken to, an administrative law judge as provided in this division. There are specific rules for ALJs in this section.

Section 405 requires the appeals board to appoint a chief administrative law judge who is a member in good standing of the State Bar of California.

Section 406 specifies that the duties of the chief administrative law judge include serving as the chief executive of the board in the administration of the activities of administrative law judges and their staffs, as well as maintaining a continuous review of the decisions of administrative law judges from which no appeal is taken to uncover decisions which appear inconsistent with the law, with established judicial decisions, with prior decisions of the board or with each other and recommending such cases to the appeals board for certification to itself for a further hearing.

Section 407 provides that the appeals board may delegate to any one of its members or to a special examiner or administrative law judge the taking or hearing of evidence. The appeals board and its duly authorized representatives in the performance of its duties under this division have the powers of a head of a department.

Section 408 requires all decisions and orders of the Appeals Board to be in writing.

Section 409 requires the chairperson to assign cases before the board to any two members of the board for consideration and decision. Assignments by the chairperson of members to the cases are to be rotated so as to equalize the workload of the members. The appeals board, acting as a whole, may designate certain of its decisions as precedents.

Section 409.1 states that, if a final judgment of a court of competent jurisdiction reverses or declares invalid a precedent decision of the appeals board, then the appeals board, acting as a whole, must promptly modify the precedent decision to conform in all respects to the judgment of the court.

Section 409.2 provides that any interested person or organization may bring an action for declaratory relief in the superior court to obtain a judicial declaration as to the validity of any precedent decision of the appeals board.

Section 410 specifies that a decision of the appeals board is final, except for such action as may be taken by a judicial tribunal as permitted or required by law. Also, a decision of the appeals board is binding on the director with respect to the parties involved in the particular appeal.

Section 411 states that the appeals board, acting as a whole, may promulgate rules or amend or rescind rules pertaining to hearing appeals and other matters falling within its jurisdiction.

Section 412 says that the appeals board acting as a whole may, by notice mailed to the director and the parties prior to the mailing of an administrative law judge’s decision on an appeal or petition under this division pending before any administrative law judge, on its own motion either transfer the proceedings to another administrative law judge, or remove the proceedings to itself for review and decision.

Section 413 provides that the appeals board acting as a whole may, by notice mailed to the director and the parties not later than 30 days after the mailing of an administrative law judge’s decision on an appeal or petition under this division to the administrative law judge, on its own motion in two specified instances.