96.6 FILING -- DETERMINATION -- APPEAL.
1. Filing. Claims for benefits shall be made in accordance
with such regulations as the department may prescribe.
2. Initial determination. A representative designated by the
director shall promptly notify all interested parties to the claim of
its filing, and the parties have ten days from the date of mailing
the notice of the filing of the claim by ordinary mail to the last
known address to protest payment of benefits to the claimant. The
representative shall promptly examine the claim and any protest, take
the initiative to ascertain relevant information concerning the
claim, and, on the basis of the facts found by the representative,
shall determine whether or not the claim is valid, the week with
respect to which benefits shall commence, the weekly benefit amount
payable and its maximum duration, and whether any disqualification
shall be imposed. The claimant has the burden of proving that the
claimant meets the basic eligibility conditions of section 96.4. The
employer has the burden of proving that the claimant is disqualified
for benefits pursuant to section 96.5, except as provided by this
subsection. The claimant has the initial burden to produce evidence
showing that the claimant is not disqualified for benefits in cases
involving section 96.5, subsection 10, and has the burden of proving
that a voluntary quit pursuant to section 96.5, subsection 1, was for
good cause attributable to the employer and that the claimant is not
disqualified for benefits in cases involving section 96.5, subsection
1, paragraphs "a" through "h". Unless the claimant or other
interested party, after notification or within ten calendar days
after notification was mailed to the claimant's last known address,
files an appeal from the decision, the decision is final and benefits
shall be paid or denied in accordance with the decision. If an
administrative law judge affirms a decision of the representative, or
the appeal board affirms a decision of the administrative law judge
allowing benefits, the benefits shall be paid regardless of any
appeal which is thereafter taken, but if the decision is finally
reversed, no employer's account shall be charged with benefits so
paid and this relief from charges shall apply to both contributory
and reimbursable employers, notwithstanding section 96.8, subsection
5.
3. Appeals.a. Unless the appeal is withdrawn, an administrative law
judge, after affording the parties reasonable opportunity for fair
hearing, shall affirm or modify the findings of fact and decision of
the representative. The hearing shall be conducted pursuant to the
provisions of chapter 17A relating to hearings for contested cases.
Before the hearing is scheduled, the parties shall be afforded the
opportunity to choose either a telephone hearing or an in-person
hearing. A request for an in-person hearing shall be approved unless
the in-person hearing would be impractical because of the distance
between the parties to the hearing. A telephone or in-person hearing
shall not be scheduled before the seventh calendar day after the
parties receive notice of the hearing. Reasonable requests for the
postponement of a hearing shall be granted. The parties shall be
duly notified of the administrative law judge's decision, together
with the administrative law judge's reasons for the decision, which
is the final decision of the department, unless within fifteen days
after the date of notification or mailing of the decision, further
appeal is initiated pursuant to this section.
b. Appeals from the initial determination shall be heard by
an administrative law judge employed by the department. An
administrative law judge's decision may be appealed by any party to
the employment appeal board created in section 10A.601. The decision
of the appeal board is final agency action and an appeal of the
decision shall be made directly to the district court.
4. Effect of determination. A finding of fact or law,
judgment, conclusion, or final order made pursuant to this section by
an employee or representative of the department, administrative law
judge, or the employment appeal board, is binding only upon the
parties to proceedings brought under this chapter, and is not binding
upon any other proceedings or action involving the same facts brought
by the same or related parties before the division of labor services,
division of workers' compensation, other state agency, arbitrator,
court, or judge of this state or the United States.
96.6 FILING -- DETERMINATION -- APPEAL.
1. Filing. Claims for benefits shall be made in accordance
with such regulations as the department may prescribe.
2. Initial determination. A representative designated by the
director shall promptly notify all interested parties to the claim of
its filing, and the parties have ten days from the date of mailing
the notice of the filing of the claim by ordinary mail to the last
known address to protest payment of benefits to the claimant. The
representative shall promptly examine the claim and any protest, take
the initiative to ascertain relevant information concerning the
claim, and, on the basis of the facts found by the representative,
shall determine whether or not the claim is valid, the week with
respect to which benefits shall commence, the weekly benefit amount
payable and its maximum duration, and whether any disqualification
shall be imposed. The claimant has the burden of proving that the
claimant meets the basic eligibility conditions of section 96.4. The
employer has the burden of proving that the claimant is disqualified
for benefits pursuant to section 96.5, except as provided by this
subsection. The claimant has the initial burden to produce evidence
showing that the claimant is not disqualified for benefits in cases
involving section 96.5, subsection 10, and has the burden of proving
that a voluntary quit pursuant to section 96.5, subsection 1, was for
good cause attributable to the employer and that the claimant is not
disqualified for benefits in cases involving section 96.5, subsection
1, paragraphs "a" through "h". Unless the claimant or other
interested party, after notification or within ten calendar days
after notification was mailed to the claimant's last known address,
files an appeal from the decision, the decision is final and benefits
shall be paid or denied in accordance with the decision. If an
administrative law judge affirms a decision of the representative, or
the appeal board affirms a decision of the administrative law judge
allowing benefits, the benefits shall be paid regardless of any
appeal which is thereafter taken, but if the decision is finally
reversed, no employer's account shall be charged with benefits so
paid and this relief from charges shall apply to both contributory
and reimbursable employers, notwithstanding section 96.8, subsection
5.
3. Appeals.a. Unless the appeal is withdrawn, an administrative law
judge, after affording the parties reasonable opportunity for fair
hearing, shall affirm or modify the findings of fact and decision of
the representative. The hearing shall be conducted pursuant to the
provisions of chapter 17A relating to hearings for contested cases.
Before the hearing is scheduled, the parties shall be afforded the
opportunity to choose either a telephone hearing or an in-person
hearing. A request for an in-person hearing shall be approved unless
the in-person hearing would be impractical because of the distance
between the parties to the hearing. A telephone or in-person hearing
shall not be scheduled before the seventh calendar day after the
parties receive notice of the hearing. Reasonable requests for the
postponement of a hearing shall be granted. The parties shall be
duly notified of the administrative law judge's decision, together
with the administrative law judge's reasons for the decision, which
is the final decision of the department, unless within fifteen days
after the date of notification or mailing of the decision, further
appeal is initiated pursuant to this section.
b. Appeals from the initial determination shall be heard by
an administrative law judge employed by the department. An
administrative law judge's decision may be appealed by any party to
the employment appeal board created in section 10A.601. The decision
of the appeal board is final agency action and an appeal of the
decision shall be made directly to the district court.
4. Effect of determination. A finding of fact or law,
judgment, conclusion, or final order made pursuant to this section by
an employee or representative of the department, administrative law
judge, or the employment appeal board, is binding only upon the
parties to proceedings brought under this chapter, and is not binding
upon any other proceedings or action involving the same facts brought
by the same or related parties before the division of labor services,
division of workers' compensation, other state agency, arbitrator,
court, or judge of this state or the United States.
96.6 FILING -- DETERMINATION -- APPEAL.
1. Filing. Claims for benefits shall be made in accordance
with such regulations as the department may prescribe.
2. Initial determination. A representative designated by the
director shall promptly notify all interested parties to the claim of
its filing, and the parties have ten days from the date of mailing
the notice of the filing of the claim by ordinary mail to the last
known address to protest payment of benefits to the claimant. The
representative shall promptly examine the claim and any protest, take
the initiative to ascertain relevant information concerning the
claim, and, on the basis of the facts found by the representative,
shall determine whether or not the claim is valid, the week with
respect to which benefits shall commence, the weekly benefit amount
payable and its maximum duration, and whether any disqualification
shall be imposed. The claimant has the burden of proving that the
claimant meets the basic eligibility conditions of section 96.4. The
employer has the burden of proving that the claimant is disqualified
for benefits pursuant to section 96.5, except as provided by this
subsection. The claimant has the initial burden to produce evidence
showing that the claimant is not disqualified for benefits in cases
involving section 96.5, subsection 10, and has the burden of proving
that a voluntary quit pursuant to section 96.5, subsection 1, was for
good cause attributable to the employer and that the claimant is not
disqualified for benefits in cases involving section 96.5, subsection
1, paragraphs "a" through "h". Unless the claimant or other
interested party, after notification or within ten calendar days
after notification was mailed to the claimant's last known address,
files an appeal from the decision, the decision is final and benefits
shall be paid or denied in accordance with the decision. If an
administrative law judge affirms a decision of the representative, or
the appeal board affirms a decision of the administrative law judge
allowing benefits, the benefits shall be paid regardless of any
appeal which is thereafter taken, but if the decision is finally
reversed, no employer's account shall be charged with benefits so
paid and this relief from charges shall apply to both contributory
and reimbursable employers, notwithstanding section 96.8, subsection
5.
3. Appeals.a. Unless the appeal is withdrawn, an administrative law
judge, after affording the parties reasonable opportunity for fair
hearing, shall affirm or modify the findings of fact and decision of
the representative. The hearing shall be conducted pursuant to the
provisions of chapter 17A relating to hearings for contested cases.
Before the hearing is scheduled, the parties shall be afforded the
opportunity to choose either a telephone hearing or an in-person
hearing. A request for an in-person hearing shall be approved unless
the in-person hearing would be impractical because of the distance
between the parties to the hearing. A telephone or in-person hearing
shall not be scheduled before the seventh calendar day after the
parties receive notice of the hearing. Reasonable requests for the
postponement of a hearing shall be granted. The parties shall be
duly notified of the administrative law judge's decision, together
with the administrative law judge's reasons for the decision, which
is the final decision of the department, unless within fifteen days
after the date of notification or mailing of the decision, further
appeal is initiated pursuant to this section.
b. Appeals from the initial determination shall be heard by
an administrative law judge employed by the department. An
administrative law judge's decision may be appealed by any party to
the employment appeal board created in section 10A.601. The decision
of the appeal board is final agency action and an appeal of the
decision shall be made directly to the district court.
4. Effect of determination. A finding of fact or law,
judgment, conclusion, or final order made pursuant to this section by
an employee or representative of the department, administrative law
judge, or the employment appeal board, is binding only upon the
parties to proceedings brought under this chapter, and is not binding
upon any other proceedings or action involving the same facts brought
by the same or related parties before the division of labor services,
division of workers' compensation, other state agency, arbitrator,
court, or judge of this state or the United States.
