Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 1030(a)-1 - Method of Filing Requests for Ruling Pursuant to Section 1030(a) of the Code(a) Every request for ruling by an employer under section 1030(a) of the code shall relate to a single claimant, shall be filed with the field office of the department in which the claim was filed as instructed on the notice of claim filed which is mailed to the employer by the department, and shall contain the following:(1) The name, address, telephone number, and California account number of the employer.(2) The claimant's name and social security account number.(3) The effective date of the claim (if available).(4) The date of separation from employment.(5) Facts relating to the reason for or the circumstances resulting in the claimant's separation where any of the following is alleged:(A) That he or she voluntarily left his or her employment without good cause.(B) That he or she was discharged for misconduct connected with his or her work.(C) That he or she was a student employed on a temporary basis and whose employment began within, and ended with his or her leaving to return to school at the close of, his or her vacation period.(D) That he or she left the employer's employ to accompany or join his or her spouse, registered domestic partner or a person to whom marriage is imminent at a place from which it is impractical to commute to such employment, to which a transfer of the claimant by the employer is not available.(E) That he or she voluntarily left his or her employment without notification to the employer of the reasons therefor.(F) That he or she was discharged or quit his or her employment as a result of an irresistible compulsion to use or consume intoxicants, including alcoholic beverages.(b) Each statement of facts submitted under subdivision (a)(5) of this section shall be supported by a statement signed by the person or persons having knowledge of or business records reflecting such facts.(c) If a claimant was rehired after the date of a separation and in the same calendar quarter, a request for a ruling on that separation shall contain a statement of the date of rehire. Registered domestic partners are defined in California Family Code Section 297.
Cal. Code Regs. Tit. 22, § 1030(a)-1
1. Amendment filed 11-30-79; designated effective 1-1-80 (Register 79, No. 48). For prior history, see Register 57, No. 21.
2. Amendment of subsection (c) filed 11-20-81; effective thirtieth day thereafter (Register 81, No. 47).
3. Amendment of section number and heading, subsections (a), (a)(1), (a)(4), (a)(5)(D) and NOTE and new subsection (a)(5)(F) filed 10-13-92; operative 11-12-92 (Register 92, No. 42).
4. Amendment of subsection (a)(5)(D) and new last paragraph filed 11-5-2002 as an emergency; operative 11-5-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-5-2003 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-5-2002 order transmitted to OAL 2-25-2003 and filed 4-8-2003 (Register 2003, No. 15). Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 1030 and 1032, Unemployment Insurance Code.
1. Amendment filed 11-30-79; designated effective 1-1-80 (Register 79, No. 48). For prior history, see Register 57, No. 21.
2. Amendment of subsection (c) filed 11-20-81; effective thirtieth day thereafter (Register 81, No. 47).
3. Amendment of section number and heading, subsections (a), (a)(1), (a)(4), (a)(5)(D) and Note and new subsection (a)(5)(F) filed 10-13-92; operative 11-12-92 (Register 92, No. 42).
4. Amendment of subsection (a)(5)(D) and new last paragraph filed 11-5-2002 as an emergency; operative 11-5-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-5-2003 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-5-2002 order transmitted to OAL 2-25-2003 and filed 4-8-2003 (Register 2003, No. 15).