Cal. Codes » Unemployment Insurance Code / DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION / PART 1. UNEMPLOYMENT COMPENSATION / CHAPTER 5. Unemployment Compensation Benefits / ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims
California Codes

Cal. Unemployment Insurance Code § 1328 (2026)

Filing, Determination, and Payment of Unemployment Compensation Benefit Claims

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(a)The department shall consider the facts submitted by an employer pursuant to Section 1327 and make a determination as to the claimant’s eligibility for benefits. The department shall promptly notify the claimant and any employer who before the determination has submitted facts or given notice pursuant to Section 1327 or this section and authorized regulations of the determination or reconsidered determination and the reasons therefor. If, after notice of a determination or reconsidered determination, the employing unit acquires knowledge of facts that may affect the eligibility of the claimant and those facts could not reasonably have been known within the 10-day period provided by Section 1327, the employing unit shall within 10 days of acquiring that knowledge submit those facts to the department, and the 10-day period may be extended for good cause. The claimant and the employer may appeal from a determination or reconsidered determination to an administrative law judge within 30 days from service of notice of the determination or reconsidered determination. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to any appeal.

(b)This section shall become operative on July 1, 2015.

Notes of Decisions
Cited in 5 cases, 1970–2014 · leading case: People v. Accredited Sur. Cas. Co., 230 Cal. App. 4th 548 (Cal. Ct. App. 2014).
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People v. Accredited Sur. Cas. Co., 230 Cal. App. 4th 548 (Cal. Ct. App. 2014). “For example, Unemployment Insurance Code section 1328 provides that the 20-day period to appeal an eligibility determination “may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.”
Perez v. Unemployment Ins. App. Bd., 4 Cal. App. 3d 62 (Cal. Ct. App. 1970). · cites it 4× “" Unemployment Insurance Code section 1328 provides: "The claimant and any employer who prior to the determination has submitted any facts or given any notice pursuant to Section 1327 and authorized regulations shall be promptly notified of the determination and the reasons…”
Gibson v. Unemployment Ins. Appeals Bd., 509 P.2d 945 (Cal. 1973). “1 Unemployment Insurance Code section 1328 reads in part: “The claimant .”
Flores v. Unemployment Ins. Appeals Bd., 30 Cal. App. 3d 681 (Cal. Ct. App. 1973). “1 *684 Unemployment Insurance Code section 1328 provides, so far as pertinent here: “The claimant .”
Martinez v. Unemployment Ins. Appeals Bd., 63 Cal. App. 3d 500 (Cal. Ct. App. 1976). “The basic question presented by this appeal is whether the determination by the trial court that appellant did not show good cause for filing his appeal 20 days late is supported by substantial evidence.”
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