The California Unemployment Insurance Appeals Board is a quasi-judicial

administrative court An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...

in the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

which hears appeals from determinations on

unemployment insurance Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployed people. In the United States, benefits are funded by a comp ...

claims and taxes by the

Employment Development Department In California, the Employment Development Department (EDD) is a department of government that administers the Unemployment Insurance (UI), Disability Insurance (DI), and Paid Family Leave (PFL) programs. The department also provides employment ...

. It is governed by a five-member Board, of which three are appointed by the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

, one is appointed by the Speaker of the Assembly and one by the

Senate President pro tempore A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase '' pro tempore'' is Latin "for the time being ...

. The Board was initially formed in 1943. In the 2020-2021 fiscal year, CUIAB handled a total of 189,220 appeals, of which 180,163 were unemployment insurance appeals.

Procedures

When an unemployment insurance claimant files an appeal regarding a determination that they have received from the Employment Development Department, the Board sets the case for hearing by an

administrative law judge An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evid ...

who takes testimony from the claimant as well as any other interested parties, such as the Department or the claimant's former employer. If any party disagrees with the outcome of the appeal, they may file an appeal to the Board itself; the Board's determination is the final administrative level of appeal available, and appellants must then file a petition for writ of administrative mandate in the

superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...

in order to seek review. While the

Constitution of California The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original co ...

and the Unemployment Insurance Code prohibits state courts from impeding the collection of a tax, this does not apply to reserve account charges based on an employee's status so long as an assessment of unemployment insurance taxes has not been made.

References

External links

CUIAB website

CUIAB Strategic Plan
State agencies of California Administrative courts {{California-stub