SB191: SB191 Employment Security; certain notice provisions relating to benefits and appeals; revise

25 LC 46 1093 Senate Bill 191 By: Senators Still of the 48th, Dixon of the 45th, Echols of the 49th, Hufstetler of the 52nd and Walker III of the 20th AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to1 employment security, so as to revise certain notice provisions relating to benefits and2 appeals; to provide a definition; to provide for related matter s; to provide for an effective3 date; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 8 of Title 34 of the Official Code of Georgia Annotated , relating to employment7 security, is amended by adding a new Code section to read as follows:8 "34-8-53.9 As used in this chapter, the term 'issue date' means the date o n which the department10 releases a determination or decision to an interested party by mail, hand delivery, or with11 the consent of the party, electronically. The issue date shall be printed on a determination12 or decision issued by the department. Through the promulgation of administrative rules,13 the Commissioner is authorized to waive, alter, extend, or set aside the time limit14 provisions of the law by which a determination or decision of t he department becomes15 S. B. 191 - 1 - 25 LC 46 1093 final; provided, however, that any such rule shall be consisten t with due process to all16 interested parties, and the purpose and policy of this chapter."17 SECTION 2.18 Said chapter is further amended by revising subsection (c) of Code Section 34-8-192, relating19 to initial determination and redetermination of eligibility for , amount of, and duration of20 benefits, as follows:21 "(c) A determination shall be final unless a party entitled to notice applies for22 reconsideration of the determination or appeals the determination within 15 days after the23 notice was mailed to the party's last known address or otherwise delivered to the party issue24 date printed on the determination. Before a determination becomes final as provided in this25 Code section, the Commissioner may issue a redetermination if good cause is shown. Such26 redetermination is subject to further appeal by any party entitled to notice as provided in27 this chapter."28 SECTION 3.29 Said chapter is further amended by revising subsection (b) of Code Section 34-8-220, relating30 to appointment of hearing officers to hear and decide appealed decisions, as follows:31 "(b) Unless an appeal is withdrawn, an administrative hearing officer, after affording the32 parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact33 and initial determination or shall make a decision after hearin g on issues referred by the34 Commissioner pursuant to subsection (b) of Code Section 34-8-192. The parties shall be35 duly notified of such decision, together with the reasons therefor, which shall be deemed36 to be the final decision of the Commissioner, unless within 15 days after the date of37 notification or mailing of such decision issue date printed on the decision further appeal is38 initiated pursuant to subsection (a) of Code Section 34-8-221."39 S. B. 191 - 2 - 25 LC 46 1093 SECTION 4.40 Said chapter is further amended by revising subsections (a) and ( b ) o f C o d e S e c t i o n41 34-8-221, relating to review of decision of hearing officer by board of review, as follows:42 "(a) The board of review may on its own motion affirm, modify, or set aside any decision43 of an administrative hearing officer on the basis of the eviden ce previously submitted in44 such case or direct the taking of additional evidence or may pe rmit any of the parties to45 such decision to initiate further appeals before the board of review. The board of review46 shall promptly notify the parties to any proceedings of its fin dings and decision. The47 decision of the board shall become final 15 days from the date the decision is mailed to the48 parties after the issue date printed on the decision.49 (b) The board of review may, in its discretion and on its own motion, reconsider its50 decision at any time within 15 days from the date the decision is mailed to the parties issue51 date printed on the decision . The board shall notify all concerned parties of its intent t o52 reconsider a final decision. Such notice shall stay the proces s of judicial review until a53 final decision is released by the board."54 SECTION 5.55 Said chapter is further amended by revising subsection (a) of Code Section 34-8-223, relating 56 to procedure for judicial review of final decision of board of review, as follows:57 "(a) Any decision of the board of review, in the absence of a reconsideration as provided58 in subsection (b) of Code Section 34-8-221, shall become final 15 days after the date of59 notification or mailing issue date printed on the decision . Judicial review shall be60 permitted only after any party claiming to be aggrieved thereby has exhausted his or her61 administrative remedies as provided by this chapter. The Commissioner shall be deemed62 to be a party to any judicial action involving any such decision and shall be represented in63 any such judicial action by the Attorney General."64 S. B. 191 - 3 - 25 LC 46 1093 SECTION 6.65 This Act shall become effective on January 1, 2026.66 SECTION 7.67 All laws and parts of laws in conflict with this Act are repealed.68 S. B. 191 - 4 -