(a) The appellant, petitioner, or applicant may file an application to reopen the appeal, petition, or application within 30 days after service of an order:
(i) dismissing an appeal or petition on any of the grounds specified in rule 5066.1;
(ii) denying an application for reinstatement, reopening, or vacating a decision for failure to comply with a 10 day notice to specify the reason for the application or, if applicable, the reason the application is untimely;
(iii) denying an application for reinstatement, reopening, or vacating a decision for failure to appear in the hearing on such an application;
(iv) dismissing an untimely petition for failure to comply with a 20 day notice to specify the reason the petition is untimely; or
(v) denying a hearing on a petition for failure to apply for a hearing within 20 days after service of a notice of intention to render a decision or order on the petition without a hearing.
(b) The application shall specify the reason for reopening. If the application is untimely, it shall also specify the reason for the delay.
(c) If the application fails to specify the reason for reopening, or, if applicable, for its untimeliness, an administrative law judge may serve notice requiring the applicant to specify the reason by filing it within 10 days after service of such notice. If the applicant fails to comply, an administrative law judge may order reopening denied.
(d) If the reason specified by the applicant shows that there is no good cause for reopening, or, if applicable, for the untimely application, an administrative law judge may order reopening denied.
(e) An application for reopening that is not otherwise denied in accordance with this rule shall be scheduled for hearing. If the applicant shows good cause for reopening, and, if applicable, for the untimely application, the matter shall be ordered reopened; otherwise reopening shall be ordered denied.
(f) If an applicant for reopening fails to appear in the hearing on reopening, an administrative law judge may order reopening denied.
(g) If a party that has grounds to file an application to reopen files what purports to be a board appeal, it shall be treated as an application to reopen, unless the application or the party clearly states to the contrary.
(h) An order granting reopening is appealable to the board only upon service of an adverse decision or order on the appeal or petition.
Credits
Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.
1. New section filed 2-4-99; operative 3-6-99 (Register 99, No. 6).
2. Amendment of subsections (a)-(a)(i) filed 2-1-2023; operative 4-1-2023 (Register 2023, No. 5).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 5067, 22 CA ADC § 5067
