Cal. Code Regs. Tit. 22, §§ 1326-3

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Section 1326-3 - Identity Verification

(a) A claimant will be required to provide information to the department as described in Sections 1326-2, 1326-4, 1326-5, or 1326-6 of this Division. The information provided by the claimant must be sufficient for the department to:

(1) establish the identity of the claimant, and;

(2) verify that the wages reported under the social security number provided belong to the claimant.

(b) If the information provided to the department by the claimant under Sections 1326-2, 1326-4, 1326-5, or 1326-6 of this Division does not sufficiently establish the identity of the claimant, or if the department cannot verify that the wages reported under the social security number provided belong to the claimant, the department shall:

(1) Require the claimant to verify his or her identity by presenting a photo identification and one of the following document(s) as defined in Section 1251-1 of this Division:

(A) Social security number verification.

(B) Date of birth verification.

(C) Address verification.

(D) Employment data.

(2) Ask the last employer of the claimant, and all of the claimant's base period employers, to provide the following information:

(A) Any other names used by the individual who earned the wages.

(B) Any other social security numbers used by the individual who earned the wages.

(C) Dates of employment for the individual who earned the wages.

(D) Last known phone number for the individual who earned the wages.

(E) Last known mailing and residence addresses of the individual who earned the wages.

(c) If the information available to the department indicates that the identity of the claimant may not be the same as the individual who earned the wages reported to the department, the department shall request the individual who claims to be the true owner of the identity to certify under penalty of perjury whether or not he or she filed the claim for unemployment insurance compensation.

(d) The claimant shall have a reasonable opportunity, as determined by the department, to provide the information requested pursuant to paragraph (b)(1) above to the department. The claimant shall have the right to request additional time to provide the requested information to the department.

(e) If, within ten (10) days from the mailing date of the request, the claimant has not supplied the requested information, and has not contacted the department to request additional time to provide the requested information, the department shall grant or deny the benefits based on the information available to the department, pursuant to Section 1253(a) of this Division.

Cal. Code Regs. Tit. 22, §§ 1326-3

1. New section filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 79, No. 13.
2. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 11-7-2003 and filed 12-24-2003 (Register 2003, No. 52).
3. Editorial correction of subsection (c) (Register 2004, No. 10).

Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 1085, 1092, 1257, 1326 and 1327, Unemployment Insurance Code.