Workforce Services, Unemployment Insurance

Rule R994-205

Exempt Employment

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33522
Filed: 03/31/2010 11:21:21 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 35A-1-104 authorizes the Department of Workforce Services to adopt rules. Subsection 35A-1-104(4) authorizes the Department to establish eligibility standards for its programs. Subsection 35A-4-502(1)(b) authorizes the Department to make rules necessary for the administration of the Employment Security Act. Section 35A-4-205 defines when employment is exempt under the Act.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department has not received any written comments in the last five years regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is necessary to provide guidance to employers and employees as to when the employment may be exempt under the Act. It establishes standards for determining exempt status in certain situations like casual labor, agricultural labor, and domestic labor. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected]

Effective:

03/31/2010

Authorized by:

Kristen Cox, Executive Director