Workforce Services, Employment Development

Section R986-100-114a

Determining When a Document is Considered Received by the Department

Notice of Proposed Rule

(Amendment)

DAR File No.: 36304
Filed: 05/31/2012 04:41:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to correct information about when an application is considered received.

Summary of the rule or change:

Currently, the received date is the date the application is received. If an application or other documents are received after 5 p.m. or on weekends, the rule states they are considered received on the next work date. The Department has moved to an online application procedure. The received date for online applications or other files will be the actual time received via the computer, not the next work date.

State statutory or constitutional authorization for this rule:

• Section 35A-3-101 et seq.
• Section 35A-1-104
• Subsection 35A-1-104(4)
• Section 35A-3-401 et seq.
• Section 35A-3-301 et seq.

Anticipated cost or savings to:

the state budget:

This applies to federally-funded programs so there are no costs or savings to the state budget.

local governments:

This is a federally-funded program so there are no costs or savings to the local government.

small businesses:

There will be no costs to small businesses to comply with these changes because this is a federally-funded program.

persons other than small businesses, businesses, or local governmental entities:

There will be no costs to persons other than small businesses, businesses or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes.

Compliance costs for affected persons:

There are no compliance costs associated with these changes for any affected persons because this is a federally-funded program and there are no fees or costs associated with these proposed changes.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Kristen Cox, Executive Director

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

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY, UT 84111-2333

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]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/16/2012

This rule may become effective on:

07/23/2012

Authorized by:

Kristen Cox, Executive Director

R986. Workforce Services, Employment Development.

R986-100. Employment Support Programs.

R986-100-114a. Determining When a Document or Information is Considered Received by the Department.

(1) The date of receipt of a document filed with the Department is the date the document is actually received by the Department and not the post mark date. Any document or information received after 5 p.m.[, including documents received] by Fax[ or], postal mail, email or hand delivery, will be considered received the next day Department offices are open. If an application for assistance or other information is filed through the "myCase" system, it will be considered received the day it was filed online even if it is filed after 5 p.m. or on a Saturday, Sunday, or legal holiday.

(2) If a document has a due date and that due date falls on a Saturday, Sunday, or legal holiday, the time permitted for filing the document will be extended to 5 p.m. on the next day Department offices are open.

(3) "Document" as used in this section means application for assistance, verification, report, form and written notification of any kind.

(4) A verbal report or notification will be considered received on the date the client talks to a Department representative. A voice message received after 5 p.m. will be considered received the next day Department offices are open.

 

KEY: employment support procedures

Date of Enactment or Last Substantive Amendment: [September 7, 2011]2012

Notice of Continuation: September 8, 2010

Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.