DAR File No. 32782

Workforce Services, Unemployment Insurance

R994-403-118e

Disqualification Periods if a Claimant Fails to Provide Information

NOTICE OF PROPOSED RULE

DAR File No.: 32782
Filed: 07/01/2009, 07:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify disqualifications when a claimant fails to return signature form.

Summary of the rule or change:

The Department requires each unemployment claimant sign and return a form directing the Department whether to direct deposit unemployment benefits or to pay benefits by electronic benefit card. The signature is important to identify the claimant. If the claimant does not return the card, the Department stops payment of benefits until the card is returned. Once the card is returned, the claimant should be able to collect past benefits. This rule changes the disqualification period so as to not punish claimants who do not return the form promptly.

State statutory or constitutional authorization for this rule:

Section 35A-1-104 and Subsections 35A-1-104(4) and 35A-4-502(1)(b)

Anticipated cost or savings to:

the state budget:

This is a federally-funded program and there is no anticipated cost or savings to the state budget.

local governments:

This is a federally-funded program and there is no anticipated cost or savings to any local government.

small businesses and persons other than businesses:

Since claimants have been allowed past benefits before moving to the electronic benefit card, there will be no increase in costs to employers. There will be no increased costs to small businesses or any person to comply with this rule.

Compliance costs for affected persons:

There are no compliance costs associated with this proposed rule change so no persons will be affected by this change.

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. These changes will have no impact on any employers contribution tax rate. 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
Unemployment Insurance
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 spixton@utah.gov

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:

08/14/2009

This rule may become effective on:

08/21/2009

Authorized by:

Kristen Cox, Executive Director

R994. Workforce Services, Unemployment Insurance.

R994-403. Claim for Benefits.

R994-403-118e. Disqualification Periods if a Claimant Fails to Provide Information.

(1) A claimant is not eligible for benefits if the Department does not have sufficient information to determine eligibility. Except as provided in subsection (6) of this section, a[A] claimant who fails to provide necessary information without good cause is disqualified from the receipt of unemployment benefits until the information is received by the Department.

(2) If insufficient or incorrect information is provided when the initial claim is filed, the disqualification will begin with the effective date of the claim.

(3) If a potentially disqualifying issue is identified as part of the weekly certification process and the claimant fails to provide the information requested by the Department, the disqualification will begin with the Sunday of the week for which eligibility could not be determined.

(4) If insufficient or incorrect information is provided as part of a review of payments already made, the disqualification will begin with the week in which the response to the Department's request for information is due.

(5) The disqualification will continue through the Saturday prior to the week in which the claimant provides the information.

(6) If the disqualification results from the claimant's failure to complete, sign, and return the Direct Deposit or Eppicard Authorization Form, the disqualification will be reversed once the completed and signed form is received by the Department. The claimant does not need to show good cause for his or her failure to provide the Direct Deposit or Eppicard Authorization Form in a timely manner.

 

KEY: filing deadlines, registration, student eligibility, unemployment compensation

Date of Enactment or Last Substantive Amendment: [December 3, 2008]2009

Notice of Continuation: June 26, 2007

Authorizing, and Implemented or Interpreted Law: 35A-4-403(1)