File No. 33524
This notice was published in the April 15, 2010, issue (Vol. 2010, No. 8) of the Utah State Bulletin.
Workforce Services, Unemployment Insurance
Special Provisions Regarding Transfers of Unemployment Experience and Assigning Rates
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 33524
Filed: 03/31/2010 11:30:37 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-4-304 defines when experience ratings can be transferred to a new business owner or a different employer.
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 comments on this rule in the last five years.
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 define when a new employer can keep, or must keep, the experience rating of a prior owner or business. This is to prevent employers from transferring ownership or employees to circumvent an unfavorable experience rating. 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:Workforce Services
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@example.com
Kristen Cox, Executive Director
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100415.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at firstname.lastname@example.org.