Workforce Services, Unemployment Insurance

Rule R994-304

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:

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

Effective:

03/31/2010

Authorized by:

Kristen Cox, Executive Director