Workforce Services, Employment Development

Rule R986-100

Employment Support Programs

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34060
Filed: 09/08/2010 04:28:52 PM

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. Section 35A-1-303 authorizes the Department to adopt rules governing adjudicative procedures. The Department has the authority to make rules to establish eligibility for Family Employment Program under Subsection 35A-3-302(5)(b). Subsection 35A-3-310(3) gives the Department the authority to determine eligibility for child care. This rule establishes eligibility and rights and responsibilities for clients and the Department in the administration of public assistance programs. The rules are necessary to establish how hearings will be conducted, when information can be released, residency and citizenship criteria, how to apply for assistance, how overpayments are established and collected, and a client's obligations while on public assistance.

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 during the last five-year period.

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 essential to administer federal- and state-funded public assistance programs including food stamps, financial assistance, and child care assistance. Without these rules, neither the Department nor the client would know how to access assistance, how to appeal a denial, when information can be released, what constitutes an overpayment and the sanctions for an overpayment and other eligibility criteria for public assistance programs. 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

Authorized by:

Kristen Cox, Executive Director

Effective:

09/08/2010