File No. 34897
This rule was published in the June 15, 2011, issue (Vol. 2011, No. 12) of the Utah State Bulletin.
Workforce Services, Employment Development
Utah Back to Work Pilot Program (BWP)
Notice of Proposed Rule
DAR File No.: 34897
Filed: 06/01/2011 04:25:31 PM
Purpose of the rule or reason for the change:
The purpose of this amendment is to clarify language and requirements for the program.
Summary of the rule or change:
This rule change will make it clear that subsidies are only available for new employees, not employees who were hired prior to enrollment in the program. This program is intended to help employers provide new job opportunities to unemployed employees, not to pay subsidies for employees who are already working.
State statutory or constitutional authorization for this rule:
- Subsection 35A-3-302(5)(b)
- Section 35A-1-104
- Subsection 35A-1-104(4)
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.
This program is funded with federal TANF funds so there are no costs or savings to the local government.
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 of any persons, 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 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
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
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:
This rule may become effective on:
Kristen Cox, Executive Director
R986. Workforce Services, Employment Development.
R986-200. Family Employment Program.
R986-200-247. Utah Back to Work Pilot Program (BWP).
(1) BWP is a voluntary program providing short term subsidized employment for a maximum of three months to an eligible unemployment insurance (UI) claimant. To be eligible, a UI claimant must:
(a) be currently receiving UI benefits and have received at least one week of paid UI benefit. The waiting week is not considered a "paid" benefit for the purposes of this section;
(b) be legally eligible to work in the U.S. and be a U.S. citizen or meet the alienage requirements of R986-200-203;
(c) have at least 1 week of UI benefits remaining on his or her claim. The week can be Extended Benefits under 35A-4-402 or Emergency Unemployment Compensation (EUC) benefits as defined by the UI division;
(d) be the parent of at least one minor dependent child and be contributing to the financial support of that child or children;
(e) have not worked for the employer where
the claimant is to be hired under this program more than 40 hours
in the 60 days immediately preceding the date of hire under the BWP
(f) have not previously participated in the BWP or BWY program
(2) The Utah Back to Work Youth Program
(BWY) provides short term subsidized employment for a maximum of
three months to unemployed youth 18-24 years of age. BWY youth must
be legally eligible to work in the U.S. and be unemployed but do
not need to be receiving or eligible to receive UI benefits. BWY
youth do not need to be a parent but must meet the requirement of subsection (1)(e)
and have not participated in the BWP or BWY program
(3) An employer eligible for a subsidy under this section is an employer that:
(a) is registered with the Department's UI division as an active employer in "good standing". For the purposes of this section, "good standing" means the employer has no delinquent UI contributions or reports;
(b) is a "qualified employer" [
under the "Hiring Incentives to Restore Employment
Act" of 2010] which "means any employer other
than the United States, any State, or any political
subdivision" or instrumentality thereof. A public institution
of higher education is considered a "qualified employer"
for purposes of this section. The employer cannot be a Temporary
Help Company as defined in R994-202-102 or a Professional Employer
Organization as defined in R994-202-106;
(c) pays a wage of at least $9 per hour. Commission only jobs may qualify if the employer guarantees $9 per hour or more, employees who receive gratuities plus wages may qualify if the employer reports $9 per hour or more to the UI Contributions division;
(d) has not displaced or partially displaced existing workers by participating in this program;
(e) has at least one other employee;
(f) will provide the claimant with at
least 35 hours work per week;[
(g) does not hire the claimant for
temporary or seasonal work[
(4) Once it has been verified that a claimant has been hired, a qualified employer will be paid a $500 subsidy and an additional $1,500 subsidy at the conclusion of the third month of employment provided the required DWS invoices have been provided.
(5) BWP and BWY will continue for as long as funding is available.
KEY: family employment program
Date of Enactment or Last Substantive Amendment: [
January 13,] 2011
Notice of Continuation: September 8, 2010
Authorizing, and Implemented or Interpreted Law: 35A-3-301 et seq.
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/2011/b20110615.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.
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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.