Workforce Services, Unemployment Insurance

Section R994-207-101

General Definition

Notice of Proposed Rule

(Amendment)

DAR File No.: 34899
Filed: 06/01/2011 04:58:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify existing law and rules.

Summary of the rule or change:

Commission salespersons fail to report work when claiming unemployment benefits because the commission has yet to be paid. This rule is intended to clarify the need to report the work, as well as the earnings for those type of workers.

State statutory or constitutional authorization for this rule:

• Subsection 35A-4-502(1)(b)
• Section 35A-1-104
• Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

local governments:

This is a federally-funded program so there are no costs or savings to local government.

small businesses:

There are no costs or savings to small businesses as there are no fees associated with this program and it is federally funded.

persons other than small businesses, businesses, or local governmental entities:

There are no costs or savings to any other persons, businesses, or local government entitles as there are no fees associated with this program and it is federally funded.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact any employer's contribution rate.

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 employer's 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:

07/15/2011

This rule may become effective on:

07/22/2011

Authorized by:

Kristen Cox, Executive Director

R994. Workforce Services, Unemployment Insurance.

R994-207. Unemployment.

R994-207-101. General Definition.

(1) The objective of Sections 35A-4-401 and 35A-4-207 of the Utah Employment Security Act is to provide the means by which it may be determined when or if a claimant, who is not totally unemployed, may be allowed unemployment insurance benefits. It is not the intent of the fund to subsidize a claimant who is devoting substantially all his time and efforts to starting up a new business or expanding an existing business even though he receives no income. This is also true for a claimant who is working as a commission salesperson or licensed mortgage broker/loan officer, real estate, or securities salespersons, who may not have received commissions in excess of his or her weekly benefit amount but who has devoted substantially all of his or her efforts to the endeavor.

(2) There are generally four types of potentially employed claimants who need to have their claims examined under Section 35A-4-207. They are:

(a) corporate officers,

(b) self-employed individuals,

(c) commission salesmen, and

(d) volunteer workers.

 

KEY: unemployment compensation, unemployed workers

Date of Enactment or Last Substantive Amendment: [December 16, 1998]2011

Notice of Continuation: August 24, 2010

Authorizing, and Implemented or Interpreted Law: 35A-1-104(1); 35A-4-502(1)(b); 35A-4-207