Workforce Services, Unemployment Insurance

Rule R994-406

Fraud, Fault and Nonfault Overpayments

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36257
Filed: 05/22/2012 10:39:20 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:

Subsections 35A-4-406(2), 35A-4-406(3), 35A-4-406(4), and 35A-4-406(5) provide for the type of overpayment to be assessed depending on the facts of the case and how each type of overpayment will be collected.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no written comments received during 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 provides information to claimants and Department personnel on how it is determined which type of overpayment applies and how that overpayment will be collected. 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:

05/22/2012