File No. 36761
This rule was published in the October 1, 2012, issue (Vol. 2012, No. 19) of the Utah State Bulletin.
Workforce Services, Employment Development
Utah Back to Work Pilot Program (BWP)
Notice of Proposed Rule
DAR File No.: 36761
Filed: 09/13/2012 04:02:49 PM
Purpose of the rule or reason for the change:
The purpose of this amendment is to eliminate the Back to Work Pilot program.
Summary of the rule or change:
The Department has been offering a Back to Work program in an effort to help people move from unemployment to work more quickly. The Department does not have the funds to operate the program at the present time and it will no longer be offered.
State statutory or constitutional authorization for this rule:
- Subsection 35A-3-302(5)(b)
- Subsection 35A-1-104(4)
- Section 35A-1-104
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 is a federally-funded program 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 there are no costs or fees associated with these proposed changes. Any employer currently participating will be paid according to the contract.
persons other than small businesses, businesses, or local governmental entities:
There will be no costs to persons other than small businesses, 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 affected 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.
Jon Pierpont, Acting 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:
Jon Pierpont, Acting 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
(b) be legally eligible to work in the U.S. and be a U.S.
citizen or meet the alienage requirements of
(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
(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
(g) sign a "statement of facts"
(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 requirements of subsections
(1)(e) through (g) of this section. Eligible Utah Back to Work
Youth who are also eligible UI claimants are not required to have
a minor dependent child.
(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, or has no
outstanding balance owed the BWP program;
(b) is a "qualified employer" 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
(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
(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
(g) does not hire the claimant for temporary or seasonal
(h) has signed a participation agreement with the
department. The agreement must be signed no later than seven
calendar days after the "date of hire" of the qualified
unemployed individual. A qualified unemployed individual is one
who has enrolled in, and is eligible for, the BWP. The date of
hire means the date services for remuneration were first
performed by the employee.
(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
(5) If any employer has received any subsidy payment from
DWS that the department determines was not entitled to,
(a) the employer shall repay the sum, or shall, at the
discretion of the department, have the sum deducted from any
future subsidy payment payable to the employer;
(b) the sum the employer is determined liable for shall
be collectible in the same manner as provided for in Section
35A-3-601 et seq.
(6) A review of a decision or determination involving BWP
subsidy payment liability shall be made in accordance with the
provisions of Section 35A-3-605(2) and Department rules
R986-100-123 et seq.
(7) BWP and BWY will continue for as long as funding is
KEY: family employment program
Date of Enactment or Last Substantive Amendment: [
August 1, ]2012
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/2012/b20121001.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.