DAR File No. 37648
This notice was published in the June 15, 2013, issue (Vol. 2013, No. 12) of the Utah State Bulletin.
Workforce Services, Unemployment Insurance
Rule R994-405
Ineligibility for Benefits
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 37648
Filed: 05/16/2013 04:09:51 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:
This rule explains when claimants are eligible for benefits after a job separation, temporary help company and professional employer organization rules, and definitions of suitable work. 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. Subsection 35A-4-502(1)(b) authorizes the Department to make rules necessary for the administration of the Employment Security Act. Section 35A-4-405 provides for circumstances when a claimant is ineligible. This rule provides guidance to all parties to help decide when a claimant is ineligible.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No written comments have been received.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule is essential for determining when claimants will be eligible for benefits in the event of a discharge or a quit. It contains information from state and federal law regarding eligibility after a separation and what is considered suitable new work. It is also essential for determining when benefits will be allowed in the event of a strike and how vacation and severance payments will be calculated and when they will be disqualifying. It is also essential for determining when educational employees and professional athletes are eligible and alien status. 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:
Workforce ServicesUnemployment 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 [email protected]
Authorized by:
Jon Pierpont, Executive Director
Effective:
05/16/2013
Additional Information
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/2013/b20130615.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.
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 [email protected].