DAR File No. 39239

Workforce Services, Unemployment Insurance

Rule R994-204

Covered Employment

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39239
Filed: 03/25/2015 03:49:51 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:

Section 35A-4-204 defines employment in very broad terms. The Department has authority under Subsections 35A-1-104(1) and (4) and 35A-4-502(1)(b) to adopt rules and establish eligibility standards. The rule is needed to specify, for instance, what standards are use for determining independent contractor status. This rule draws from case law, Utah statutory law and federal regulations to establish standards that the Department follows in making those determinations.

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 comments have been received in 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 is necessary to explain to employers and claimants when to pay contributions and who is eligible for unemployment benefits. It also provides rules for determining when an individual is an independent contractor and when the employer can seek safe haven. 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 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

Effective:

03/25/2015

Authorized by:

Jon Pierpont, Executive Director