DAR File No. 39634

Workforce Services, Employment Development

Rule R986-100

Employment Support Programs

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39634
Filed: 09/02/2015 01:13:30 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-1-303 is the authority to adopt rules governing adjudicative procedures. Section 35A-1-104 authorizes the Department of Workforce Services to adopt rules. Section 35A-3-103 directs the Department to administer public assistance programs assigned to the Department. Section 35A-3-301 authorizes the Department to pay financial assistance to those participating in the family employment program. Section 35A-3-401 et seq. authorizes the Department to pay general assistance. Section 35A-1-303 authority to adopt rules governing adjudicative procedures. The Utah Administrative Procedures Act, Title 63G, Chapter 4, defines the procedures the Department must follow in administrative hearings.

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

The Department has not received any comments 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:

This rule is necessary to provide a framework under both state and federal law for the release of information, what programs are assigned to the Department and covered by these rules, residency requirements, how to apply for assistance, the requirement to provide and verify information provided to the Department, overpayments, due process rights including the right to appeal, and how to appeal an unfavorable Department decision. Without this rule the Department would be unable to administer its programs. 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
Employment Development
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:

09/02/2015

Authorized by:

Jon Pierpont, Executive Director