DAR File No. 42741
This notice was published in the April 15, 2018, issue (Vol. 2018, No. 8) of the Utah State Bulletin.
Workforce Services, Unemployment Insurance
Rule R994-403
Claim for Benefits
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 42741
Filed: 03/29/2018 07:11:17 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-1-104 authorizes the Department of Workforce Services (Department) 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-4-403 sets forth the general criteria for workers to be considered eligible to receive unemployment insurance benefits. Subsection 35A-4-403(4) specifically grants the Department authority to make rules to waive or alter certain general criteria also. This rule sets forth criteria for addressing more specific situations related to eligibility for benefits that are not squarely addressed by statute, as well as the circumstances in which certain of the general criteria may be waived or excused.
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 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:
This rule is necessary to provide claimants, employers, and Department employees with specific information regarding eligibility for benefits, including incorporating case law from the Utah Supreme Court and Court of Appeals interpreting the statutory criteria. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Workforce ServicesUnemployment Insurance
140 E 300 S
SALT LAKE CITY, UT 84111-2333
Direct questions regarding this rule to:
- Nathan White at the above address, by phone at 801-526-9647, by FAX at , or by Internet E-mail at nwhite@utah.gov
Effective:
03/29/2018
Authorized by:
Jon Pierpont, Executive Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
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/2018/b20180415.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 Nathan White at the above address, by phone at 801-526-9647, by FAX at , or by Internet E-mail at nwhite@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.