DAR File No. 42742

This notice was published in the April 15, 2018, issue (Vol. 2018, No. 8) of the Utah State Bulletin.


Workforce Services, Unemployment Insurance

Rule R994-405

Ineligibility for Benefits

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42742
Filed: 03/29/2018 07:15:04 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-4-405 sets forth the general criteria governing when a claimant may be deemed ineligible to receive unemployment insurance benefits. This rule sets forth criteria for addressing more specific situations related to ineligibility for benefits that are not squarely addressed by statute.

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 ineligibility 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 Services
Unemployment 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.