Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since January 1, 2020, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R357. Governor, Economic Development.

Rule R357-22. Rural Employment Expansion Program.

As in effect on January 1, 2020

Table of Contents

R357-22-101. Title.

This rule is known as the "Rural Employment Expansion Program Rule."

R357-22-102. Definitions.

In addition to the terms defined in 63N-4-402, the following terms are defined as follows:

(1) "Employee report" means a list of employees in a format approved by the office that includes:

(a) time-period of report;

(b) employee:

(i) names or ID numbers;

(ii) position titles;

(iii) hire dates;

(iv) termination dates, if applicable;

(v) hours paid;

(vi) wages paid.; and

(vii) benefits paid, if applicable.

(4) "New full-time employee position" means a positon that:

(a) has been newly created in addition to the number of baseline jobs as defined in subsection 63N-1-102(1);

(b) is a newly created full-time employee position where the annual gross wage or annualized wage of the employment position, not including health care or other paid or unpaid benefits, is at least 110% of the average wage of the county in which the employment position exists; and

(c) is filled;

(i) by a full-time employee as defined in subsection 63N-1-102(6) who is not a spouse, child, parent, sibling, grandparent, or grandchild of an owner or officer of the business entity; and

(ii) in any county in the state except Salt Lake, Utah, Davis, Weber, Washington, Cache, Tooele, and Summit counties.

(2) "REDI", Rural Economic Development Incentives, means the same as the Rural Employment Expansion Program.

R357-22-103. Authority.

This rule is adopted by the office under the authority of Subsection 63N-4-403(2)(c).

R357-22-104. Form and Content of Application for Rural Employment Expansion Program Participation.

(1) The content of the application for a rural employment expansion grant shall, at minimum, include the business entity's:

(a) name;

(b) physical operating address;

(c) telephone number;

(d) email address;

(e) Federal EIN number;

(f) primary NAICS code;

(g) vendor number, if the applicant is a registered vendor with the State of Utah;

(h) requested rural employment expansion grant amount; and

(i) forecasted:

(i) number of new full-time positions;

(ii) wage of new full-time employee positions; and

(iii) hire date of new full-time employee positions.

(2) The following documents shall, at minimum, be included in each application for participation in the program:

(a) copy of current W-9 form;

(b)(i) two most recent Form 33H - Utah Employer Quarterly Wage List and Contribution Reports; or

(ii) a copy of an executed professional employee agreement, as defined in Subsection 31A-40-102(15); and

(c) employee report covering the twelve months prior to application.

R357-22-105. Documentation Required to Demonstrate the Creation of New Full-Time Positions.

(1) The following documents shall, at minimum, be included when a business entity demonstrates the creation of new full-time employee positions after the position has been filled for 12 months:

(a) number of new full-time employee positions created;

(b) address of work location if different from the address supplied in the business entity's application for REDI Participation;

(c) employee report for the twelve months prior to grant funds disbursement request; and

(d)(i) two most recent Form 33H - Utah Employer Quarterly Wage List and Contribution Reports; or

(ii) a copy of an executed professional employee agreement, as defined in Subsection 31A-40-102(15).

(2) A business entity may apply for grant funds after the new employee position has been filled for a minimum of six months and the annualized wage is at least 110% of the county's annual wage by submitting, at minimum, the following:

(a) number of new full-time employee positions created;

(b) address of work if different from the address supplied in the business entity's application for REDI Participation;

(c) employee report covering the twelve months prior to grant disbursement request; and

(d)(i) two most recent Form 33H - Utah Employer Quarterly Wage List and Contribution Reports; or

(ii) a copy of an executed professional employee agreement, as defined in Subsection 31A-40-102(15).

(e) new full-time employee positions pay stubs at the second, fourth and sixth months.

(3) the office may request additional information in order to verify the creation and wage of new full-time employee positions.

R357-22-106. Documentation Required to Demonstrate the Creation of New Full-Time Positions -- Appeal Process.

(1) If, after a review of the documentation required to demonstrate the creation of a new full-time employee positions is inadequate the office shall:

(a) deny the request for a rural employment expansion grant; or

(b) inform the business entity that the documentation is inadequate and ask the business entity to submit additional documentation.

(2) If the office denies the request for a rural employment expansion grant the business entity may appeal the denial to the office, in writing, within 20 business days of the denial notice date.

(3) The office shall review any appeal within 20 business days and make a final determination of the business entity's request for a rural employment expansion grant.

R357-22-107. Administration of the Rural Employment Expansion Grant.

(1) From the date of entering a written agreement, as described in Subsection 63N-4-404(3), the business entity shall have six months to hire an employee to fill any new full-time employee positions.

(2) The business entity shall provide the documentation required to demonstrate the creation of new full-time employee positions within 90-days of the completion of all eligible employment periods for the new full-time positions.

(3) The business entity shall verify that newly hired employees are legal U.S. Citizens or meet eligible non-citizen requirements (employer must use the E-Verify and keep a record of citizen documentation on hand).

(4) If the office finds a material change in the baseline number of jobs after established in the contract, the administrator may cause the contract to be amended to reflect the correct number prior to issuance or denial of an incentive.

(5) The written agreement, as described in Subsection 63N-4-404(3), will establish the average county wage terms and requirements.

(6)(a) New full-time employee positions that qualify for a Rural Employment Expansion Grant are not eligible to be considered as new full-time employee positions for other grant or incentive programs administered by the office.

(b) Business entities that would like to apply for or receive another grant or incentive administered by the office must submit a separate application for each grant or incentive program.

KEY

rural employment expansion, economic development

Date of Enactment or Last Substantive Amendment

October 28, 2019

Authorizing, Implemented, or Interpreted Law

63N-4-403(2)(c)


Additional Information

Contact

For questions regarding the content or application of rules under Title R357, please contact the promulgating agency (Governor, Economic Development). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.