No. 26921 (Amendment): R994-102. Purpose of Employment Security Act

DAR File No.: 26921
Filed: 01/28/2004, 02:52
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The unemployment rules are being rewritten to ensure that they comply with current law and practice.

 

Summary of the rule or change:

In order to keep all procedural rules together, some provisions of this rule have been moved to Rule R994-508. Rule R994-508 is a proposed rule that is being repealed and reenacted and that is being filed with this amendment. Language from the rule which is currently contained in statute is being removed as not being appropriate for rule. (DAR NOTE: The proposed repeal and reenact of Rule R994-508 is under DAR No. 26929 in this issue.)

 

State statutory or constitutional authorization for this rule:

Section 35A-4-102

 

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the State budget because this is a federally-funded program and there are no substantive changes being made to this rule. These changes reflect current Department practices.

 

local governments:

In addition to the reasons stated in relation to the State budget, there will be no costs or savings to local government as this is a federally-funded, state-wide program that does not affect local government.

 

other persons:

There will be no costs or savings to any person for the reasons stated in relation to the State budget. This amendment does not make any substantive changes to current law or rule.

 

Compliance costs for affected persons:

There will be no compliance costs to any person for the reasons stated in relation to the State budget. This amendment does not make any substantive changes to current law or rule.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. It will not cost anyone any sum to comply with these changes.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Workforce Information and Payment Services
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 [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/19/2004

 

This rule may become effective on:

03/22/2004

 

Authorized by:

Raylene G. Ireland, Executive Director

 

 

RULE TEXT

R994. Workforce Services, Workforce Information and Payment Services.

R994-102. [Purpose of ]Employment Security Act, Public Policy and Authority.

R994-102-101. [Preamble.]Authority and Statement of the Rules.

(1) One of the purposes of the Employment Security Act, Utah Code Section 35A-4-101 et seq., the Act, is to lighten the burdens of persons unemployed through no fault of their own by maintaining their purchasing power in the economy. The legislature, in establishing this program, recognized the substantial social ills associated with unemployment and sought to ameliorate these problems with a program to pay workers for a limited time while they seek other employment.[ It is because of these reasons that it is in the public interest to liberally construe and administer the Act. It is important that both the worker seeking benefits and the employer who will ultimately pay for the worker's benefits understand the process by which contributions are assessed and benefits are paid. The following rules are written to explain and clarify the application of the Act. In applying these rules to individual cases the Department will consider the reasonableness of claimant's action, the totality of the employment situation, and whether the claimant has a genuine continuing attachment to the labor market.]

(2) The Department of Workforce Services (Department) [has an obligation to be unbiased in administration of the Act. Therefore, the Department must allow all parties due process before dispensing the revenues provided by the Employment Security Act in order to protect]is responsible for protecting the investment of employers who contributed to the unemployment insurance fund, the interests of the unemployed workers who may be eligible for the dollars provided by the fund, and the community which benefits from a stable workforce through the maintenance of purchasing power.[ Due process requires that employers will not be charged contributions for benefits, and workers will not be denied benefits, without the opportunity to provide information and contest or refute the information considered in the decision making process.]

(3) [When an eligible worker has no work available and there exists no dispute among the worker, the employer, or the Department benefits must be paid promptly. However, when a worker quits, is fired, or has any other issue under the law an investigation of the circumstances must take place to determine if benefits can be paid. In determining whether or not the worker is eligible for benefits, his actions are measured against the standards of just cause following a discharge in accordance with Section R994-405-202, and good cause in accordance with Section R994-405-102 and equity and good conscience in accordance with Section R994-405-103 following a voluntary separation from employment. When one party fails to provide information or when that information is less credible, the result is that the party who has the responsibility to provide information may not prevail in its position.]The legal authority for these rules and for the Department to carry out its responsibilities is found in Utah Code Sections 34A-1-104 and 35A-4-101 et seq.

(4) These rules are to be liberally construed and administered and doubts should be resolved in favor of finding coverage of the employee and assisting those who are attached to the work force.[

 

R994-102-102. Evidentiary Requirements.

(1) The evidentiary requirement for Department decisions is a preponderance of the evidence. It is not necessary to meet criminal court standards of beyond reasonable doubt or overwhelming evidence. Preponderance means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Although the evidence that is required for an appeal decision must be of probative value, an initial determination must be made based on the best or most logical information available. Sworn testimony or first-hand statements have greater believability than unsworn statements or hearsay. A great deal of information is provided to the Department through telephone conversations and written reports. While the information provided in this manner will always be considered by the Department, it cannot be relied upon more than credible sworn testimony when the parties have been given an opportunity to present evidence in person.

(2) Hearsay, which is information provided by a source whose credibility cannot be tested through cross-examination, has inherent infirmities which make it unreliable. The failure of one party to provide information either initially or at the appeals hearing severely limits the amount and quality of information upon which to base a good decision. Therefore, it is necessary for all parties to actively participate in the decision making process by providing accurate and complete information in a timely manner to assure the protection of the interests of each party and preserve the social integrity of the unemployment insurance system.]

 

KEY: unemployment compensation

[1987]2004

Notice of Continuation May 23, 2002

35A-4-102