No. 26928 (Amendment): R994-201. Definition of Terms in Employment Security Act

DAR File No.: 26928
Filed: 02/02/2004, 12:41
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

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

 

Summary of the rule or change:

This proposed amendment adds definitions and acronyms used in other proposed amendments filed concurrently. (DAR NOTE: The other proposed amendments are R994-102, DAR No. 26921; R994-406, DAR No. 26924; and the proposed repeal and reenacts of Rules R994-508, DAR No. 26929; and Rule R994-404, DAR No. 26930 in this issue.)

 

State statutory or constitutional authorization for this rule:

Section 35A-4-201

 

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 will be no fiscal impact on businesses as there are no substantive changes being made to the rules.

 

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.

R994-201. Definition of Terms in Employment Security Act.

R994-201-101. General Definitions and Acronyms.

These definitions are in addition to those defined in Section 35A-4-201.

(1) [Act.

]"Act" means the Utah Employment Security Act, and amendments thereto.

(2) "ALJ" means Administrative Law Judge.

(3) "Appeals Unit" means the Division of Adjudication.

(4) "Board" means the Workforce Appeals Board.

([2]5) Burden of Proof.

The person or party with the burden of proof has the initial responsibility to show that the fact at issue is worthy of belief. Burden of proof requires proof by a preponderance of the evidence.

([3]6) Bona Fide Employment.

"Bona fide employment" is work that was an authentic employer-employee relationship entered into in good faith without fraud or deceit rather than an arrangement or report of non-existent work calculated to overcome a disqualification.

([4]7) Claimant.

"Claimant" is an individual who has filed the necessary documents to apply for unemployment insurance benefits.

([5]8) Covered Employment.

"Covered employment" is [that work]employment subject to a state or federal unemployment insurance laws[program], including laws pertaining to railroad unemployment and active military duty, which can be used to establish monetary eligibility for unemployment insurance benefits. Active military duty in a full time branch of the US military service can be used, even if the duty was for less than 90 days, if the claimant was released under honorable conditions. National Guard or Reserve wages may be used only if the claimant has completed 90 consecutive days of active duty and if the claimant was released under honorable conditions.

([6]9) Department.

"Department" means the Department of Workforce Services.

([7]10) Employment Center.

"Employment Center" means an office operated by the Department of Workforce Services.

([8]11) Itinerant Service.

"Itinerant service" means a service maintained by the Department of Workforce Services at specified intervals and at designated outlying points within the jurisdiction of an Employment Center.

([9]12) Local Office.

"Local office" means the Employment Center of any geographical area.

([10]13) Person.

"Person" includes any governmental entity, individual, corporation, partnership, or association,

([11]14) Preponderance of Evidence.

A "preponderance of evidence" is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it, more convincing to the mind, evidence that best accords with reason or probability. Preponderance means more than weight; it denotes a superiority of reliability. Opportunity for knowledge, information possessed and manner of testifying determines the weight of testimony.

([12]15) Separation.

"Separation" means curtailment of employment to the extent that the individual meets the definition of "unemployed" as stated in Subsection 35A-4-207(1) with respect to any week.

([13]16) Transitional Claim.

A claim that is filed effective the day after the prior claim ends provided an eligible weekly claim was filed for the last week of the prior claim.

 

KEY: unemployment compensation, definitions[*]

[1987]2004

Notice of Continuation May 23, 2003

35A-4-201