No. 29700 (Amendment): R986-100-114a. Determining When a Document is Considered Received by the Department

DAR File No.: 29700
Filed: 03/15/2007, 05:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change some policy and clarify and make uniform Department practice in determining when documents are filed.

Summary of the rule or change:

Department policy provides the post mark date will determine when some documents are filed with the Department. The Department is moving to a new computer and imaging system which makes keeping record of the post mark date difficult. Additionally, using the post mark date makes it impossible for the Department to issue expedited food stamps in a timely manner. This rule provides the date of receipt will be the day the document is received by the Department provided it is received before 5 p.m. Documents received after 5 p.m. will be considered received the following business day.

State statutory or constitutional authorization for this rule:

Section 35A-1-104 and Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs of savings to the state budget as these proposed changes will not affect current funding levels.

local governments:

These changes are made to programs funded primarily with federal money and some state money so there will be no costs or savings to local government.

other persons:

There are no costs or savings to any other persons as there are no fees or costs associated with this change.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this change. Clients will need to make sure documents are received by the Department in a timely manner not just post marked by the due date.

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. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. Tani Downing, Executive Director

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

Workforce Services
Employment Development
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:

05/01/2007

This rule may become effective on:

05/09/2007

Authorized by:

Tani Downing, Executive Director

RULE TEXT

R986. Workforce Services, Employment Development.

R986-100. Employment Support Programs.

R986-100-114a. Determining When a Document is Considered Received by the Department.

(1) The date of receipt of a document filed with the Department is the date the document is actually received by the Department and not the post mark date. Any document received after 5 p.m., including documents received by Fax or email, will be considered received the next day Department offices are open.

(2) If a document has a due date and that due date falls on a Saturday, Sunday, or legal holiday, the time permitted for filing the document will be extended to 5 p.m. on the next day Department offices are open.

(3) "Document" as used in this section means application for assistance, verification, report, form and written notification of any kind.

(4) A verbal report or notification will be considered received on the date the client talks to a Department representative. A voice message received after 5 p.m. will be considered received the next day Department offices are open.

 

KEY: employment support procedures

Date of Enactment or Last Substantive Amendment: [November 1, 2006]2007

Notice of Continuation: September 13, 2005

Authorizing, and Implemented or Interpreted Law: 35A-3-101 et seq.; 35A-3-301 et seq.; 35A-3-401 et seq.