No. 27789: R994-204. Included Employment

DAR File No.: 27789
Filed: 04/01/2005, 11:06
Received by: NL

 

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-4-204 defines employment and describes what types of employment are covered by the Employment Security Act. Rule R994-204 is necessary to define terms used or implied by that section. Section 35A-1-104 authorizes the Department of Workforce Services 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.

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

We have received no written comments during the last five years on this rule.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

It is essential for an employer to know when it must pay unemployment taxes and benefits. A claimant also needs to know when he or she is covered under the Act. An employer, for instance, cannot just call an "employee" an independent contractor to avoid compliance with the Act. The rule describes a true independent contractor relationship to insure uniform application of the statute and notice to the party of what they need to do to comply. Section 35A-4-204 defines employment covered by the Employment Security Act. The rule is necessary to describe how the Department of Workforce Services determines when the statute applies in situations like domestic service, independent contractor, and outside commissioned salesmen. It also defines when an employer, doing business in Utah and other states, will be covered in Utah. Therefore, this rule should be continued.

 

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]

 

Authorized by:

Tani Downing, Executive Director