No. 36095 (5-year Review): Rule R994-402. Extended Benefits (EB)

DAR File No.: 36095
Filed: 04/25/2012 01:31:02 PM

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-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. Section 35A-4-402 describes the eligibility criteria for extended benefits.

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

The Department has not received any comments during the last five years.

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

Extended benefits are benefits payable when there is a state "on" indicator which basically means when the state's unemployment rate has "equaled or exceeded 120%" of the last year's average. Utah has not paid extended benefits since 1983. The rules are necessary to describe the eligibility criteria for extended benefits which are different from regular benefits and proscribed by federal law. For instance, federal law has different job search requirements for extended benefits and this rule explains those differences. 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
Unemployment Insurance
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:

Kristen Cox, Executive Director

Effective:

04/25/2012

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