No. 37648 (5-year Review): Rule R994-405. Ineligibility for Benefits

DAR File No.: 37648
Filed: 05/16/2013 04:09:51 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:

This rule explains when claimants are eligible for benefits after a job separation, temporary help company and professional employer organization rules, and definitions of suitable work. 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-4-405 provides for circumstances when a claimant is ineligible. This rule provides guidance to all parties to help decide when a claimant is ineligible.

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

No written comments have been received.

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

This rule is essential for determining when claimants will be eligible for benefits in the event of a discharge or a quit. It contains information from state and federal law regarding eligibility after a separation and what is considered suitable new work. It is also essential for determining when benefits will be allowed in the event of a strike and how vacation and severance payments will be calculated and when they will be disqualifying. It is also essential for determining when educational employees and professional athletes are eligible and alien status. 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:

Jon Pierpont, Executive Director

Effective:

05/16/2013

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