No. 30142: R994-405. Ineligibility for Benefits

DAR File No.: 30142
Filed: 06/26/2007, 06:47
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-4-405 allows benefits under certain circumstances. Section 35A-4-502 allows the Department to pass rules to implement the Employment Security Act (Title 35A, Chapter 4). Subsection 35A-4-502(8) mandates that the Department adopt rules as necessary to secure for Utah citizens all of the advantages available under certain federal laws. Section 35A-1-104 allows the Department to adopt rules. This rule is necessary to secure for Utah citizens and employers all of the benefits and advantages of the Social Security Act and the Federal Unemployment Tax 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:

No comments have been received since the last five-year review.

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 to determine what constitutes good cause for quitting and just cause in a discharge which establishes eligibility for unemployment. The rule also establishes rules for when benefits are allowed in the event of a strike and for aliens. Without this rule, it would be impossible to administer the unemployment trust fund fairly for all eligible claimants. 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