No. 37876 (Amendment): Section R994-508-307. Withdrawal of Appeal to the Board

(Amendment)

DAR File No.: 37876
Filed: 08/01/2013 04:10:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to correct errors in dates.

Summary of the rule or change:

The rule currently allows 30 days to request reinstatement of an appeal after the party withdrew the appeal. The Department only allows 10 days to insure delays do not prejudice other parties. Additionally the current rule states that a request to reinstate made after ten days will be considered a late appeal. That should be 30 days as no decision becomes final until 30 days after issuance. It is believed the number of days got transposed at some point. This just corrects it to comply with law and practice.

State statutory or constitutional authorization for this rule:

• Subsection 35A-4-502(1)(b)
• Subsection 35A-1-104(4)
• Section 35A-1-104
• Section 35A-4-508
• Section 35A-1-303

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

local governments:

This is a federally-funded program so there are no costs of savings to local government.

small businesses:

There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded.

persons other than small businesses, businesses, or local governmental entities:

There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact any employer's contribution rate.

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. These changes will have no impact on any employers contribution tax rate.

Jon Pierpont, 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
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]

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:

09/16/2013

This rule may become effective on:

09/23/2013

Authorized by:

Jon Pierpont, Executive Director

RULE TEXT

R994. Workforce Services, Unemployment Insurance.

R994-508. Appeal Procedures.

R994-508-307. Withdrawal of Appeal to the Board.

A party who has filed an appeal from a decision of an ALJ may request that the appeal be withdrawn. The request must explain the reasons for the withdrawal by making a written statement to the Board explaining the reasons for the withdrawal. The Board may deny such a request if the withdrawal of the appeal jeopardizes the due process rights of any party. If the Board grants the request, a decision dismissing the appeal will be issued and the underlying decision will remain in effect. The decision will inform the party of the right to reinstate the appeal and the procedure for reinstating the appeal. A request to reinstate an appeal under this subsection must be made within [30]ten days of the decision dismissing the appeal, must be in writing, and must show cause for the request. A request to reinstate made more than [ten]30 days after the dismissal will be treated as a late appeal.

 

KEY: unemployment compensation, appellate procedures

Date of Enactment or Last Substantive Amendment: [February 1, 2012]2013

Notice of Continuation: May 16, 2013

Authorizing, and Implemented or Interpreted Law: 35A-4-508(2); 35A-4-508(5); 35A-4-508(6); 35A-4-406; 35A-4-103

 

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