No. 43557 (Amendment): Rule R994-403. Claim for Benefits

(Amendment)

DAR File No.: 43557
Filed: 02/28/2019 02:34:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change updates instructions regarding the method of applying for benefits.

Summary of the rule or change:

The Department of Workforce Services (Department) administers the state's unemployment insurance program pursuant to Sections 35A-1-202 and 35A-4-101 et seq. This proposed rule change directs unemployment insurance claimants to apply for benefits on the Department's website, rather than by contacting the Claims Center by telephone. The proposed rule change also clarifies that applying for reopening of a claim can be done on the Department's website, rather than by contacting the Claims Center. The Department has determined that the most effective and efficient mechanism for claimants to submit applications for benefits is through the Department's website. Currently, claimants who call the Claims Center to file a claim by telephone are directed to the Department's website. If the claimant does not have a computer or internet access, the Department has over 30 Employment Centers located across the state with computer access available to the public. If a claimant is unable to report to an Employment Center, the Claims Center staff makes arrangements for the claimant to submit their application in another way. This rule change retains the provisions allowing claimants to contact the Department to receive instruction regarding other methods of applying, ensuring continued access for those with disabilities or other qualifying conditions. Very few individuals have required other arrangements for filing. This rule change allows resources currently dedicated to taking claims over the phone to be shifted to more value-added efforts, specifically engaging more claimants with reemployment resources in an effort to reduce claim duration and exhaustion rates thus preserving the Unemployment Compensation Fund.

Statutory or constitutional authorization for this rule:

• Section 35A-4-403

Anticipated cost or savings to:

the state budget:

This proposed rule change is not expected to have any fiscal impact on state government revenues or expenditures because the proposed rule change simply ensures the majority of claimants use the most effective and efficient mechanism for applying for benefits. Nothing in this proposed rule change affects or limits a claimant's substantive eligibility for unemployment insurance benefits, or limits the duration for which those benefits may be received.

local governments:

This proposed rule change is not expected to have any fiscal impact on local governments' revenues or expenditures because the unemployment insurance program is a state-level program that does not rely on local governments for its funding, administration, or enforcement.

small businesses:

This proposed rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures because nothing in the proposed rule change will affect the amount of unemployment taxes paid by any business or otherwise affect the substantive eligibility for, or payment of, unemployment insurance benefits to any claimant. The Department has considered whether this proposed rule change will have a measurable negative fiscal impact on small businesses and has determined that the proposed rule change will not have a negative fiscal impact.

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

This proposed rule change is not expected to have any fiscal impact on other individuals revenues or expenditures because the proposed rule change simply ensures the majority of claimants use the most effective and efficient mechanism for applying for benefits. Nothing in this proposed rule change affects or limits a claimant's substantive eligibility for unemployment insurance benefits or limits the duration for which those benefits may be received.

Compliance costs for affected persons:

This proposed rule change is not expect to cause any compliance costs for affected persons because the proposed rule change does not create any new eligibility or administrative requirements for claimants or any other affected persons. At this time, 90% of initial claims are completed online. After the claim is filed, all claimants are required to complete weekly claims. In 2012, the Department required all weekly claims to be completed online. In 2018, 99.6% of weekly claims were completed online. The resources needed by a claimant to comply with online weekly filing will allow the claimant to comply with this change seamlessly.

Comments by the department head on the fiscal impact the rule may have on businesses:

After a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to businesses.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Amanda McPeck at the above address, by phone at 801-517-4709, by FAX at , 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:

04/15/2019

This rule may become effective on:

05/01/2019

Authorized by:

Jon Pierpont, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed rule change is not expected to have any fiscal impact on non-small businesses revenues or expenditures because nothing in the proposed rule change will affect the amount of unemployment taxes paid by any business.

 

The executive director of the Department of Workforce Services, Jon Pierpont, has reviewed and approved this fiscal analysis.

 

 

R994. Workforce Services, Unemployment Insurance.

R994-403. Claim for Benefits.

R994-403-101a. Filing a New Claim.

(1) A new claim for unemployment benefits is made by filing with the Department of Workforce Services Claims Center. A new claim can be filed by [telephone, ]completing an application at the Department's web[ ]site, or as otherwise instructed by the Department.

(2) The effective date of a new claim for benefits is the Sunday of the week in which the claim is filed, provided the claimant did not work full-time during that week, or is not entitled to earnings equal to or in excess of the WBA for that week. A claim for benefits can only be made effective for a prior week if the claimant can establish good cause for late filing in accordance with R994-403-106a.

(3) When a claimant files a new claim during the last week of a quarter and has worked less than full-time for that week, the Department will make the claim effective that week if it is advantageous to the claimant, even if the claimant has earnings for that week that are equal to or in excess of the WBA.

(4) Wages used to establish eligibility for a claim cannot be used on a subsequent claim.

 

R994-403-103a. Reopening a Claim.

(1) A claim for benefits is considered "closed" when a claimant reports four consecutive weeks of earnings equal to or in excess of the WBA or does not file a weekly claim within 27 days from the last week filed. In those circumstances, the claimant must reopen the claim before benefits can be paid.

(2) A claimant may reopen the claim any time during the 52-week period after first filing by completing the application to reopen at the Department's website, or as otherwise instructed by the Department[contacting the Claims Center]. The effective date of the reopened claim will be the Sunday of the week in which the claimant requests reopening unless good cause is established for failure to request reopening during a prior week in accordance with R994-403-106a.

 

KEY: filing deadlines, registration, student eligibility, unemployment compensation

Date of Enactment or Last Substantive Amendment: [May 30, 2017]2019

Notice of Continuation: March 29, 2018

Authorizing, and Implemented or Interpreted Law: 35A-4-403(1)

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