No. 42743 (5-year Review): Rule R994-508. Appeal Procedures

DAR File No.: 42743
Filed: 03/29/2018 07:22:50 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 (Department) 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-1-303 authorizes the Department to make rules regarding adjudicative procedures. Section 35A-4-508 sets forth the general requirements for the appeal of Department unemployment insurance decisions. This rule provides more specific requirements and procedures for those appeals, including specifying hearing procedures and rules of evidence.

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 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:

This rule is necessary to provide claimants, employers, and Department employees with specific information regarding the appeals procedure, including the manner of conducting hearings and taking evidence. Therefore, this rule should be continued.

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:

• Nathan White at the above address, by phone at 801-526-9647, by FAX at , or by Internet E-mail at [e-mail]

Effective:

03/29/2018

Authorized by:

Jon Pierpont, Executive Director

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