No. 29963: R994-406. Fraud, Fault and Nonfault Overpayments

DAR File No.: 29963
Filed: 05/22/2007, 04:48
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:

Sections 35A-4-405 and 35A-4-406 provide for nonfault, fault, and fraud overpayments in unemployment cases. Subsection 35A-4-502(1)(b) authorizes the Department to make rules as necessary for the administration of the Act. Subsection 35A-1-104(a) authorizes the Department to adopt rules.

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

The Department has received no comments 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:

All of the overpayment provisions were combined into this rule in 2006 as part of the Departments multi-year process to rewrite all of our rules. It is easier for parties and employees to find overpayment information now that it is all in one rule. Subsection 35A-4-405(5) contains the fraud provisions in the statute and the rule is necessary to define terms and explain repayment requirements. Section 35A-4-406 provides for nonfault and fault overpayments. This rule is necessary to define those two types of overpayments and when repayment is required. 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