Summary
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. As a condition of receiving federal funding provided by the United States Department of Labor (USDOL) to operate the program, USDOL requires the state, pursuant to 42 USC Sec. 506, to provide reemployment services to certain recipients of unemployment insurance benefits, and to abide by evidence-based standards in helping such recipients achieve reemployment. On August 20, 2018, USDOL issued an Unemployment Insurance Program Letter (UIPL) reiterating to all state-level workforce agencies, including the Department, the need to ensure that these recipients�known as "profiled claimants"�are receiving and accepting the reemployment services offered to them as a condition of receiving unemployment insurance benefits. Following a review of its processes, the Department has determined that some profiled claimants have attempted to evade the requirement to receive reemployment services; specifically, some claimants have engaged in the practice of scheduling a meeting with an employment counselor, failed to attend the meeting, and then rescheduled the meeting multiple times. This has had the effect of allowing the claimant to receive unemployment insurance benefits despite not receiving the required reemployment services. This proposed rule amendment solves this problem by requiring a profiled claimant who fails to participate in the required reemployment services to forego receiving benefits until the required services have been received. The Department has specific authority to make rules requiring good-faith efforts by unemployment insurance recipients to secure employment under Section 35A-4-403.