DAR File No. 27473

Workforce Services, Workforce Information and Payment Services

R994-406-505

Overpayments Not Set Up (NSU)

NOTICE OF PROPOSED RULE

DAR File No.: 27473
Filed: 10/01/2004, 07:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Department no longer uses this section of the rule so it is proposed to remove it.

Summary of the rule or change:

Before the advent of computers, the Department did not set up small claimant overpayments if the overpayment was $10 or less due to the administrative expense. It is now easier, and less expensive, to set up all overpayments. (DAR NOTE: The other rules filed for this issue are: the proposed repeal and reenactment of Rule R994-401 under DAR No. 27469; the proposed amendment to Section R994-201-101 under DAR No. 27470; the proposed repeal and reenactment of Rule R994-403 under DAR No. 27471; and the proposed amendment of Rule R994-405 under DAR No. 27472.)

State statutory or constitutional authorization for this rule:

Subsections 35A-4-406(2), 35A-4-406(3), 35A-4-406(4), and 35A-4-406(5)

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the State budget because this is a federally-funded program and there are no substantive changes being made to this rule. These changes reflect current Department practices.

local governments:

In addition to the reasons stated in relation to the State budget, there will be no costs or savings to local government as this is a federally-funded, state-wide program that does not affect local government.

other persons:

There will be no costs or savings to any person for the reasons stated in relation to the State budget. This amendment does not make any substantive changes to current law or rule.

Compliance costs for affected persons:

There will be no compliance costs to any person for the reasons stated in relation to the State budget. This amendment does not make any substantive changes to current law or rule.

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

This proposed amendment will have no fiscal impact on business as there are no compliance costs and the rule merely reflects current statutory authority.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

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 spixton@utah.gov

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:

11/15/2004

This rule may become effective on:

11/16/2004

Authorized by:

Raylene G. Ireland, Executive Director

RULE TEXT

R994. Workforce Services, Workforce Information and Payment Services.

R994-406. Fraud and Fault.

[R994-406-505. Overpayments Not Set Up (NSU).

The minimum overpayment amount which will be established is determined by multiplying the state maximum weekly benefit amount by 15% and rounding the result to the next highest $5. Overpayments of ($10 or less) less than this amount do not justify the expense of collection and will not be (established) set up (NSU). Accumulations of overpaid benefits, accruing (from) for more than one week, which equal more than ($10) the minimum overpayment amount will be established.

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KEY: appellate procedures, jurisdiction, overpayments, unemployment compensation

[April 4, 2003]2004

Notice of Continuation May 23, 2002

35A-4-406(2)

35A-4-406(3)

35A-4-406(4)

35A-4-406(5)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.