DAR File No. 27937

Workforce Services, Workforce Information and Payment Services

R994-403-123

Obligation of Department Employees

NOTICE OF PROPOSED RULE

DAR File No.: 27937
Filed: 05/24/2005, 05:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this change is to move a provision from Section R994-406-205 to create Section R994-403-123 where it can be more easily found. (DAR NOTE: The proposed amendment to R994-406 is found under DAR No. 27928 and was published in the June 1, 2005, issue of the Bulletin.)

Summary of the rule or change:

The Department is in the process of rewriting all of its rules. This provision, regarding the obligation of Department employees to report information, was in Rule R994-406 which now deals with overpayments. There are sections in Rule R994-403 which concern the obligations of employees and employers and it seemed logical to move Section R994-406-205 to this rule under Section R994-403-123. It is believed this change will make the provision easier to find.

State statutory or constitutional authorization for this rule:

Section 35A-1-104, and Subsections 35A-1-104(4) and 35A-4-502(1)(b)

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the state budget. This rule provision has always existed and is simply being moved from one rule to another rule.

local governments:

There will be no costs or savings to local governments as this proposed amendment simply moves a section of one rule and places it in another rule.

other persons:

It is not anticipated that there will be any costs or savings to any other persons by moving this section from one rule to another rule.

Compliance costs for affected persons:

The Department does not anticipate there will be any compliance costs associated with this proposed amendment because the Department is simply moving a section from one rule to another rule.

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

There will be no fiscal impact on businesses as a result of this rule change. This section concerns the obligations of Department employees to report information which may affect a claim and has always existed. Tani Downing, Executive Director

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:

07/15/2005

This rule may become effective on:

07/16/2005

Authorized by:

Tani Downing, Executive Director

RULE TEXT

R994. Workforce Services, Workforce Information and Payment Services.

R994-403. Claim for Benefits.

R994-403-123. Obligation of Department Employees.

Employees of the Department are obligated, regardless of when the information is discovered, to bring to the attention of the proper Department representatives any information that may affect a claimant's eligibility for unemployment insurance benefits or information affecting the employer's contributions.

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

[November 16, 2004]2005

Notice of Continuation June 27, 2002

35A-4-403(1)

ADDITIONAL INFORMATION

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For questions regarding the content or application06/15/2005 11:23 AMddress, 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.