DAR File No. 28610

Workforce Services, Unemployment Insurance

R994-508-102

Time Limits for Filing an Appeal from an Initial Department Determination

NOTICE OF PROPOSED RULE

DAR File No.: 28610
Filed: 04/12/2006, 04:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change the definition of "filed" for appeals.

Summary of the rule or change:

Our federal partners have started to calculate timely issuance of decisions differently. Because our current definition of "filed" uses the postmark date, instead of the received date, Utah is disadvantaged when determining time lapse between the date the appeal is filed and the date the appeal decision is issued. This change is necessary to meet new federal time lapse calculations. It also makes the definition of "filed" consistent throughout the program and with the courts.

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 is a federally-funded program and there are no costs to the state.

local governments:

There will be no costs to local governments. This is a federally-funded program and there are not costs to local government.

other persons:

The Department has determined there will be no costs associated with this rule change. As the amendment simply changes the manner in which the time lapse is calculated, no additional requirements are placed upon persons filing an appeal.

Compliance costs for affected persons:

The Department has determined there will be no costs associated with this rule change. As the amendment simply changes the manner in which the time lapse is calculated, no additional requirements are placed upon persons filing an appeal.

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

There will be no fiscal impact on businesses in Utah. 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:

05/31/2006

This rule may become effective on:

06/01/2006

Authorized by:

Tani Downing, Executive Director

RULE TEXT

R994. Workforce Services, Unemployment Insurance.

R994-508. Appeal Procedures.

R994-508-102. Time Limits for Filing an Appeal from an Initial Department Determination.

(1) If the initial Department determination was delivered to the party, the time permitted for filing an appeal is ten calendar days. "Delivered to the party" means personally handed, faxed, or sent electronically to the party. If the determination was sent through the U.S. Mail, an additional five calendar days will be added to the time allowed for an appeal from the initial Department determination. Therefore, the amount of time permitted for filing an appeal from any initial Department determination sent through the U.S. Mail is fifteen calendar days unless otherwise specified on the decision.

(2) In computing the period of time allowed for filing an appeal, the date as it appears in the determination is not included. The last day of the appeal period is included in the computation unless it is a Saturday, Sunday, or legal holiday when Department offices are closed. If the last day permitted for filing an appeal falls on a Saturday, Sunday, or legal holiday, the time permitted for filing a timely appeal will be extended to the next day when Department offices are open.

(3) [An appeal sent through the U.S. Mail is considered filed on the date shown by the postmark. If the postmark date cannot be established because it is illegible, erroneous, or omitted, the appeal will be considered filed on the date it was mailed if the sender can establish that date by competent evidence and can show that it was mailed prior to the date of actual receipt. If the date of mailing cannot be established by competent evidence, the appeal will be considered filed on the date it is actually received by the Appeals Unit as shown by the Appeals Unit's date stamp on the document or other credible evidence such as a written notation of the date of receipt. "Mailed" in this subsection means taken to the post office or placed in a receptacle which is designated for pick up by an employee who has the responsibility of delivering it to the post office.]The filing date is the date the appeal is received by the Department as shown by the Department's date stamp on the document or other credible evidence such as a written or electronic notation of the date of receipt, and not the post mark date from the post office. If the appeal is faxed the date of receipt is the date recorded on the fax. If an appeal is faxed or filed via the Internet, the appeal must be received by midnight on the due date to be considered timely.

KEY: unemployment compensation, appellate procedures

Date of Enactment or Last Substantive Amendment: [September 29, 2005]2006

Notice of Continuation: June 11, 2003

Authorizing, and Implemented or Interpreted Law: 35A-4-508(2); 35A-4-508(5); 35A-4-508(6); 35A-4-406; 35A-4-103

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.