DAR File No. 29954

Workforce Services, Unemployment Insurance

R994-102

Employment Security Act, Public Policy and Authority

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29954
Filed: 05/16/2007, 05:22
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:

Section 35A-4-102 sets forth the public policy considerations of the Employment Security Act and the creation, under the state's police power, of free public employment offices and the setting aside of reserves for the payment to unemployed individuals. 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. The Utah Court of Appeals has repeatedly held that the Act should be liberally construed in favor of granting benefits because it is remedial in nature.

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:

The rule is necessary to explain the provisions of statute and settled case law concerning the Employment Security Act. 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 spixton@utah.gov

Authorized by:

Kristen Cox, Executive Director