DAR File No. 29959

Workforce Services, Unemployment Insurance

R994-401

Payment of Benefits

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29959
Filed: 05/17/2007, 04:11
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-4-401 provides: "All benefits shall be paid through the employment offices or other agencies designated by the division in accordance with the rules the department may prescribe in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act." 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.

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:

This rule was completely rewritten in the summer of 2006 to ensure that it complies with law and Department practice. It is necessary to define terms in the statute and Department practice like determining when a benefit week starts and earnings necessary for eligibility. It is also necessary to effectuate the statutory requirement that the Department pass rules to prescribe how and when benefits are paid. 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