This filing was published in the 09/15/2008, issue, Vol. 2008, No. 18, of the Utah State Bulletin.
Workforce Services, Unemployment Insurance
Cancellations Not Allowed
NOTICE OF PROPOSED RULE
DAR File No.: 31904
Filed: 08/28/2008, 03:10
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to prevent a claimant from canceling his or her claim and filing at a later date after a discharge in connection with a crime.
Summary of the rule or change:
If the reason for discharge is the employee committed a crime in connection with the employment, the wages from that employer cannot be used to establish eligibility. If the employee files a claim and is found monetarily ineligible because of the discharge in connection with a crime, under the current rule the employee could cancel the claim and refile when the disqualification period is over. To ensure consistency, the Department is making this change to prohibit the cancellation of a claim when the monetary ineligibility was due to a discharge in connection with a crime. This added section mirrors a proposed amendment to Section R994-403-102a also filed today. (DAR NOTE: The proposed amendment to Section R994-403-102a is under DAR No. 31905 in this issue, September 15, 2008, of the Bulletin.)
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:
This is a federally-funded program so there are no costs or savings to the state budget.
This is a federally-funded program so there are no costs or savings to any local government.
small businesses and persons other than businesses:
There are no costs or savings to any other persons or small businesses as there are no fees associated with this program and it is federally funded.
Compliance costs for affected persons:
There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact any employer's contribution rate.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employers contribution tax rate. Kristen Cox, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Workforce Services
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 firstname.lastname@example.org
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:
This rule may become effective on:
Kristen Cox, Executive Director
R994. Workforce Services, Unemployment Insurance.
R994-405. Ineligibility for Benefits.
KEY: unemployment compensation, employment, employee's rights, employee termination
Date of Enactment or Last Substantive
November 15, 2007]
Notice of Continuation: June 26, 2007
Authorizing, and Implemented or Interpreted Law: 35A-4-502(1)(b); 35A-1-104(4); 35A-4-405
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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 email@example.com
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.
Last modified: 09/11/2008 1:36 PM