This filing was published in the 09/15/2008, issue, Vol. 2008, No. 18, of the Utah State Bulletin.
Workforce Services, Unemployment Insurance
Cancellation of Claim
NOTICE OF PROPOSED RULE
DAR File No.: 31905
Filed: 08/28/2008, 03:23
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to ensure consistency in counting wages from an employer when the claimant was discharged for a crime in connection with employment.
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 adopting this change to prohibit the cancellation of a claim when the monetary ineligibility was due to a discharge in connection with a crime.
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 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 employers 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.
R994-403. Claim for Benefits.
R994-403-102a. Cancellation of Claim.
(1) Once a weekly claim has been filed and the claimant has been deemed monetarily eligible, the claim is considered to have been established, even if no payment has been made or waiting week credit granted. The claim then remains established for 52 weeks during which time another regular claim may not be filed against the state of Utah unless the claim is canceled.
(2) A claim may be canceled if the claimant requests that the claim be canceled and one of the following circumstances can be shown:
(a) no weekly claims have been filed;
(b) cancellation is requested prior to the issuance of the monetary determination;
(c) the request is made within the same time period permitted for an appeal of the monetary determination and the claimant returns any benefits that have been paid;
(d) the claimant had earnings, severance, or vacation payments equal to or greater than the WBA applicable to all weeks for which claims were filed;
(e) the claimant meets the eligibility requirements for filing a new claim following a disqualification due to a strike in accordance with the requalifying provisions of Subsection 35A-4-405(4)(c);
(f) the claimant meets the requirements for cancellation established under the provisions for combined wage claims in R994-106-107; or
(g) the claimant has filed an unemployment compensation for ex-military (UCX) claim, and it is determined the claimant does not have wage credits under Title 5, chapter 85, U.S. Code.
KEY: filing deadlines, registration, student eligibility, unemployment compensation
Date of Enactment or Last Substantive
November 15, 2007]
Notice of Continuation: June 26, 2007
Authorizing, and Implemented or Interpreted Law: 35A-4-403(1)
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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