DAR File No. 31970

Workforce Services, Unemployment Insurance

R994-403-114c

Claimant's Obligation to Prove Weekly Eligibility

NOTICE OF PROPOSED RULE

DAR File No.: 31970
Filed: 09/29/2008, 01:39
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to require notification of incarceration.

Summary of the rule or change:

The Department has had several claims where weekly claims are filed by or on behalf of claimants who are in jail. Because the claimant is not eligible, when the Department learns of the incarceration, the Department establishes an overpayment. Claimants have defended against the overpayment by saying they did not file the weekly claims. The Court of Appeals overturned an overpayment under these circumstances. The Department believes the claimant either filed the weekly claims himself or herself or asked someone to do it for the claimant. Because benefits are issued on a debit card, it is difficult to prove who made the claims or spent the money. If a claimant is required to notify us of his or her incarceration, the Department will immediately stop all unemployment benefits.

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 and there will be no costs or savings to the state budget.

local governments:

This is a federally-funded program and there will be no costs or savings to any local government.

small businesses and persons other than businesses:

This is a federally-funded program and there will be no costs or savings to any small business or other persons. Because the Department always established these claims as fraud prior to the Court of Appeals case, there will be no savings to employers.

Compliance costs for affected persons:

This is a federally-funded program and there will be no costs or savings to any affected persons as there are no fees associated with this program or this change.

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
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

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:

11/14/2008

This rule may become effective on:

11/21/2008

Authorized by:

Kristen Cox, Executive Director

R994.  Workforce Services, Unemployment Insurance.

R994-403.  Claim for Benefits.

R994-403-114c.  Claimant's Obligation to Prove Weekly Eligibility.

The claimant:

(1)  has the burden of proving that he or she is able, available, and actively seeking full-time work:

(2)  must report any information that might affect eligibility;

(3)  must provide any information requested by the Department which is required to establish eligibility;[ and]

(4)  must keep a detailed record of the employers contacted, as well as other activities that are likely to result in employment for each week benefits are claimed; and

(5)  must immediately notify the Department if the claimant is incarcerated.

 

KEY:  filing deadlines, registration, student eligibility, unemployment compensation

Date of Enactment or Last Substantive Amendment:  [November 15, 2007]2008

Notice of Continuation:  June 26, 2007

Authorizing, and Implemented or Interpreted Law:  35A-4-403(1)