NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Workforce Services, Unemployment Insurance
Salt Lake City, UT 84145-0244
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R994-403. Claim for Benefits
B. Purpose of the new rule or reason for the change:
This rule change authorizes the Department of Workforce Services (Department) to waive a profiled claimant's participation in reemployment services in certain circumstances.
C. Summary of the new rule or change:
The Department identifies claimants who are likely to exhaust unemployment insurance benefits and requires such claimants to participate in reemployment services (profiled claimants).
This rule change allows the Department to waive participation if a profiled claimant does not receive notice of the requirement to participate, if participation will result in a hardship beyond the claimant's control, or if the claimant otherwise establishes good cause for failure to participate.
This rule change also makes nonsubstantive changes for clarification and conformity with the Rulewriting Manual for Utah.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This rule change is not expected to have any fiscal impact on state government revenues or expenditures.
There are no additional state employees or resources needed to oversee this rule change.
This rule change will not increase the Department's workload and can be carried out with existing budget.
This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures.
Local governments do not administer the Employment Security Act and this rule change requires no action or expenditure by local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures.
This rule change requires no action or expenditure by small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
This rule change is not expected to have any fiscal impact on non-small business revenues or expenditures.
This rule change requires no action or expenditure by non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This rule change is not expected to have any fiscal impact on other persons.
This rule change requires no action or expenditure by other persons and makes no changes to the requirements for establishing eligibility for unemployment insurance benefits.
F. Compliance costs for affected persons:
There are no compliance costs associated with this change.
No new fees are associated with this change.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department, Casey Cameron, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Casey Cameron, Commissioner
R994. Workforce Services, Unemployment Insurance.
R994-403. Claim for Benefits.
R994-403-109b. Profiled Claimants.
(1) The Department will:(a) use a profiling system to identify [individuals]claimants who are likely to exhaust unemployment insurance benefits[ through a profiling system]; and (b) require the identified claimants to[that they] participate in reemployment services. (2) Reemployment[These] services may include job search workshops, job placement services, counseling, testing, and assessment. [(2) In order to avoid disqualification for failure to participate in reemployment services, the claimant must show good cause for nonparticipation. Good cause is limited to circumstances where the claimant can show that the reasons for the delay in filing were due to circumstances beyond the claimant's control or were compelling and reasonable. ](3) Failure to participate in reemployment services without good cause will result in a denial of unemployment insurance benefits beginning with the week the claimant refuses or fails to attend scheduled services and continuing until the week the claimant participates in the required reemployment service. (a) To avoid disqualification for failure to participate in reemployment services, a claimant must show good cause for nonparticipation. (b) Good cause is limited to circumstances where the reasons for the failure to participate were due to circumstances beyond the claimant's control or were compelling and reasonable. (4) The Department may waive claimant participation if: (a) the Department determines the claimant was not notified that the claimant was selected to participate; or (b) participation will result in a hardship that is beyond the claimant's control to remedy. ([4]5) Some reasons [for]that establish good cause for nonparticipation may raise other eligibility issues. R994-403-112c. Available.
(1) In General[ Requirement]. (a) A[The] claimant must be available for full-time work. (b) Any restrictions on the claimant's availability, whether self-imposed or beyond the claimant's control, lessen the claimant's opportunities to obtain suitable full-time work, including:[such as] (i) lack of transportation[,]; (ii) domestic [problems,]obligations; (iii) school attendance[,]; (iv) military obligations[,]; or (v) church or civic activities[, whether self-imposed or beyond the control of the claimant, lessen the claimant's opportunities to obtain suitable full-time work]. (2) Activities Which Affect Availability.
(a) [It]The Act is not [the intent of the act]intended to subsidize activities which interfere with a claimant's immediate reemployment. (b) A claimant is not [considered ]available for work if the claimant is involved in any activity which cannot be immediately abandoned or interrupted so that the claimant can seek and accept full-time work. ([a]3) Activities Which May Result in a Denial of Unemployment Insurance Benefits. [ ]Unemployment insurance benefits may be denied under the following circumstances. (a) [For purposes of establishing weekly eligibility for benefits, a]A claimant who is engaged in an activity that prevents the claimant from working for more than one-half of the [normal ]workweek normally worked in the claimant's occupation[that would prevent the claimant from working,] is presumed to be unavailable and [therefore ]ineligible for unemployment insurance benefits.[ The normal workweek means the normal workweek in the claimant's occupation.] (b) [This]To overcome the presumption of unavailability described in Subsection (3)(a), the claimant must[can be overcome by a] show[ing]: (i) that the activity did not preclude: (A) the immediate acceptance of full-time work[,]; (B) referrals to work[,]; (C) contacts from the Department[,]; or (D) an active search for work[.]; (ii) [When]if [a]the claimant is away from [his or her]the claimant's residence and subject to Subsection 35A-4-403(3), that the claimant[but has] made arrangements to be contacted and can return quickly enough to respond to an[y] opportunity for work[, the presumption of unavailability may be overcome. The conclusion of unavailability can also be overcome in the following circumstances:]; or (iii) that the claimant satisfies one of the exceptions in Subsection (3)(c). (c)(i) Definite Offer of Work or Recall. (A) If the claimant has accepted a definite offer of full-time employment or has a date of recall [to]and will begin work within three weeks, the claimant [does]is not [have]required to demonstrate further availability except as provided in [subparagraphs]Subsections (B) and (C)[ of this section] and is not required to seek other work. (B) Because the [statute]Act requires that a claimant be able to work, if [a]the claimant is unable to work for more than one-half of any week, including due to illness or hospitalization, unemployment insurance benefits will be denied. (C) Benefits may be denied under Subsection 35A-4-403(3) if the claimant travels to a foreign country during the three-week period described in Subsection (A). (ii) Jury Duty or Court Attendance.
(A) Jury duty or court attendance is a public duty required by law and a claimant will not be denied unemployment insurance benefits if [he or she]the claimant is unavailable because [of a lawfully issued summons]the claimant was summoned to appear as a witness or to serve on a jury unless the claimant: ([A]I) is a party to the action; ([B]II) had employment which [he or she was]the claimant was unable to continue or accept because of the court service; or ([C]III) refused or delayed an offer of suitable employment because of the court service. (B) The time spent in court service is not a personal service performed under a contract of hire and [therefore ]is not considered employment. ([b]4) Activities Which Will Result in a Denial of Unemployment Insurance Benefits. Notwithstanding any other provision of this section, unemployment insurance benefits will be denied under the following circumstances.(i) [When]If a claimant refuses [any ]suitable work, even for a valid reason, the claimant is considered unavailable[. Even though the claimant had valid reasons for not accepting the work], and unemployment insurance benefits will [not ]be [allowed]denied for the week or weeks in which the work was available. (ii) Unemployment insurance [B]benefits [are also]will be denied [when]if a claimant [fails to be]is not available for job referrals or a recall [to return ]to work under reasonable conditions consistent with a previously established work relationship[. This], including[es] referral attempts from a temporary employment service, a school district for substitute teaching, or any other employer for which work is ["]on-call.["] ([ii]b) Failure to Perform [All ]Work During the Week of Separation. ([A]i) Unemployment insurance [B]benefits will be denied for the week in which separation from employment occurs if the claimant's unemployment was caused [because]by the claimant's [was not able]inability to work or [available to do his or her ]unavailability for work. [In this circumstance, there is a presumption of continued]The claimant will be presumed to be unable to work or unavailable for work [inability or unavailability ]and [an indefinite disqualification]unemployment insurance benefits will be [assessed]denied until [there is proof of]the claimant demonstrates a change in the conditions or circumstances. ([B]ii) If the claimant was absent from work during the last week of employment and the claimant was not paid for the day or days of absence, unemployment insurance benefits will be denied for that week. The claimant will be denied unemployment insurance benefits under this subsection regardless of the length of the absence. ([3]5) Hours of Availability. (a) Full-Time.
(i) Except as provided in Subsection R994-403-111c(5), [in order to meet the availability requirement, ]a claimant must be ready and willing to immediately accept full-time work. (ii) Full-time work generally means 40 hours [a]per week but may vary due to customary practices in an occupation. (iii) If the claimant was last employed less than full-time, [there is ]a rebuttable presumption arises that the claimant continues to be available for only part-time work. (b) Other Than Normal Work Hours.
(i) If the claimant worked other than normal work hours and the work schedule was adjusted to accommodate the claimant, the claimant cannot continue to limit [his or her]the claimant's hours of availability even if the claimant was working 40 hours or more per week. (ii) The claimant must be available for full-time work during normal work hours as is customary for the industry. ([4]6) Type of Work and Wage Restrictions. (a) [The]A claimant must be available for work that is [considered ]suitable based on the length of time [he or she]the claimant has been unemployed as provided in Section R994-405-306. (b) Contract Obligation. [ ]If a claimant is restricted due to a contractual obligation from competing with a former employer or accepting employment in the claimant's regular occupation, the claimant is not eligible for unemployment insurance benefits unless the claimant [can ]shows [that he or she]that the claimant: (i) is actively seeking work outside the restrictions of the noncompete contract;
(ii) has the skills [and/]or training necessary to obtain that work; and (iii) can reasonably expect to obtain that employment.
([5]7) Employer[/] and Occupational Requirements. [ ]If [the]a claimant does not have the license or special equipment required for the type of work the claimant wants to obtain, the claimant [cannot be considered]is not available for work unless the claimant is actively seeking other types of work and has a reasonable expectation of obtaining that work. ([6]8) Temporary Availability. [When](a) If a[n] [individual]claimant is limited to temporary work because of anticipated military service, school attendance, travel, church service, relocation, a reasonable expectation of recall to a former employer for which the claimant is not in deferral status, or any other anticipated restriction on the claimant's future availability, [availability is only established]the claimant is available for work only if the claimant is willing to accept and is actively seeking temporary work. (b) The claimant must [also ]show [there is ]a realistic expectation [that there is]of obtaining temporary work in the claimant's occupation, otherwise the claimant may be required to accept temporary work in another occupation. (c) Evidence of a [genuine desire]willingness to [obtain]accept temporary work may be shown by registration with [and willingness to accept work with ]temporary employment services. (a) Customary Commuting Patterns. [ ]A claimant must show reasonable access to public or private transportation, and a willingness to commute within customary commuting patterns for the occupation and community. (b) Removal to a Locality of Limited Work Opportunities.
(i) A claimant who moves from an area [where there are]with substantial work opportunities to an area of limited work opportunities must demonstrate that the new locale has work for which the claimant is qualified and which the claimant is willing to perform. (ii) If the work is so limited in the new locale that [there is little expectation ]the claimant [will]is unlikely to be[come] reemployed, the continued unemployment is the result of the move and not the failure of the labor market to provide employment opportunities. [In that case, t]The claimant [is]will be considered to have [removed himself or herself]withdrawn from the labor market and is not [longer ]eligible for unemployment insurance benefits. (a) A claimant attending school who has not been granted Department approval for a deferral must still [meet all requirements of being]be able to work[and], available for work, and [be ]actively seek[ing] work. (b) [Areas that need to be examined w]When making an eligibility determination with respect to a claimant attending school[student], the Department will evaluate [include reviewing a]the claimant's work history while attending school[, coupled with his or her] and the claimant's efforts to secure full-time work. (c) If the claimant's hours of school attendance conflict with the claimant's established work schedule or with the customary work schedule for the occupation in which the claimant is seeking work, a rebuttable presumption [is established]arises that the claimant is not available for full-time work and unemployment insurance benefits will generally be denied.(d) An announced willingness [on the part of]by a claimant to discontinue school attendance or change [his or her]the claimant's school schedule, if necessary, to accept work must be weighed against the time already spent in school as well as the financial loss the claimant may incur if [he or she]the claimant were to withdraw. ([b]e)(i) A presumption of unavailability [may also be raised]arises if a claimant moves[, for the purpose of] to attend[ing] school[,] from an area with substantial labor market opportunities to a labor market with more limited opportunities. (ii) [In order t]To overcome this presumption, the claimant must demonstrate [there is ]full-time work is available in the new area which the claimant could reasonably expect to obtain. ([9]11) Employment of Youth. [ ]The Department shall consider the limitations of Title 34, Chapter 23, Employment of Minors, when determining whether a minor is available for work[ of the Utah Code imposes limitations on the number of hours youth under the age of 16 may work. The following limitations do not apply if the individual has received a high school diploma or is married. Claimants under the age of 16 who do not provide proof of meeting one of these exceptions are under the following limitations whether or not in student status because they have a legal obligation to attend school. Youth under the age of 16 may not work: (a) during school hours except as authorized by the proper school authorities; (b) before or after school in excess of 4 hours a day; (c) before 5:00 a.m. or after 9:30 p.m. on days preceding school days; (d) in excess of 8 hours in any 24-hour period; or (e) more than 40 hours in any week]. ([10]12) Domestic Obligations. [ When]If a claimant has an obligation to care for children or other dependents, the claimant must show that arrangements for the care of those individuals have been made for all hours that are normally worked in the claimant's occupation[ and must show a good faith, active work search effort]. R994-403-113c. Work Search.
(1) In General[ Requirements]. (a) [Unless the claimant qualifies for a work search deferral pursuant to R994-403-108b, a]A claimant must make an active, good faith effort to secure employment each [and every ]week for which unemployment insurance benefits are claimed, unless the claimant qualifies for a work search deferral under Section R994-403-108b. (b) The Department will evaluate a claimant's efforts[Efforts] to find work [must be judged ]by the standards of the claimant's occupation and [the ]community. (2) Active.
(a) An active effort to [look for work]secure employment means [that ]the claimant must make a minimum of four new job contacts each week unless[ the claimant is] otherwise directed by the [unemployment division]Department. (b) Th[os]e claimant's job contacts [should]must be made with employers that hire people in the claimant's occupation or occupations for which the claimant has work experience or would otherwise be qualified and willing to accept employment. (c) If the claimant fails to make four new job contacts during the first week filed, involvement in job development activities that are likely to result in employment will be accepted as reasonable, active job search efforts. (3) Good Faith.
(a) "Good faith effort"[s are defined as those methods which] means taking the actions a reasonable person, anxious to return to work, would take to secure[make if desirous of obtaining] employment. (b) A good faith effort extends beyond [simply ]making a specific number of contacts to satisfy the Department requirement. R994-403-114c. Claimant's Obligation to Prove Weekly Eligibility.
(1) For each week for which unemployment insurance benefits are claimed, the claimant has the burden of establishing the claimant's eligibility to receive benefits. (2) For each week, [T]the claimant must: ([1]a) [has the burden of proving that he or she is]prove the claimant is able to work, available for work, and actively seeking full-time work[:]; ([2]b) [must ]report any information that [might]may affect the claimant's eligibility; ([3]c) [must ]provide any information requested by the Department which is required to establish eligibility; ([4]d) [must ]immediately notify the Department if the claimant is incarcerated; and ([5]e) [must ]keep a detailed record of [his or her]the claimant's weekly job contacts so [that ]the Department can verify the contact[ at any time] for an audit or eligibility review, including[. A detailed record includes the following information]: ([a]i) the date of the contact[,]; ([b]ii) the name of the employer or other identifying information such as a job reference number[,]; ([c]iii) employer contact information such as the employer's mailing address, phone number, email address, or website[ address], and name of the person contacted if available[,]; ([d]iv) details of the position[ for which the claimant applied,]; ([e]v) method of contact[,]; and ([f]vi) results of the contact. R994-403-115c. Period of Ineligibility.
(1) Eligibility for unemployment insurance benefits is established on a weekly basis. (2) If the Department determines[has determined] that [the]a claimant is not able to work or available for work, and it appears the circumstances will likely continue, the Department shall deny unemployment insurance benefits until[an indefinite disqualification will be assessed, and] the claimant [must ]requalifies[y] by showing [that he or she]the claimant is able to work and available for work, and is making an active, good faith effort to secure employment.([2]3)(a) The Department will require a claimant to provide proof of work search activities [I]if the Department: (i) [has reason to ]believes [a]the claimant has not made a good faith effort to [seek work,]secure employment; or (ii) the Department is performing an [routine ]audit of a claim[,]. (b) [t]The Department [can only]may require [that ]the claimant to provide proof of work search activities for only the four weeks immediately preceding the Department's request. (i) [However, i]If the claimant admits [he or she]the claimant did not complete the work search activities required under this rule, the Department [can]may disqualify a claimant for more than four weeks. (ii) The claimant will be disqualified for [any]each week [during]for which [he or she]the claimant fails to provide the information required under Subsection R994-403-114c([5]2)(e). ([3]4) If the Department seeks verification of a job contact from an employer, the claimant will [only ]be disqualified if the employer provides clear and convincing evidence that [there was no]the claimant did not make the reported contact. ([4]5) The [claimant will be disqualified for all weeks in which it is discovered that the]Department will deny unemployment insurance benefits to a claimant for each week in which the claimant [was]is not able or available to accept work, without regard to the four-week limitation described in Subsection (3). KEY: filing deadlines, registration, student eligibility, unemployment compensation
Date of Last Change: 2026[May 1, 2019] Notice of Continuation: March 22, 2023
Authorizing, and Implemented or Interpreted Law: 35A-4-403(1)
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