Administrative Rule Review Report AR07-003
Legislative Service Office
2-Mar-07
AGENCY: Department of Employment, Unemployment Insurance Commission.
DATE SUBMITTED: January 9, 2007.
SUBJECT: Chapters 1 through 33, Unemployment Insurance.
NATURE OF RULES: Legislative and Procedural.
STATUTORY AUTHORITY: W.S. 27-3-602(b).
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION
SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.
SUMMARY OF RULES:
Chapter 1. The amendment Section 3 adds the words "AND CONSTRUCTION OF RULES" to the chapter title to reflect the subject of the new section.
Chapter 2. Chapter 2, Section 1 contains definitions of certain words or terms used in the Wyoming Employment Security Law (WESL) and the Rules. The amendments to this chapter clarify and amend the definitions.
Chapter 6. Chapter 6 deals with computing time limits and determining when documents are filed or payments made. The amendment to Section 1(d) allows claimants to file protests and claims by using the division's approved web site and establishes when a protest or claim is filed.
Chapter 9. Chapter 9 deals with contributions by employers. The amendment to Section 7 addresses the ability to file reports by electronic means or on paper forms. The option to file reports using an interactive voice response system is deleted. The amendment to Section 10(b) removes limiting language, thus allowing for the application of a surcharge to all types of dishonored payment.
Chapter 11. Chapter 11 deals with records and reports. The amendments to this chapter add a new section dealing with inspections to verify employing units' compliance with WESL. The title of the chapter is being amended to add the word "INSPECTIONS." The proposed amendment to Section 2 adds a new section entitled "Inspections." Section 2(a) is added to clarify the manner in which the division conducts inspections in order to verify an employing unit's compliance with WESL. Section 2(b) is added to clarify an employing unit's responsibilities related to an audit and provides support for an auditor's determination of wages when inadequate information is provided by an employing unit. It establishes that the burden of proof in wage disputes during an audit is on the employing unit. The amendment to Section 3(a) adds the word "electronic" to eliminate the use of alternate paper reporting options and allow for electronic reporting.
Chapter 12. Chapter 12 deals with termination of accounts. The amendment adds a new Section 3 titled "Closure of Employer Account by the Division." which gives the division discretionary authority to close an employer account when available information justifies such action.
Chapter 18. Chapter 18 deals with major industrial classifications. The amendments to Section 1 and 3 deletes wording which refers to the Standard Industrial Classification (SIC) coding system. The amendment to Section 2 clarifies who assigns industrial classification for the Unemployment Insurance Program and what effect that assignment has.
Chapter 20. Chapter 20 deals with claims for benefits. The amendment adds a new Section 7, consisting of subsections (a), (b) and (c). This amendment allows the division to make payments to claimants by using several methods including debit cards, direct deposits and any other technology that may be developed in the future. The amendment adds a new Section 8, consisting of subsections (a) and (b). This amendment establishes that a personal identification number (PIN) is confidential, is necessary to perform any transactions on a division approved electronic or telephonic device and holds the claimant responsible for information provided the division if the claimant knowingly allows another person to use the PIN.
Chapter 23. Chapter 23 deals with the effect of payments received. The amendment adds a new Section 2 titled "Severance Payment, Termination Allowance, Sick Pay or Earned Vacation." It adds new subsection lettered "(a)" which clarifies the allocation of severance, termination, sick pay and vacation pay when received in the same week but when each individual payment is less than the claimant's weekly benefit amount.
Chapter 24. Chapter 24 deals with registration for work and able, available and actively seeking work status. The amendment adds a new sentence to Section 3 which allows an individual to be job attached with an employer when he has worked for that employer, earned 50% or more of qualifying wage credits with that employer while working all hours possible, but less than thirty five hours per week, and will be returning to work for the employer for the same number of hours.
Chapter 30. Chapter 30 deals with hearing on employer liability. The amendment to Section 1(a) clarifies that an employer may appeal a liability determination resulting from an audit and adds the delivery methods to employers of audit findings for appeal purposes. The amendment to Section 1(c) clarifies the type of determination that may be objected to and makes it consistent with the chapter title.
Chapter 31. Chapter 31 deals with appeals hearings. The amendment to Section 8 clarifies that the division has the right to investigate records, for an audit or for other purposes, to determine proper compliance with the WESL.
Chapters 1 through 33 contain non-substantive amendments. These amendments are being made for housekeeping purposes or to comply with the Unemployment Insurance Commission's most recent policy statement regarding the use of gender neutral language in the rules where possible.
FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the agency.
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Matthew D. Obrecht
Staff Attorney
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Dan J. Pauli
Director
MDO/