Alaska Administrative Code

(a) The "average industry tax rate" as used in AS 23.20.170(b) is intended to be the most likely rate the new or newly covered employer would be assigned if he had sufficient experience to receive a rate under AS 23.20.280-23.20.310. The average industry tax rate to be assigned i…

An employing unit that has a change in ownership, management, or control, or that succeeds to or acquires all or part of another employing unit's trade or business, shall, within 15 days of that change or acquisition, notify the director in writing, on forms provided by the direc…

(a) To determine if a business was acquired or transferred solely or primarily for the purpose of obtaining a more favorable rate of contributions under AS 23.20.295 or 23.20.297, the department shall use objective factors on a case by case basis, including (1) the cost of acquir…

(a) Except as provided in (c) of this section, an employer is not eligible for a rate determination under AS 23.20.280-23.20.310 for a calendar year if, on quarters before July 1 of the preceding calendar year, (1) the employer is delinquent $100 or more in paying contributions, …

(a) For the purpose of calculating the reserve rate in AS 23.20.310(7), the "total amount available for benefits" as of September 30 preceding the rate year shall include interest accrued to the unemployment trust fund account as of that date. (b) The reserve rate shall be expres…

Notes 8 AAC 85.310 Repealed 11/7/80. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

(a) Each nonprofit organization, government entity, or federally recognized tribe that has elected to become liable for payments under AS 23.20.276, in place of making contributions, will be furnished a billing as provided in AS 23.20.277 that contains a listing of individual cla…

The director may post in each unemployment insurance claims office such rules as he determines are necessary to insure the proper, orderly, and efficient administration of the employment security program. Any claimant failing to observe these rules will, at the discretion of the …

(a) In order for the department to determine whether a requesting agency's safeguards for confidentiality of information are, at a minimum, as effective as the safeguards imposed by the department, any agency of this or another state or of the federal government requesting inform…

(a) A claimant is considered able to work if the claimant is physically and mentally capable of performing work under the usual conditions of employment in the claimant's principal occupation or other occupations for which the claimant is reasonably fitted by training and experie…

(a) A claimant who files a claim for benefits in a state that acts as an agent in taking claims for benefits held by this state shall register for work within seven days from the date the initial claim is filed and maintain the placement registration for work in accordance with t…

(a) A claimant who is required to register for work under AS 23.20 and 8 AAC 85.351 shall actively seek suitable work by performing at least one valid work search activity during each week that the claimant files for unemployment insurance benefits. (b) The division may require a…

(a) The requirements of this section apply to any period during which a claimant travels outside the customary commutable area in which the claimant resides, unless the claimant travels while exempted from availability requirements under AS 23.20.378(a) or in connection with trai…

(a) A claimant seeking an exemption granted to an ill or disabled claimant under AS 23.20.378 will, in the discretion of the division, be required to submit to the division a medical report verifying the illness or disability. A report may be required for an illness or disability…

The director may review a claimant's registration for work and availability for work at any time during the benefit year. As part of the review, the director shall consider the claimant's training, experience, length of unemployment, plan for obtaining work, barriers to reemploym…

A claimant who is attending training is available for work if (1) the claimant is not disqualified under AS 23.20.378(c); (2) the claimant is attached to the labor force and is ready and willing to immediately accept suitable full-time work for which the claimant is presently qua…

(a) A claimant is not available for work for any week in which the claimant fails to participate in reemployment services if the claimant has been determined by the director likely to exhaust regular benefits and need reemployment services, unless the claimant has (1) completed t…

In implementing AS 23.20.455(a), the department will maintain a policy manual interpreting the provisions of AS 23.20 and this chapter. Copies of the manual are available for inspection at all employment service offices and at the central office in Juneau. Notes 8 AAC 85.360 Eff.…

(a) A disqualification under AS 23.20.387 begins with the week in which the department makes the determination of disqualification, and may not exceed 52 weeks. The period of disqualification is at least six weeks for each week affected by the false statement, misrepresentation, …

The cash value of remuneration other than cash will be determined as follows: (1) the cash value of a commodity, product, or other payment in kind is the value agreed upon by the individual and his employer; if the value has not been agreed to, the cash value is the fair market v…

(a) An employee whose employer deducts and pays contributions on more of the employee's wages than are subject to deduction must apply to the employer for a refund. If a refund cannot be obtained from an employer, the employee may request assistance from the department. An employ…

(a) The director shall determine that work is suitable for a claimant if the work is in the claimant's customary occupation, or is work for which the claimant has training and experience. (b) To determine if the wages, hours, or other conditions of work offered to a claimant are …

(a) A claimant will be disqualified under AS 23.20.379(b) for refusing suitable work without good cause, or for a failure to apply for suitable work to which he was referred by the employment office, if the offer of work or referral to work was properly made. An offer of work or …

A delinquent employer who timely petitions for review of a notice of assessment under AS 23.20.220 is entitled to a waiver of the security requirement if (1) the petition includes a request for waiver of the security requirement and a sworn statement which gives the location and …

(a) An employer who makes wage payments that cause artificial peaks and declines in quarterly payroll, or whose quarterly payroll is affected by a labor dispute, may request that the director adjust the quarterly payroll in computing the quarterly decline quotient. Requests must …

(a) A tax rate determination under AS 23.20.305 and a coverage determination under AS 23.20.315 are final unless the employer files a written protest, appeal, or request for redetermination within 30 days after a determination is delivered to the employer or mailed to the employe…

(a) The effective date of a voluntary election of coverage by an employing unit is the first day of the quarter in which election of coverage is requested or the first quarter for which wages are reported and contributions paid on those wages, whichever is earlier. (b) If an empl…

(a) Excess contributions are considered unclaimed if (1) delivery of the refund through the postal service to the address of record is unsuccessful; and (2) reasonable attempts by the department to locate a current address are unsuccessful. (b) The department will promptly deposi…

Not later than June 1 of each year, the department will publish a notice providing for the disposition of excess contributions paid by employers and employees who, according to the department's records, are owed unclaimed excess contributions. The notice will be published on the …

(a) An employer or employee claiming a refund of an unclaimed excess contribution shall file the claim on a form prescribed by the department. (b) The department will consider each claim and give written notice to the employer or employee filing the claim if it is denied in whole…

(a) Within 30 days after the date of mailing of the notice of denial of refund, the employer or employee whose claim has been denied may file with the department a written request for a hearing. The request must set out the reasons for requesting a hearing and the amount the appe…

Benefits are not payable on the basis of services performed by an alien unless the alien satisfied the requirements of 26 U.S.C. 3304(a)(14) and AS 23.20.381(b) when the services were performed. Notes 8 AAC 85.510 Eff. 4/28/95, Register 134 Authority:AS 23.20.045 AS 23.20.381 Sta…

The division retains responsibility for and oversight of all Wagner-Peyser employment services provided through the one-stop job center system. Each of the following three tiers of labor exchange must be available in the system: (1) self-service; (2) facilitated self-service; (3)…

(a) The employment service focuses on providing a variety of employment related labor exchange services in one-stop job centers, including (1) job search assistance; (2) job referral; (3) placement assistance for job seekers; (4) reemployment services to unemployment insurance cl…

(a) Reemployment services funds must be used to provide reemployment services to unemployment insurance claimants through the one-stop job centers. These services are offered in addition to the usual Wagner-Peyser Act (29 U.S.C. 49) funded employment services in order to accelera…

(a) An eligible covered person has a priority of service and is given precedence over an eligible non-covered person in obtaining services. (b) If necessary, and in order to ensure the priority of service to an eligible covered person, (1) the eligible covered person will receive…

(a) The Jobs for Veterans Act (38 U.S.C. 4215) provides an emphasis on serving veterans by establishing a priority of service for veterans and certain spouses in all employment and training programs administered by the department. (b) The veteran or eligible spouse must satisfy c…

(a) If Workforce Investment Act (WIA) program funding under 29 U.S.C. 2801 - 2945 becomes 65 percent obligated, and other one-stop partner agency funding is unavailable, the director will implement the following priority of service when providing WIA program participants with int…

Subject to AS 23.15.835(d), a technical and vocational education entity seeking a grant under the Alaska technical and vocational education program established in AS 23.15.820-23.15.850 shall submit a grant application to the department. The board will consider funding for each f…

(a) A technical and vocational education program in AS 23.15.835(d) through the department shall enter into a grant agreement with the department, and those receiving funding directly from the state shall enter into a memorandum of understanding with the department each fiscal ye…

(a) Subject to the priority list required under AS 23.15.835(d) and 23.15.840(f), the board will consider the current list of programs consistent with AS 23.15.820 - 23.15.850 and capital improvements. (b) Subject to AS 15.835(d), the board will issue its list of priority conside…

Grant agreements or memoranda of understanding between the department and each technical and vocational education entity receiving funding under the Alaska technical and vocational education program in AS 23.15.835(d) must outline the program participant and financial data report…

(a) To qualify to receive a grant under AS 23.15.840, an applicant must demonstrate that, for each dollar of grant funds received, the applicant can provide a matching dollar in funds or in-kind funds. (b) To provide the match required in (a) of this section, an applicant may inc…

(a) A technical and vocational education entity that is awarded a grant under this chapter shall (1) ensure that its accounting systems and its training activities meet the applicable standards set by AS 23.15.840(a); (2) provide one or more of the program elements listed in AS 2…

In AS 23.15.820-23.15.850 and this chapter, unless the context requires otherwise, (1) "board" means the Alaska Workforce Investment Board; (2) "training" means an activity designed to instruct a participant; "training" includes classroom training, customized training, registered…

(a) As used in AS 23.15.620(a), "in-state job training" includes(1) training for program eligible residents of this state to (A) obtain new occupational skills; (B) upgrade current skills and obtain credentials that are needed to retain or obtain employment; and (C) pursue career…

(a) For the purpose of AS 23.15.636, the program will be jointly implemented by the board and department as follows: (1) the board will review and approve priorities for the program and assist in the evaluation of proposals; (2) the department is responsible for all remaining asp…