Chapter 3. DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE

Notes Ariz. Admin. Code § R6-3-1203 Former Rule 3-1302; Former Section R6-3-1203 repealed, new Section R6-3-1203 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-1203 recodified to A.A.C. R6-13-1203 effective February 13, 1996 (…

Notes Ariz. Admin. Code § R6-3-1204 Former Rule 3-1303; Former Section R6-3-1204 repealed, new Section R6-3-1204 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-1204 recodified to A.A.C. R6-13-1204 effective February 13, 1996 (…

Notes Ariz. Admin. Code § R6-3-1206 Former Rule 3-1305; Former Section R6-3-1206 repealed, new Section R6-3-1206 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-1206 repealed, new Section R6-3-1206 adopted effective June 15, 1978 (Supp. 78-3). Former Section R6…

Notes Ariz. Admin. Code § R6-3-1207 Former Rule 3-1306; Former Section R6-3-1207 repealed, new Section R6-3-1207 adopted effective March 26, 1976 (Supp. 76-2). R6-3-1207 recodified to A.A.C. R6-13-1207 effective February 13, 1996 (Supp. 96-1).

Notes Ariz. Admin. Code § R6-3-1208 Former Rule 3-1307; Former Section R6-3-1208 repealed, new Section R6-3-1208 adopted effective March 26, 1976 (Supp. 76-2). Amended effective June 9, 1978 (Supp. 78-3). Former Section R6-3-1208 repealed, new Section R6-3-1208 adopted as an emer…

Notes Ariz. Admin. Code § R6-3-1209 Former Rule 3-1308; Former Section R6-3-1209 repealed, new Section R6-3-1209 adopted effective March 26, 1 976 (Supp. 76-2). R6-3-1209 recodified to A.A.C. R6-13-1209 effective February 13, 1996 (Supp. 96-1).

Notes Ariz. Admin. Code § R6-3-1210 Former Rule 3-1309; Former Section R6-3-1210 repealed, new Section R6-3-1210 adopted effective March 26, 1976 (Supp. 76-2). R6-3-1210 recodified to A.A.C. R6-13-1210 effective February 13, 1996 (Supp. 96-1).

Notes Ariz. Admin. Code § R6-3-1211 Former Rule 3-1310; Former Section R6-3-1211 repealed effective March 26, 1976 (Supp. 76-2). New Section R6-3-1211 adopted effective October 13, 1977 (Supp. 77-5). R6-3-1211 recodified to A.A.C. R6-13-1211 effective February 13, 1996 (Supp. 96-…

Notes Ariz. Admin. Code § R6-3-1212 Former Rule 3-1311; Former Section R6-3-1212 repealed, new Section R6-3-1212 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-1212 recodified to A.A.C. R6-13-1212 effective February 13, 1996 (…

Notes Ariz. Admin. Code § R6-3-1213 Former Rule 3-1312; Former Section R6-3-1213 repealed, new Section R6-3-1213 adopted effective March 26, 1976 (Supp. 76-2). R6-3-1213 recodified to A.A.C. R6-13-1213 effective February 13, 1996 (Supp. 96-1).

The following definitions apply in A.R.S. Title 23, Chapter 4 (A.R.S. § 23-601 et seq.) and in Articles 13 through 18 and 50 through 56 of this Chapter unless the context otherwise requires: 1. "Agent State" means a state in which an individual files a claim for benefits against …

A. In the administration of the unemployment insurance program, the Department shall not discriminate against any claimant or employer because of age, race, sex, color, religious creed, national origin, handicap, disability, or political affiliation or belief. B. The Department s…

A. Information obtained from employer reports and investigations of claims for unemployment insurance benefits is strictly confidential and shall not be published or disclosed to others except as permitted by authorized personnel within the strict limitations hereinafter stated: …

A. Except as otherwise provided by statute or by Department regulation, any payment, appeal, application, request, notice, objection, petition, report, or other information or document submitted to the Department shall be considered received by and filed with the Department:1. If…

A. Shared Work Plans1. Participation. The Department shall not permit an employee to participate concurrently in more than 1 shared work plan. 2. Amendment. Upon written request by the shared work employer, the Department shall: a. Approve the transfer of an eligible employee fro…

A. Scope and definitions. 1. This rule governs the Department in its administrative cooperation with other states participating in the Interstate Reciprocal Coverage Arrangement ("the Arrangement"). 2. In this rule: a. "Agency" means a person or entity lawfully authorized to admi…

A. An interested party to a benefit or chargeability determination is: 1. A claimant whose right to benefits is affected; 2. A claimant's most recent employing unit or employer, or any base-period employer, if the employer:a. Returns the Department's Notice to Employer, with a si…

A. As used in A.R.S. § 23-793: 1. A "full-time equivalent" means the number of hours in the employing unit's normal work week the employing unit considers a full-time work week, or 40 hours, whichever is less. 2. "1-year period prior to such slowdown" means the 52 completed calen…

Notes Ariz. Admin. Code § R6-3-1501 Former Regulation 20-5; Amended effective February 15, 1978 (Supp. 78-1). Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former Section R6-3-1501 amended effective February 7…

A. The Board or a hearing officer in the Department's Office of Appeals may informally dispose of an appeal or petition without further appellate review on the merits: 1. By withdrawal, if the appellant withdraws the appeal in writing or on the record at any time before the decis…

AFiling an appeal. Any interested party to a determination of a Deputy may appeal to an Appeal Tribunal within the time limits listed in A.R.S. § 23-773(B). The appellant may file the appeal personally, or by mail, fax, telephone, or Internet. 1 If the appellant files the appeal …

A. Petition for review. 1. Any appeal will be entertained. An interested party to an Appeal Tribunal decision may petition for review of the decision. Petition for review may be based upon one or more of the following grounds:a. Irregularity on part of presiding officer or other …

A. Acting Member. If a Board member is unable, for any reason, to participate in a case or cases, upon request of the Chairperson of the Appeals Board, the Director shall appoint an individual to act for the member. B. Waiver of Bond on Filing of Appeals. When an appeal is taken …

A. This rule applies to petitions for review and appeals arising under A.R.S. §§ 23-724, 23-732, 23-733, and 23-750. B. Petition for hearing or review 1. Any interested party to a reconsidered determination or a denial of application for reconsidered determination or a petition f…

A. This rule applies to appeals from determinations released under A.R.S. § 23-673. B. Filing of appeal. Any interested party to a determination of a deputy denying or awarding benefits under the provisions of A.R.S. § 23-777 for unemployment due to a labor dispute may file an ap…

In conformity with sections 23-701, 23-702, 23-703 and 23-704 of the Employment Security Law of Arizona, transfers and refunds of funds from the Unemployment Compensation Fund -- Clearing Account shall be made by warrant issued by the Department only for the following purposes: A…

A. An employer shall ascertain the Social Security account number of each worker in employment with the employer. B. The employer shall report the worker's Social Security account number in making any report required by the Department in the administration of the Employment Secur…

A. Each employing unit, as defined in A.R.S. § 23-614, including any employing unit which considers that it is not an employer subject to the Act or that services performed for it constitute exempt employment or do not constitute employment, shall establish and preserve true and …

A. General. Each employing unit shall fully and clearly report to the Department any information required in a manner designated by the Department. Unless otherwise specified, the information shall be returned within 10 days after the date of mailing of a request required to be r…

A. Received date. If any due date prescribed in this regulation falls on a Saturday or Sunday, or a legal holiday, the due date shall be the next following business day. Quarterly reports, contributions, and payments in lieu of contributions, if mailed, shall be considered as rec…

A. "Wages paid" includes both wages actually received by the worker and wages constructively paid. Wages are constructively paid when they are credited to the account of or set apart for an employee so that they may be drawn upon by him at any time although not then actually rece…

Section 23-615 of the Employment Security Law of Arizona provides that: "`Employment' means any service of whatever nature performed by an employee for the person employing him, . . ." In conformity with this section, the Department of Economic Security prescribes: A. If 1/2 or m…

A. In conformity with A.R.S. §§ 23-727, 23-773, and 23-777, the Department of Economic Security prescribes: B. When the Department establishes a benefit overpayment, the Department shall proportionately credit the amount of the overpayment to the experience rating accounts of the…

A. As used in A.R.S. § 23-727(E) and A.A.C. R6-3-1708(E), the phrase "to the same extent," means: 1. When applied to an employee who is not paid by commissions, that the weekly wages earned in part-time employment during the weeks of a calendar quarter in which benefits are claim…

Section 23-727 of the Employment Security Law of Arizona requires the Department to maintain an account for each employer and to make appropriate charges and credits to the account. Section 23-732 of the Employment Security Law of Arizona provides for annual notice to the employe…

A. An employer whose account has been chargeable for benefits throughout the twelve month period immediately preceding the July 1 computation date shall receive a computed rate for the following calendar year as prescribed in A.R.S. § 23-730. B. The term chargeable means that an …

A. Joint experience rating accounts 1. Joint experience rating account means a combined experience rating account established for 2 or more employers owned or controlled directly or indirectly by the same interests. 2. Employers may request establishment of a joint experience rat…

A. General 1. The manner in which an organization, trade or business is acquired or succeeded to is not determinative of successor status. A business may be acquired or succeeded to "in any manner" which includes, but is not limited to, acquisition by purchase, lease, repossessio…

A. The fund means the Unemployment Compensation Trust Fund which shall include: 1. Funds which have been credited to the Trust Fund by the United States Treasury under the Employment Security Administrative Financing Act of 1954 (Reed Bill) on or before July 31 and which have not…

Section 23-726 of the Employment Security Law of Arizona provides for an employer to make voluntary payments in addition to required contributions, which are credited to his account and included in the computation of the employer's experience rate. In conformity with this section…

A. Reimbursement for benefits paid. The amount of benefits chargeable against or reimbursable from each base-period employer shall bear the same ratio to the total benefits paid to an individual as the base-period wages paid to the individual by the employer bear to the total amo…

A. When a contribution overpayment has been established within the statutory period provided by section 23-742, the Department may credit the employing unit's account or, in its discretion, refund the overpayment provided the employing unit has no report delinquency or balance du…

A. Direct sellers. This subsection governs the determination of whether employment is exempt under A.R.S. § 23-617(22). 1. "Consumer goods" means tangible personal property normally used for personal, family, or household purposes, including property meant to be attached to or in…

A. If an employer alleges a reconsider determination issued in accordance with subsection (F) of A.R.S. § 23-724, or subsection (A) of A.R.S. § 23-732, is defective and so specifies in writing within the appeal period specified by law, the Department shall review its reconsidered…

A. "Casual labor" means service not in the course of the employing unit's trade or business performed by an employee in any calendar quarter in which: 1. Cash remuneration paid for such service is less than $50; and 2. The services are performed by an individual who is not regula…

A. "Employee" means any individual who performs services for an employing unit, and who is subject to the direction, rule or control of the employing unit as to both the method of performing or executing the services and the result to be effected or accomplished. Whether an indiv…

A.R.S. § 23-617 exempts from employment services performed by individuals as insurance, real estate, security and cemetery salesmen, if compensated solely by way of commission. 1. Special compensation plans or agreements such as the following are not commissions: Stabilized earni…