Chapter 3. DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE

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 s…

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…

Historical Note 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, 1980 (Supp. 80-1).…

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…

A. Filing 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 appe…

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…

Historical Note Former Rule 10-3; Amended effective January 3, 1975 (Supp. 75-1). Repealed effective August 3, 1978 (Supp. 78-4).

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…

Historical Note Former Regulation 40-11; Repealed effective August 23, 1984 (Supp. 84-4).

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…

Historical Note Adopted effective October 20, 1978 (Supp. 78-5). Repealed effective December 2, 1983 (Supp. 83-6).

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…

Historical Note Adopted effective September 23, 1980 (Supp. 80-5). Repealed effective December 20, 1995 (Supp. 95-4).

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…

A. Any tip, gratuity or service charge received by or for an employee in the course of employment from persons other than the employing unit shall be considered wages if: 1. The tip, gratuity, or service charge is received on or after January 1, 1986, and is reported by the emplo…

A. The money value of board or lodging, or both, furnished a worker shall be the reasonable cash value thereof as determined by the Department. In arriving at the reasonable cash value, the Department shall consider the cost to persons other than the employee of similar goods and…

Historical Note Former Regulation 10-2; Former Section R6-3-1801 repealed, new Section R6-3-1801 adopted effective December 17, 1981 (Supp. 81-6). Repealed effective December 2, 1983 (Supp. 83-6).

Historical Note Former Regulation 30-1; Amended effective March 11, 1977 (Supp. 77-2). Amended effective May 21, 1979 (Supp. 79-3). Amended effective March 5, 1981 (Supp. 81-2). Repealed effective December 20, 1995 (Supp. 95-4).

A. When the claimant files a claim to establish a benefit year, the Department shall prepare a statement showing the claimant’s weekly benefit amount, total benefits, base-period wages, and benefit year. Prior to the expiration of the benefit year, the claimant may protest the st…

Historical Note Former Regulation 10-3; Repealed effective August 3, 1978 (Supp. 78-4). New Section R6-3-1804 adopted effective March 26, 1979 (Supp. 79-2). Section repealed effective July 22, 1997 (Supp. 97-3).

Historical Note Former Regulation 30-11; Amended effective August 19, 1981 (Supp. 81-4). Section repealed effective July 22, 1997 (Supp. 97-3).

Under A.R.S. § 23-644, the Department shall participate in the Interstate Benefit Payment Plan and shall act as the agent for the other states and Canada who subscribe to the Plan. Historical Note Former Regulation 30-4; Amended effective December 17, 1975 (Supp. 75-2). Section r…

Historical Note Former Regulation 30-5. Section repealed effective July 22, 1997 (Supp. 97-3).

A. Pension Defined. Pension, as used in A.R.S. §§ 23-791 and 23-624, does not include survivor’s benefit payments or other periodic payment which bears no direct relationship to the level of prior remuneration or the length of past employment of the claimant. B. Weekly Deduction.…

A. Approved training under A.R.S. § 23-771.01 includes vocational training or academic courses that provide a claimant the opportunity to achieve reemployment through the development of the claimant’s skills and abilities. 1. A claimant is “in training with the approval of the de…

A. The Department shall apply the definitions of wages in R6-3-1705 for requalification under this Section. B. In determining whether a claimant has earned sufficient wages to requalify under A.R.S. §§ 23-634.01, 23-771(A)(7), 23-775(1), (2), or 23-776(A), the following shall app…

A. When a statutory revision of the Arizona Employment Security Law requires UI benefits (awards and unpaid balances) to be redetermined for claims with a benefit year current as of the effective date of the revision (law revision date) and requires payments for weeks beginning o…

A. Interest will be computed in accordance with the provisions of A.R.S. § 44-1201 on the last day of each calendar month on all outstanding unemployment insurance overpayments with the following exceptions: 1. No interest shall be computed on any overpayment established during t…

A. As used in A.R.S. § 23-787(D), the phrase “no reasonable attempt” means: 1. At least 12 months have elapsed since the Department established the overpayment and issued the most recent benefit payment; and 2. During the most recent 12 months, the claimant has not repaid at leas…