Ariz. Admin. Code § 6-3-5475

Current through Register Vol. 30, No. 44, November 1, 2024

Section R6-3-5475 - Claims and Registration

A. Definitions. In this Article:

1. "Department" means the Arizona Department of Economic Security and any other entity that has an agreement with the Department to provide unemployment insurance and reemployment services.

2. "Itinerant service" means unemployment insurance claims service on a regularly scheduled but less than full-time basis to a locality not within a reasonable commuting distance of an established, full-time claims office.

3. "Personal Identification Number" means a four-digit number selected and entered by the claimant into the unemployment insurance telephone claims filing system.

B. Initial claims. A person claiming unemployment insurance benefits shall:

1. File an initial claim with the Department:

a. In writing, using an application provided by the Department at an office that accepts unemployment insurance claims. A claimant may also request and submit an application by mail;

b. By telephone, using a toll-free number provided by the Department via the Department's web site, local telephone directories, and informational flyers; or

c. By Internet, using the service maintained for that purpose on the Department's web site.

2. The Department may limit the available methods of filing according to budgetary constraints or program needs. The Department shall provide information on how to file an initial claim on its web site, in its employment offices, and in employment offices operated by other public agencies throughout the state.

3. Include the following information on the initial claim:

a. The claimant's personal identifying information, including name, aliases, birth date, address, telephone number, occupation, Social Security number, and citizenship status;

b. The claimant's employment history, including information on the claimant's last employer, the claimant's last date of work, and the reason for the claimant's separation from employment or a statement as to whether the last work was part time;

c. A statement that the claimant is totally or partially unemployed, and information on the claimant's potential for employment, including:

i. A description of the circumstances under which the claimant is willing to accept employment, and

ii. The claimant's restrictions to accepting employment;

d. A statement of other benefits the claimant has obtained or is seeking, including workers' compensation, Social Security, retirement benefits, unemployment benefits from another state, and employment benefits such as accrued vacation pay;

e. An acknowledgment that the claimant may be subject to penalty for provision of false statements or information; and

f. The claimant's signature or personal identification number.

C. Registration; exemptions. A claimant who files a claim satisfies the registration for work requirements of A.R.S. § 23-771(A)(1). The Department shall not require further registration efforts by a claimant who:

1. Is unemployed due to a labor dispute at the establishment of the claimant's employer but intends to return to work for the employer when the dispute ends;

2. Is temporarily laid off from employment for a known duration of not more than 30 days and has been notified of the date to return to work;

3. Is residing in a geographic area in which the Department does not provide placement services;

4. Is registered for work with a labor union through which workers in the claimant's occupation normally obtain work;

5. Is enrolled in a training course that meets the requirements of A.R.S. § 23-771.01 and R6-3-1809; or

6. Is laid off from employment because of the seasonal nature of the claimant's occupation, and the Department has determined that no current placement opportunities exist for the claimant. When the season for the claimant's occupation resumes, the claimant shall register with the Department's employment service.

D. Effective date of claim. Except as otherwise provided in this Section, an initial claim for benefits is effective on the first day of the calendar week in which the claimant files a claim.

1. An initial claim for benefits filed at a biweekly itinerant service point is effective on the first day of the prior calendar week if the claimant's unemployment began in that week and the claimant reported to file the claim at the itinerant service point on the next regularly scheduled service date.

2. An initial claim filed by mail is effective on the first day of the calendar week in which the claimant requests the claim forms, if the claimant returns the completed forms within seven days of the date that the Department mailed or provided the forms to the claimant. In all other cases where the claimant files by mail, the effective date is the first day of the calendar week that the claimant mails the completed forms to the Department. The mailing date is the postmark date.

E. Earlier effective dates. The Department may give the claim an effective date earlier than the dates described in subsection (D) if:

1. The claimant shows that the Department gave the claimant incorrect information that caused the claimant to delay filing the claim;

2. The claimant was unable to timely file a claim because the Department did not provide accessible claim services;

3. The claimant filed a timely claim against another state and:

a. The claim was later cancelled or denied; or

b. The claimant did not qualify for benefits in the other state;

F. Cancellation of claims. At the request of a claimant, the Department may cancel a claim that has established a benefit year if:

1. The claimant:

a. Has filed a combined wage claim; or

b. Has sufficient wage credits in another state to qualify for a claim; and

c. Requests cancellation within 15 days of the most recently issued monetary determination; and

d. Repays, or agrees to repay, any benefits received from the Arizona claim;

2. The claimant is ineligible for benefits because the claimant earned wages in the base period from an employer who contributed to or maintained the claimant's pension plan, and the wages will not be in the base period of a subsequent claim;

3. The claimant:

a. Initiates a claim during the final week of a benefit calendar quarter;

b. Will be eligible for a higher weekly benefit amount in the following benefit calendar quarter; and

c. Requests cancellation within seven days of the start of the new benefit calendar quarter;

4. Except as provided in subsections (F)(1) through (3), the claimant initiates a claim but does not file for a week of unemployment, and the claimant will qualify for a higher weekly benefit amount in a subsequent benefit calendar quarter; or

5. The claimant shows that the Department provided the claimant with incorrect information regarding the claimant's potential eligibility at the time the claim was initiated.

G. Continued claim for benefits. Except as otherwise provided in A.R.S. §§ 23-761 through 23-766, R6-3-1405, and R6-3-1809, for each week of unemployment claimed, a claimant shall timely file a continued claim for benefits or waiting period credit, on a form provided by the Department, by telephone, or through the Internet.

1. The Department may limit the available methods of filing these claims according to budgetary constraints or program needs. The Department shall provide each claimant with instructions on how to file continued claims at the time the initial claim is filed.

2. A continued claim shall include the following information for the applicable claim period;

a. A statement of any employment the claimant held and any wages the claimant earned;

b. A statement as to the claimant's ability to work, availability for work, and efforts to seek work;

c. A statement as to whether the claimant received or refused any offers of work;

d. A statement that the claimant understands and acknowledges that the claimant has a duty to notify the Department of changes in any circumstances that may affect the claimant's eligibility for benefits; and

e. The claimant's signature or personal identification number.

3. A claim is timely filed when the Department receives the claim within 14 days of the benefit week ending date. If the claim is mailed, the claim is timely if postmarked within 14 days of the benefit week ending date.

H. Untimely claims. The Department shall disallow an untimely claim unless:

1. The untimeliness was due to Department error; or

2. The claimant establishes good cause for the untimeliness. As used in this Section "good cause" means that the untimeliness was due to a circumstance beyond the reasonable control of the claimant;

3. Notwithstanding any other provision of this Section, when the untimely claim is the first occurrence in a benefit year, the Department shall not disallow the claim unless the Department finds that the untimeliness was willful. Willfulness is established if:

a. The claimant files the claim more than seven days after the 14-day period specified in subsection (G)(3), and

b. The Department has clear and convincing proof that the claimant knew of the filing requirements and deliberately chose to ignore them.

I. Adjudication and eligibility interviews.

1. The Department may require a claimant to participate in a:

a. Determination fact-finding proceeding, if an issue arises regarding eligibility; or

b. Periodic eligibility review, if a claimant has claimed benefits for at least two weeks.

2. The Department shall give the claimant not less than five calendar days prior written notice if it schedules a proceeding or review.

3. Except as otherwise provided in this subsection, a claimant who fails to report in person or be available via telephone, on a scheduled proceeding or interview date is ineligible for benefits for the week in which the appointment was scheduled, until the claimant reports to the Department.

a. The Department shall not hold the claimant ineligible if:

i. The claimant reports within three work days of the scheduled interview or the end of the same calendar week, whichever first occurs; or

ii. The claimant has good cause for the failure to report.

b. As used in this subsection, good cause includes the following circumstances:

i. The claimant was ill,

ii. The claimant lacked transportation to the appointment,

iii. The claimant had a job interview or work that precluded the claimant from keeping the appointment, or

iv. Other similar circumstances beyond the reasonable control of the claimant.

J. Reemployment services.

1. The Department may require a claimant to participate in a reemployment service program if the Department determines that the claimant:

a. Is likely to exhaust regular unemployment compensation benefits; and

b. Needs job search assistance services to make a successful transition to new employment.

2. If a claimant who is required to participate in reemployment services fails to report to a reemployment service provider, or to fulfill the requirements of the claimant's reemployment service plan, the claimant is ineligible for benefits for the week during which the act of non-participation occurred, unless the claimant establishes good cause for non-participation. Good cause includes the circumstances listed in subsection (I)(3)(b).

Ariz. Admin. Code § R6-3-5475

Former rule number -- Miscellaneous 75. - 75.6. Former rule repealed, new Section R6-3-5475 adopted effective January 24, 1977 (Supp. 77-1). Section repealed, new Section adopted effective December 20, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 3648, effective August 28, 2000 (Supp. 00-3). Amended by emergency rulemaking at 12 A.A.R. 3808, effective September 8, 2006 for 180 days (Supp. 06-3). Emergency renewed at 13 A.A.R. 1139, effective March 6, 2007 for 180 days (Supp. 07-1). Emergency expired. Section amended by final rulemaking at 14 A.A.R. 1747, effective June 14, 2008 (Supp. 08-2).