NOTICE OF PROPOSED CHANGES ON UNEMPLOYMENT INSURANCE IN THE REGULATIONS OF THE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT

BRIEF DESCRIPTION

The Department of Labor and Workforce Development proposes to change regulations on unemployment insurance amending current regulations to restrict withdrawal of a claim with fraud attached, add a new subsection restricting alternate base period claims when eligible for a regular base period claim in another state, define a customary commutable area to more clearly identify travel, and to forgo issuance of unemployment insurance tax refunds to employers under a specified dollar amount.

The Department of Labor and Workforce Development proposes to adopt regulation changes in Title 8 of the Alaska Administrative Code, dealing with unemployment insurance, including the following:

(1)               8 AAC 85 is proposed to be changed as follows:

·         AAC 85.075 is amended to restrict the withdrawal of a claim with fraud attached.

·         AAC 85.110 is amended to add a new subsection restricting claimants from filing alternate base periods if they are eligible for a regular base period in another state.

·         AAC 85.220 (i) is repealed per HB 76, effective July 1, 2013.

·         AAC 85.353 is amended to define a customary commutable area to more clearly identify travel.

·         AAC 85.400 is amended to allow us to forgo issuing unemployment insurance tax refunds under $5 to employers as we do with employees.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Chalise Fisk at P.O. Box 115509, Juneau, AK 99811-5509, or chalise.fisk@alaska.gov.  The comments must be received no later than 4:30 P.M. on May 6, 2019.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Chalise Fisk at (907) 465-8291 or chalise.fisk@alaska.gov, no later than May 6, 2019, to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Chalise Fisk at (907) 465-8291 or chalise.fisk@alaska.gov.

After the public comment period ends, the Department of Labor and Workforce Development will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.

Statutory Authority:   AS 23.20.045, AS 23.20.080, AS 23.20.330, AS 23.20.340, AS 23.20.375, AS 23.20.378

Statutes Being Implemented, Interpreted, or Made Specific: AS 23.20.085, AS 23.20.165, AS 23.20.225, AS 23.20.350, AS 23.20.375, AS 23.20.376, AS 23.20.378, AS 23.20.382, AS 23.20.385, AS 23.20.520, AS 23.20.530  

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

The Division of Employment and Training Services, Unemployment Insurance (DETS/UI) keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the DETS/UI notices of proposed regulation changes. To be added to or removed from the list, send a request to the DETS/UI at jnu.uitech@alaska.gov giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Date:   03/30/2019                                              

/S/
Dr. Tamika L. Ledbetter
Commissioner