ALC-Executive Subcommittee
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I have no clue what he was doing. I started hollering at him.
All right, guys, we'll go ahead and get started. We've got Senator Bledsoe on the speakerphone, and we'll go ahead and let you guys explain the emergency rule. If you would, introduce yourself to our committee, and you're recognized to explain
Stephen Portz
Unverified
11:24
your rule. Thank you, Representative. My name is Stephen Portz, Chief Legal Counsel for the Department of Commerce.
Stephen Portz
Unverified
11:38
for us to become compliant with federal guidelines in order to receive the $4 million, $8 million total so that we, in order to get that, we need to have a rule that simply states that employers upon separation of an employee provide that employee with notice of UI benefits.
And they had a form which is attached to the back of it which the employer can use to fill out and to give to that person. And so the purpose of this rule is to just simply fulfill that requirement. Once we do that, we can apply for that money and get that money and help those who are in need of those funds. All right,
Mr. Speaker, you got a question? Yes, thank you, Mr. Chairman.
Representative Matthew J. Shepherd
Unverified
12:34
The only question I had is, how will employers know about this new requirement
Speaker 13
12:40
after it's implemented? Well, as I appreciate, it's going
Stephen Portz
Unverified
12:45
to be posted on the website for DWS. It will also send some emails out so that others will also be able to be made aware of this requirement. And those are the primary two ways that we intend to promulgate this rule, which is no different from any other rule that is done.
And that will be the method. You satisfied, Mr.
Senator Terry Rice
Unverified
13:22
Speaker? Any other questions? And Senator Rice, you're recognized. Thank you. Just where we'll be able to clarify this back for employers, is the employer required to keep some type of a signed statement to verify the employee was notified?
And because sometimes separation, they don't come back, wife, husband picks up a check or something, And what is a penalty if they don't? I understand the need to coincide this with the federal. I don't have a problem
Speaker 18
13:55
with that, but can you answer those two things? Yes, the answer to both of the questions is no. There is no penalty and there's no requirement for the employee to keep a signed copy. The federal law doesn't require that. It just simply requires that we have the rule out there so there's no enforcement of it
and there will be no issue with any employer who does not comply. Though we want them to comply, there is no penalty. Thank you.
Any further questions? Senator Bledsoe, are you okay? I'm
good. All right. Seeing no further questions, without objection, the proposed emergency rule is revised and approved, and review and approval shall be effective at noon, Thursday, April 16, 2020.
Thank you. See you. No further business. We stand adjourned. Thank you, Mr. Chairman. Thank you, members of the committee.
Agenda
A. Call to Order
B. Consideration of an Emergency Rule from Department of Commerce – Division of Workforce Services to review and approve an emergency rule in order for the State to qualify for federal unemployment benefit funds.
C. Adjournment.
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — ALC - EXECUTIVE SUBCOMMITTEE, Apr 15, 2020 | Agenda | 1 | Official source ↗ |
| Exhibit B - Emergency Rule request - Emergency Rule 30 - DWS | Exhibit | 17 | Official source ↗ |
Speakers
Representative Jeff Wardlaw Chair
Unverified
Stephen Portz
Unverified
Speaker 12
Representative Matthew J. Shepherd
Unverified
Speaker 13
Senator Terry Rice
Unverified
Speaker 18