SS 013-20

Statutory authority for the rule, including the statutory citation and language:

The Department has statutory authority for the proposed rule.

“The department may adopt and enforce all rules which it finds necessary or suitable to carry out this chapter.” Wis. Stat. § 108.14(2).

“The search for suitable work must include at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department." Wis. Stat. § 108.04(2)(a)3.

“The department may, by rule, do any of the following if doing so is necessary to comply with a requirement under federal law or is specifically allowed under federal law: 1. Modify the availability of any waiver under par. (b) or (bb). 2. Establish additional waivers from the requirements under par. (a) 2. and 3." Wis. Stat. § 108.04(2)(bd).

Estimate of the amount of time that state employees will spend developing the rule and other resources necessary to develop the rule:

The estimated time is 20 hours.

Description of all entities that may be affected by the proposed rule:

Claimants otherwise eligible for benefits but under quarantine or otherwise affected by COVID-19. Employers whose employees qualify for unemployment benefits under this rule.

Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

Federal law requires, with exceptions, unemployment benefit claimants to be available for work. 20 C.F.R. §§ 604.3; 604.5.

Federal law requires state law to conform to and comply with federal regulations. See 20 C.F.R. § 601.5.

Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):

The proposed rule is expected to have an economic impact on unemployment insurance benefit claimants, who may be found to be eligible for unemployment benefits under this rule. The proposed rule is expected to have an economic impact on employers, including small businesses, because additional unemployment benefits may be charged to contribution employers’ unemployment reserve accounts and to employers subject to reimbursement financing.

Contact Person: Janell Knutson, Director, Bureau of Legal Affairs, Unemployment Insurance Division, at [phone] or [e-mail].

Approval of the agency head or authorized individual:

             

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Pamela R. McGillivray, Chief Legal Counsel   Date Submitted