Ariz. Admin. Code § 6-3-1301

Current through Register Vol. 30, No. 25, June 21, 2024
Section R6-3-1301 - Definitions

The following definitions apply in A.R.S. Title 23, Chapter 4 (A.R.S. § 23-601 et seq.) and in Articles 13 through 18 and 50 through 56 of this Chapter unless the context otherwise requires:

1. "Agent State" means a state in which an individual files a claim for benefits against another state.

2. "Agricultural employer" means an employer defined in A.R.S. § 23-631(B).

3. "Appeal tribunal", as described in A.R.S. § 23-671, means a hearing officer as defined in A.R.S. § 23-609.01.

4. "Benefit overpayment" means a payment of unemployment insurance benefits in an amount exceeding the amount of benefits to which a person was lawfully entitled.

5. "Benefit overpayment caused by Department error" means an overpayment which resulted from an error committed by Department personnel.

6. "Benefit overpayment classified administrative" means an overpayment which occurred without fault on the part of the claimant.

7. "Benefit overpayment classified fraud" means an overpayment occurred because a claimant knowingly misrepresented or concealed material facts in order to obtain benefits to which the claimant was not lawfully entitled.

8. "Benefit overpayment classified non-fraud" means an overpayment created because the claimant unintentionally gave incorrect or incomplete information.

9. "Board" means the Department's Appeals Board described in A.R.S. § 23-672.

10. "Claimant" means a person who has filed a claim for unemployment insurance benefits.

11. "Combined wage claim" or "a claim filed under the Interstate Arrangement for Combining Wages and Employment" means an unemployment insurance claim based on wages earned in more than 1 state.

12. "Daughter" means a birth, foster, step, or legally adopted female child.

13. "Deputy" means a Department employee who performs claims-taking or adjudication duties in the unemployment insurance program.

14. "Director" means the Director of the Department of Economic Security.

15. "Domestic employer" means an employer defined in A.R.S. § 23-613(C).

16. "Domestic service" means service of a household nature performed by an employee for a person or for a local college club or local chapter of a college sorority or fraternity in or about the private home of the employer or in or about a college club or sorority or fraternity house in connection with the maintenance of the home or premises, or for the comfort and care of the person, family, or members, as distinguished from service which is directly related to the business or career of the employer.

a. Domestic service includes:

i. "Family", for purposes of this Section, includes foster relationships and relationships by blood, marriage, and adoption.

ii. "Private home" means the social unit formed by a person or family residing in a private household. Private home includes the fixed place of abode of a person or family in a private house, or in a separate and distinct dwelling unit in an apartment house, hotel, or other similar establishment. Private home also includes a summer or winter home of a person or family. Private home does not include any dwelling house or premises used primarily as a boarding or lodging house for the purpose of supplying board or lodging to the public as a business enterprise, or used primarily for the purpose of furnishing accommodations or entertainment to clients, customers, or patrons.

iii. "Service of a household nature" means service customarily rendered by cooks, waiters, butlers, housekeepers, nannies, companions, valets, janitors, laundry workers, caretakers, handypersons, gardeners, and by chauffeurs of automobiles. Service of a household nature does not include service performed by private secretaries, tutors, librarians, or musicians, or by carpenters, plumbers, electricians, painters, or other skilled craftspersons, or by professional or highly trained persons such as registered nurses, licensed practical nurses, and airplane pilots.

b. Domestic service does not include:

i. Service of a household nature performed in or about a private home in the employ of any employing unit engaged in a business the purpose of which is to furnish services of a household nature to the public.

ii. Service of a household nature performed in connection with the operation of rooming, lodging, or boarding houses, hotels, hospitals, eleemosynary institutions, or commercial offices or establishments.

17. "Employment Security Law of Arizona" means A.R.S. Title 23, Chapter 4.

18. "Experience rating account" means a separate account the Department maintains for each employer in accordance with A.R.S. § 23-727.

19. "Father" means a birth, foster, step, or legally adoptive male parent.

20. "Federal Unemployment Tax Act" (FUTA) means 26 U.S.C.A. 3301 et seq.

21. "Interstate benefit payment plan" means the plan approved by the Interstate Conference of Employment Security Agencies for payment of benefits to a person who is absent from the state in which the person accumulated benefit credits.

22. "Interstate claimant" means an individual who claims benefits under the unemployment insurance law of a liable state through the facilities of an agent state.

23. "Liable state" means any state against which an individual files a claim for benefits through another state.

24. "Mass separation" means a situation where more than 50 employees of an employing unit have separated from employment for the same reason, for a separation period of at least 1 week.

25. "Mother" means a birth, foster, step, or legally adoptive female parent.

26. "Partially unemployed individual" means a person who is regularly employed full time by an employer but who, during a particular week:

a. Worked less than the customary full-time hours for such employer because of lack of full-time work,

b. Earned less than the person's weekly benefit amount.

27. "Part-time employment" means employment of a person who, during a particular week, earned less than the person's weekly benefit amount and worked less than full time.

28. "Pay period" means that period of time during which the wages due on any pay day were earned.

29. "Paying state" means the state against which a combined wage claim is filed.

30. "Payments in lieu of contributions" means monetary payments which an employing unit makes to the state unemployment compensation fund, pursuant to an election the employing unit has made.

31. "Regular employer", as used in Articles 13 and 17, means an employer who is liable for contributions and subject to the experience rating provisions of the Employment Security Law of Arizona.

32. "Reimburse", as used in A.R.S. § 23-706, means that the Department is either crediting an employer's quarterly statement of account or issuing the employer a refund by warrant.

33. "Reimbursement employer" means an employer who makes payments in lieu of contributions.

34. "Son" means a birth, foster, step, or legally adopted male child.

35. "Spouse" means the lawful husband of a woman or the lawful wife of a man.

36. "Taxable year" means a calendar year.

37. "Transferring state" means a state that transfers wages to a paying state for purposes of establishing a combined wage claim.

38. "Week", except as otherwise defined for a specific rule or in A.R.S. Title 23, Chapter 4, means a calendar week. The term "calendar week" means 7 consecutive days ending at midnight Saturday. For the purposes of A.R.S. §§ 23-613, 23-615(6), and 23-725(B) and (F), if any calendar week includes both December 31 and January 1, the days up to January 1 shall be deemed 1 calendar week and the days beginning January 1 another calendar week.

39. "Week of unemployment", as used in R6-3-1806, is the week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.

Ariz. Admin. Code § R6-3-1301

Former Rule 3-1319; Amended effective April 17, 1975 (Supp. 75-1). Amended effective January 18, 1978 (Supp. 78-1). Amended effective February 10, 1978 (Supp. 78-1). Amended effective March 28, 1978 (Supp. 78-2). Amended effective August 3, 1978 (Supp. 78-4). Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Amended effective February 7, 1980 (Supp. 80-1). Amended subsection (B) effective July 9, 1980. Amended subsection (O) effective July 24, 1980 (Supp. 80-4). Section repealed, new Section adopted effective December 20, 1995 (Supp. 95-4).