Ariz. Admin. Code § 6-3-1810

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-3-1810 - Requalifications

A. The Department shall apply the definitions of wages in R6-3-1705 for requalification under this Section.

B. In determining whether a claimant has earned sufficient wages to requalify under A.R.S. §§ 23-634.01, 23-771(A)(7), 23-775(1), (2), or 23-776(A), the following shall apply:

1. The Department shall use both insured and non-insured wages, but shall not use income from self-employment.

2. The Department shall use any income, including wages from agricultural and domestic work, that would be reportable as wages on a continued claim for unemployment insurance, but shall not use income from self-employment.

C. In determining whether wages are usable for requalification purposes, the following shall apply:

1. In considering requalification under A.R.S. §§ 23-775(1), (2), and 23-776(A), the Department shall consider services performed subsequent to the date of the act that resulted in the disqualification.

2. In considering requalification under A.R.S. § 23-771(A)(7), the Department shall consider services performed during the period starting with the beginning date of a benefit year and prior to the effective date of a subsequent benefit year.

3. In considering requalification under A.R.S. § 23-634.01, the Department shall consider services performed subsequent to the week in which the failure to apply for, accept, or seek work occurred. The claimant shall document that the claimant has worked in each of at least four calendar weeks and the claimant's total wages equal at least four times the weekly benefit amount. The weeks need not be consecutive.

D. The proof required to establish wages for requalification under A.R.S. §§ 23-634.01, 23-771(A)(7), 23-775(1), (2), or 23-776(A) may consist of a check stub or other payment record, an employer statement, or W-2 form. When the employer's quarterly wage reports submitted to the Department show the contended wage items, the Department may accept the reports as proof of the wages.

E. Except for wages that are included on an employer's quarterly wage reports to the Department, the burden of establishing requalifying wages shall rest on the claimant. The Department may assist the claimant in the verification of wages that the claimant states the claimant has earned but has no proof, or insufficient proof, by contacting the employer either by telephone, in writing, or through electronic communication.

F. The Department shall not terminate a disqualification period before the end of the week in which the claimant's wages total an amount sufficient to requalify.

G. In determining whether a disqualification carries over from one benefit year to a subsequent benefit year, the following shall apply:

1. Unless a disqualification is terminated within the benefit year, the Department shall carry over a disqualification assessed in a benefit year under A.R.S. §§ 23-775(1), (2), or 23-776(A) unless the Department's wage records establish that the claimant earned sufficient wages to requalify subsequent to the date of the act that resulted in the disqualification.

2. The Department shall not carry over a disqualification assessed under A.R.S. § 23-634.01 into a subsequent benefit year.

H. In determining the amount of wages required to requalify after disqualifications, the following shall apply:

1. The amounts required to requalify after disqualification imposed under A.R.S. §§ 23-634.01, 23-775(1), (2), or 23-776(A) shall not be cumulative. The amount of wages required to terminate the largest disqualification shall remove all disqualifications, as long as the wages that are used to requalify were earned subsequent to the date of occurrence of the act that resulted in the disqualification.

2. For disqualifications under A.R.S. § 23-634.01, the work shall have been performed subsequent to the week of occurrence of the act that resulted in the disqualification and in each of at least four weeks, as shown in subsection (C)(3).

I. In determining the amount of wages required to requalify:

1. The amount of required wages to requalify under A.R.S. §§ 23-634.01, 23-775(1), (2), or 23-776(A) is based on the weekly benefit amount payable at the time the disqualification is imposed. When a revised determination of wages earned results in a change in the weekly benefit amount, the Department shall adjust the amount required to requalify after any disqualification not previously terminated, in accordance with the new weekly benefit amount and notify the claimant of the change.

2. The amount of required wages to requalify under A.R.S. § 23-771(A)(7) is based on the weekly benefit amount that would be calculated under A.R.S. § 23-779 for a subsequent benefit year. If a revised determination of wages earned results in an increase in the weekly benefit amount, the claimant shall requalify in terms of the increased weekly benefit amount. If the claimant cannot requalify at the higher amount, and has received benefits based on requalification at the previous lower amount, the Department shall establish an overpayment.

Ariz. Admin. Code § R6-3-1810

Adopted effective April 17, 1975 (Supp. 75-1). Amended effective December 10, 1976 (Supp. 76-5). Amended effective January 10, 1977 (Supp. 77-1). Correction, subsection (A), paragraph (2) incorrectly shown as amended effective January 10, 1977, subsection (B), paragraph (2) amended effective January 10, 1977 (Supp. 77-4). Amended effective August 3, 1978 (Supp. 78-4). Amended effective February 24, 1982 (Supp. 82-1). Amended by deleting subsection (I) effective August 29, 1984 (Supp. 84-4). Amended by final rulemaking at 15 A.A.R. 176, effective March 7, 2009 (Supp. 09-1).