Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 13 - DEFINITIONS › Section R6-3-1301 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
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.