R994-402-202. General Requirements for EB

(1) Notwithstanding the provisions of the Act concerning regular unemployment insurance benefits, a claimant is ineligible for EB during any week of unemployment in the claimant's eligibility period if the Department finds that during such period: (a) the claimant failed to: (i) accept an offer of suitable work as defined in Section R994-402-204; or (ii) apply for suitable work to which the claimant was referred by the Department; or (b) the claimant failed to make a systematic and sustained effort to secure employment as provided in Section R994-402-207. (2) A claimant who has been found ineligible for EB under Subsection R994-402-202(1) will be denied EB until the claimant: (a) has performed services in bona fide, covered, employment for at least four subsequent weeks, whether or not consecutive; and (b) earned wages for such services equal to at least six times the claimant's weekly benefit amount. (3) Notwithstanding Section R994-402-204, no claimant will be denied EB for failure to accept an offer of, or apply for, a job which meets the definition of suitability as described in that section if: (a) the position was not: (i) offered to the claimant in writing as defined in R994-402-206; or (ii) listed with the Department; (b) such failure would not result in a denial of unemployment insurance benefits under the definition of suitable work for regular unemployment insurance benefits claimants in Subsection 35A-4-405(3), to the extent that the criteria of suitability in that section are not inconsistent with Section R994-402-204; or (c) the claimant meets the requirements of "good prospects" as defined in Section R994-402-205. (4) No work is considered to be suitable work unless it complies with the labor standard provisions required by Section 3304(a)(5) of the Internal Revenue Code as provided in Subsection 35A-4-405(3). (5) The Department shall refer a claimant entitled to EB to any suitable work which meets the criteria in Section R994-402-204.