Ariz. Admin. Code § R6-3-52370 - Public Service (able and Available 370)

Current through Register Vol. 48, No. 14, April 8, 2022

A. General (Able and Available 370.05). Witnesses, plaintiffs, and defendants are not employed and their availability on the days of their attendance at court is questionable. Since an individual is compelled by law to comply with a subpoena and since absence from work caused by such compliance does not constitute a breach of the employment contract, such individual is considered available for work.
B. Jury duty (Able and Available 370.1)
1. An individual shall not be deemed unavailable for work on the basis of his being selected as a member of a jury panel or as a juror in a specific trial. However, he must make a reasonable search for employment during the period he is so engaged.
2. Compensation for jury service shall be treated as wages in determining the benefit amount to which a claimant is entitled. Such wages shall be reported as earned during the week in which the claimant performs service as a juror.
C. Public office (Able and Available 370.15)
1. Questions may arise as to whether persons engaged in certain types of public service are unavailable for work or are employed.
2. Public officers such as judges, justices of the peace, policemen, etc., usually are considered as unavailable for work. However, when it is found that a public officer's duties require very little time and would not prevent his accepting suitable work for which he is qualified, he is considered to be available. For example, a justice of the peace in a rural community who is called upon only occasionally to perform marriage ceremonies, try cases, etc., may well be able to engage full time in his regular occupation.

Notes

Ariz. Admin. Code § R6-3-52370
Former rule number Able and Available 370. - 370.15. Former rule repealed, new Section R6-3-52370 adopted effective January 24, 1977 (Supp. 77-1).

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