Ariz. Admin. Code § R6-3-52415 - Self-employment or Other Work (able and Available 415)

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

A. General (Able and Available 415.05)
1. The eligibility of self-employed individuals will initially be decided on the basis of their availability for work rather than on the basis of whether they are "employed" or "unemployed." The extent to which a claimant is prevented by the duties of his self-employment from accepting full-time suitable work is the criterion for establishing his availability.
2. The investment which the claimant has made in his enterprise, the existence of contractual obligations, the disposability of the business, and the nature and extent of the work which the claimant performs in his enterprise are all pertinent factors in determining his availability.
3. When the claimant is engaged in stop gap self-employment in an occupation other than his customary occupation, and his duties are incidental to the enterprise and can be delegated, or when there is no lease or contractual obligation, and the investment is small and the assets fluid, he may be available for work. However, when the investment in the enterprise is large or the income from the enterprise is substantial, a statement by the claimant that he is willing to give up the business is open to question.
4. If a claimant's activities are so limited that he can spend full time away from his enterprise during working hours, he is available for work. The fact that a claimant previously has worked full time under similar conditions is evidence of his availability.
B. Agriculture (Able and Available 415.1)
1. In determining the availability of self-employed farmers or ranchers, some of whom are available for work in spite of the fact that they have an investment and perform services on the farm or ranch, several factors must be considered such as:
a. The amount of time spent to complete their agricultural duties.
b. The amount of livestock.
c. The cost of hiring someone else to perform these duties as compared to the amount the claimant would be able to earn in his regular occupation.
d. The particular season during which the claim for benefits is filed.

Notes

Ariz. Admin. Code § R6-3-52415
Former rule number - Able and Available 415. - 415.1. Former rule repealed, new Section R6-3-52415 adopted effective January 24, 1977 (Supp. 77-1).

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