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