Pima Community College v. Arizona Department of Economic Security

714 P.2d 472, 148 Ariz. 302, 30 Educ. L. Rep. 1289, 1986 Ariz. App. LEXIS 411
CourtCourt of Appeals of Arizona
DecidedJanuary 28, 1986
DocketNo. 1 CA-UB 433
StatusPublished
Cited by3 cases

This text of 714 P.2d 472 (Pima Community College v. Arizona Department of Economic Security) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pima Community College v. Arizona Department of Economic Security, 714 P.2d 472, 148 Ariz. 302, 30 Educ. L. Rep. 1289, 1986 Ariz. App. LEXIS 411 (Ark. Ct. App. 1986).

Opinion

OPINION

GREER, Judge.

The issue in this case is whether a part-time student employed by a community college pursuant to a federally-funded work-study program is “a student enrolled and regularly attending classes” within the meaning of A.R.S. § 23-617.9(a) so as to exempt the college from classification as an “employer” for unemployment compensation tax purposes. We find that the student falls within the terms of the statutory exemption and reverse the determination of the Unemployment Insurance Appeals Board.

I. FACTS

John Cox attended Pima Community College (PCC) from 1980 until the fall semester of 1982. While enrolled, he qualified for and received financial aid pursuant to a federally-funded work-study program. Under the program, Cox worked as a groundskeeper for nineteen hours a week and was paid the minimum wage from federal funds given to the college for the purpose of assisting financially needy students.1 In order to remain eligible for the federally-funded position, federal law requires that participants retain a minimum of six credit hours per semester. When John Cox withdrew from all courses in the fall of 1982, he became ineligible for the position and filed for unemployment compensation benefits.

On January 21, 1983 the Arizona Department of Economic Security (ADES) issued its Notice of Liability for Employment or Wages, holding that part-time students performing services for the college and their wages are subject to unemployment insurance coverage. The decision, challenged by PCC, was affirmed by ADES on reconsideration and by the Unemployment Insurance Appeals Board on appeal. Appellant PCC has applied to this court for review pursuant to A.R.S. § 41-1993.

II. ANALYSIS

A.R.S. § 23-617 provides in relevant part:

‘Exempt employment’ means employment not considered in determining whether an employing unit constitutes an ‘employer’ under this chapter and includes:
9. Service performed in the employ of a school, college, or university, if the service is performed:
(a) By a student enrolled and regularly attending classes at the school, college or university ...

[304]*304The ADES has promulgated a regulation defining the statutory term “student”:

For the purpose of administering A.R.S. § 23-617.9, a student is defined as an individual registered for full-time attendance and regularly attending classes. The definition of full-time attendance used by the institution will apply.

A.C.R.R. R6-3-1301(S)(6). During the semesters at issue,2 Cox was registered for less than the twelve credit units necessary to qualify as a “full-time” student as that term is defined by PCC. ADES and the Unemployment Insurance Appeals Board (Board) reasoned that because Cox was not a “full-time” student under the ADES regulation he was not a “student enrolled and regularly attending classes” at PCC within the meaning of § 23-617.9(a). Appellant PCC has challenged the validity of the ADES regulation before the Board and on appeal.

It is a fundamental principle of administrative law that an agency regulation, interpretative in nature, is not binding on this court and is of no effect to the extent that it conflicts with the proper interpretation of a statute. McCarrell v. Lane, 76 Ariz. 67, 258 P.2d 988 (1953); Ferguson v. Arizona Dep’t of Economic Security, 122 Ariz. 290, 594 P.2d 544 (App.1979); see generally, Davis, Administrative Law Treatise § 7:10-15 at 36-75 (1979). We think that by adding the phrase “registered for full-time attendance” ADES has impermissibly restricted the intended scope of the statutory exemption.

The language “student enrolled and regularly attending classes” appears in the unemployment compensation statutes of several other states as well as in two federal statutes. A common thread which runs through cases construing this language on facts similar to our own is that if the student would not have been employed at the college or university but for his status as a student at that institution, the statutory exemption is applicable and the student is not entitled to receive unemployment benefits. See, e.g., Hyde v. Industrial Comm’n, 195 Colo. 67, 576 P.2d 541 (1978); Bachrach v. Dep’t of Industry, Labor and Human Relations, 114 Wis.2d 131, 336 N.W.2d 698 (App.1983). Conversely, a student whose employment at a university is wholly unrelated to his status as a student is not “enrolled and regularly attending classes” if otherwise entitled to receive benefits. See Warmington v. Employment Security Dep’t, 12 Wash.App. 364, 529 P.2d 1142 (1974).

Hyde involved two graduate students who were employed as teaching assistants while preparing thesis papers and studying independently for comprehensive exams. Although they were not attending classes in the traditional sense, the Colorado Supreme Court held that they were “enrolled and regularly attending classes” within the meaning of the statute and thus were ineligible for unemployment benefits. The court found that the purpose of the legislative exemption “was to embrace all persons who are essentially students” and, importantly, observed that the teaching assistant positions were contingent upon continued enrollment at the university. In Warming-ton on the other hand, the Washington court held that a graduate student preparing a thesis who was employed as a predoctoral lecturer was entitled to benefits because he was not “regularly attending classes.” In that case, however, the court noted the complete absence of any relationship between the claimant’s status as a student and his employment as a lecturer:

Petitioner was not hired because he was a student. He was hired ... because of his ‘unique expertise ... Mr. Warming-ton would have been hired to perform the same services even if he had not been enrolled.’

529 P.2d at 1145.

The most comprehensive and well-reasoned discussion of the statutory phrase [305]*305appears in Bachrach, a Wisconsin case involving doctoral candidates working on their dissertations while employed as teaching or research assistants. As in Hyde, the positions at issue in Bachrach were offered exclusively to university students as a type of financial aid. The court held that the students were “regularly attending classes” and thus were ineligible for unemployment benefits.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Brady v. ades/esa Tax Unit
Court of Appeals of Arizona, 2023
Reese v. Reemployment Assistance Appeals Commission
103 So. 3d 195 (District Court of Appeal of Florida, 2012)
University of Hawai'i v. Befitel
100 P.3d 55 (Hawaii Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
714 P.2d 472, 148 Ariz. 302, 30 Educ. L. Rep. 1289, 1986 Ariz. App. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pima-community-college-v-arizona-department-of-economic-security-arizctapp-1986.