WSR 98-04-047
AGENDA
EMPLOYMENT SECURITY DEPARTMENT
[Filed January 30, 1998, 11:47 a.m.]
Subject: In-person filing requirements for UI benefits.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-141 (2), (4)(a), (5)(b), (11), and 192-23-018.
Description of Intended Rule-making Activity: Remove the requirement that initial claims, claims for waiting period credit, continued claims, and additional or reopened claims be filed in person. Authorize the use of the mail to file claims when the department deems appropriate.
Expected Public Participation: These amendments were tested as a pilot rule in Pierce County, and selected sites in King County. The report from the pilot study group indicates the pilot was a success and recommends the permanent rules be amended to allow initial and reopened claims to be filed by mail.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - November 1994; modified March 1995.
Proposed Rule-Making (CR-102) - November 1997.
Public Hearings - December 1997.
Order Rule Adoption (CR-103) - February 1998.
Effective Date - March 1998.
Subject: Filing continued claims by telephone.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-005, 192-12-012, 192-12-141, 192-18-012, 192-23-800, 192-23-810, and 192-23-900. New sections in chapters 192-12 and 192-16 WAC.
Description of Intended Rule-making Activity: The department has been piloting an interactive voice response system to allow unemployment insurance claimants to file weekly benefit claims by telephone. The amendments clarify agency procedures relative to claims that are filed by telephone. They also clarify how vacation pay will be treated, and the methods for notifying claimants of reductions for unavailability.
Expected Public Participation: Initially proposed as a pilot study, the department eventually used the agency study process. The findings of the study will be shared with interested parties prior to the permanent amendment of the rules.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - October 1995.
Proposed Rule-Making (CR-102) - March 1998.
Public Hearings - May 1998.
Order Rule Adoption (CR-103) - June 1998.
Effective Date - July 1998.
Subject: Timber retraining benefits.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: Amendments to chapter 192-32 WAC, Timber retraining benefits, including repeal of four rules. New sections in chapter 192-33 WAC, Workforce training.
Description of Intended Rule-making Activity: Amend rules in chapter consistent with provisions of 2SHB 1201, passed by the 1997 legislature. Adopt rule defining salmon fishing workers eligible for services under chapter 50.70 RCW. Adopt rule clarifying persons eligible for services under RCW 50.12.270.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - July 1997.
Proposed Rule-Making (CR-102) - December 1997.
Public Hearings - January 1998.
Order Rule Adoption (CR-103) - February 1998.
Effective Date - March 1998.
Subject: Unemployment benefits for pregnant claimants.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: New sections in chapter 192-16 WAC.
Description of Intended Rule-making Activity: Adopt rules requiring the department to provide a directive to claimants who leave work due to pregnancy; treat disability resulting from pregnancy the same as other medical disabilities when determining eligibility for unemployment benefits; consider whether an employer offered reasonable accommodation before deeming a claimant unavailable for work; and not deem a pregnant claimant unavailable for work solely because of a voluntary leave of absence.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - May 1997.
Proposed Rule-Making (CR-102) - March 1998.
Public Hearings - May 1998.
Order Rule Adoption (CR-103) - June 1998.
Effective Date - July 1998.
Subject: Predecessor/successor relationships and reporting requirements.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-072 and a new section in chapter 192-12 WAC.
Description of Intended Rule-making Activity: Amend WAC 192-12-072 to state that the transfer of employees to an employee leasing company is not a predecessor/successor relationship for UI contribution purposes. Add a section specifying the number of days a partial successor has in which to notify the department of the percentage transferred, and the consequences to the employer for failure to do so.
Expected Public Participation: Input will be solicited from interested parties during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - July 1997.
Proposed Rule-Making (CR-102) - March 1998.
Public Hearings - April 1998.
Order Rule Adoption (CR-103) - April 1998.
Effective Date - May 1998.
Subject: Waiver of penalties for delinquent contributions.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-042.
Description of Intended Rule-making Activity: Add a provision allowing waiver of penalties for delinquent contributions for employers who are subject to a voluntary audit as provided in RCW 43.05.140.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - July 1997.
Proposed Rule-Making (CR-102) - March 1998.
Public Hearings - April 1998.
Order Rule Adoption (CR-103) - April 1998.
Effective Date - May 1998.
Subject: Voluntary quit in lieu of reduction in force.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-16-070.
Description of Intended Rule-making Activity: Repeal rule which provides that a layoff or reduction in force will not be considered a voluntary quit in certain circumstances.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - October 1997.
Proposed Rule-Making (CR-102) - March 1998.
Public Hearings - April 1998.
Order Rule Adoption (CR-103) - April 1998.
Effective Date - May 1998.
Subject: Employer reports.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-030.
Description of Intended Rule-making Activity: Revise rule to eliminate obsolete reports required of employers.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - October 1997.
Proposed Rule-Making (CR-102) - March 1998.
Public Hearings - April 1998.
Order Rule Adoption (CR-103) - April 1998.
Effective Date - May 1998.
Subject: Timber retraining benefits.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: New sections in chapter 192-32 WAC.
Description of Intended Rule-making Activity: Adopt sections defining a base year employer as an interested party to a decision that an individual is eligible for timber retraining benefits.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - December 1997.
Proposed Rule-Making (CR-102) - April 1998.
Public Hearings - May 1998.
Order Rule Adoption (CR-103) - May 1998.
Effective Date - June 1998.
Subject: Shared work.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: Chapter 192-36 WAC.
Description of Intended Rule-making Activity: Review rules in accordance with Executive Order on Regulatory Improvement (97-02) and amend or repeal as necessary. Amend rules related to the shared work plan approval criteria; define certain terms contained in the statute; and clarify the employees eligible for participation in an approved plan.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - March 1998.
Proposed Rule-Making (CR-102) - June 1998.
Public Hearings - July 1998.
Order Rule Adoption (CR-103) - July 1998.
Effective Date - August 1998.
Subject: Claimant information.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-24-030 and 192-24-020.
Description of Intended Rule-making Activity: Update information that will be provided to claimants in the claimant directive and the presentation of benefit rights.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - April 1998.
Proposed Rule-Making (CR-102) - July 1998.
Public Hearings - August 1998.
Order Rule Adoption (CR-103) - August 1998.
Effective Date - September 1998.
Subject: Voluntarily leaving work.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-16-009, 192-16-011, 192-16-013, 192-16-015, 192-16-016, 192-16-017, and 192-23-052.
Description of Intended Rule-making Activity: Review rules in accordance with Executive Order on Regulatory Improvement (97-02) and amend or repeal as necessary. Convert policy statements to rules as needed.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - June 1998.
Proposed Rule-Making (CR-102) - September 1998.
Public Hearings - October 1998.
Order Rule Adoption (CR-103) - October 1998.
Effective Date - November 1998.
Subject: Misconduct.
Division or Office Initiating Rule-making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-16-019, 192-23-051, and 192-23-061.
Description of Intended Rule-making Activity: Review rules in accordance with Executive Order on Regulatory Improvement (97-02) and amend or repeal as necessary. Convert policy statements to rules as needed.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-making Activity:
Preproposal Notice of Intent (CR-101) - July 1998.
Proposed Rule-Making (CR-102) - October 1998.
Public Hearings - November 1998.
Order Rule Adoption (CR-103) - November 1998.
Effective Date - December 1998.