Preproposal statement of inquiry was filed as WSR 02-07-064.
Title of Rule: Adopting a new chapter 192-240 WAC, Extended benefits.
Purpose: To adopt a new chapter outlining the requirements an individual must meet to be eligible for extended unemployment benefits.
Statutory Authority for Adoption: RCW 50.12.010, 50.12.040.
Statute Being Implemented: Chapter 50.22 RCW.
Summary: These regulations define the types of work that is considered suitable for claimants applying for or receiving extended benefits, their minimum job search requirements, and the penalties that an individual will incur for failing to accept or apply for suitable work.
Reasons Supporting Proposal: In January 2002, the state entered into an extended benefit period. There have been several changes in state law since the state was last in an extended benefit period (1994), and the existing regulations are out of date. It is necessary to update the rules to inform workers of the requirements they must meet to be eligible for extended benefits.
Name of Agency Personnel Responsible for Drafting: Juanita Myers, Olympia, Washington, (360) 902-9665; Implementation and Enforcement: Annette Copeland, Olympia, Washington, (360) 902-9303.
Name of Proponent: Employment Security Department, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules define terms, clarify eligibility requirements, and outline job search requirements for individuals applying for or receiving extended unemployment benefits. They also set forth penalties for individuals who fail to comply with these requirements. The rules incorporate several requirements in federal law for the receipt of extended unemployment benefits. The purpose of the rules is to provide clear guidelines to individuals regarding both federal and state requirements of the extended benefit program.
Proposal Changes the Following Existing Rules: The following rules are repealed: WAC 192-16-033, 192-16-036, 192-16-040, 192-16-042, 192-16-045, and 192-16-047. Outdated language is eliminated and the rules are rewritten for purposes of clarity and understandability. The proposed rules will comprise a new chapter within Title 192 WAC so they are more easily located by the regulated community.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules are not substantially different from those adopted in 1981. Federal regulations and guidelines dictate most of the content of these regulations. The regulations do not impose requirements on businesses.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Employment Security Department, Public Affairs Conference Room, 2nd Floor, 212 Maple Park, Olympia, WA, on February 5, 2003, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Mary Mendoza by February 3, 2003, TDD (360) 902-9589 or (360) 902-9281.
Submit Written Comments to: Larry Oline, Acting Rules Coordinator, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 438-3226, by February 4, 2003.
Date of Intended Adoption: February 14, 2003.
December 16, 2002
Dr. Sylvia P. Mundy
WAC 192-240-010 Regular shareable benefits defined. The term "regular shareable benefits" means regular benefits in excess of 26 times your weekly benefit amount that are paid during an extended benefit period.
(a) It is not within your capabilities;
(b) The position is vacant because of a labor dispute, working conditions are substantially less favorable than similar work in the area, or you would be required to join or resign from a union or labor organization (see RCW 50.20.110);
(c) The gross weekly pay is less than your weekly benefit amount, plus any supplemental unemployment benefits you receive from your former employer; or
(d) The job pays less than the higher of the federal or state minimum wage.
(2) If you can demonstrate that you have good prospects of returning to work in your customary occupation within a reasonably short period of time, suitable work is considered to be work in keeping with your prior work experience, education, or training. "Good prospects for work" means you have:
(a) A definite recall or hire date within four weeks; or
(b) A probable recall or hire date within four weeks, based on an extremely favorable position on a union out-of-work list, seasonal factors, or historical experience.
(a) To accept any offer of suitable work as defined in WAC 192-240-020; or
(b) To accept a referral, or to apply for suitable work, when referred by your local employment center, if the job was:
(i) Offered to you in writing, or
(ii) Listed with the department.
(2) The denial is for the week in which the refusal occurs and until you work in four weeks and earn four times your weekly benefit amount.
(a) At a minimum, your efforts must include at least four job search contacts with employers during each week you claim benefits.
(b) If you are a member in good standing of a referral union, you must make three job search contacts each week in addition to contacting your union and complying with the union's requirements.
(i) Registration with another union local can constitute one job search contact if you are willing to travel or relocate to accept work in their jurisdiction.
(ii) You do not have to look for work that would jeopardize your union membership, but must look for other work you are capable of doing.
(iii) If you have been identified by the department as having good prospects of returning to work within four weeks because you have an extremely favorable position on the union out-of-work list, contact with your union each week fulfills the job search requirements of this section.
(2) Every week you file a claim for regular shareable or extended benefits, you must report your job search contacts to the department. For each job search contact you must report the date of the contact, the employer or union involved and its place of business, the method of contact, the type of work sought, and the results of the contact.
(3) You must keep a record or log of your job search contacts which contains the information required by WAC 192-180-015.
(4) The department may review your job search activities at any time. You must provide the department with a copy of your job search log upon request. Employer contacts will be verified by the department as needed.
(5) The department will consider you to have met the job search requirements of this section and of RCW 50.22.020(5) for any week in which you participate in a training program that is approved by the commissioner.
(6) The job search requirements under this section and RCW 50.20.020(5) are waived for any week in which you are unable to conduct a job search because you are serving on jury duty. See RCW 50.20.117.
(a) Benefits will be denied under RCW 50.20.080 if the work was suitable as defined by RCW 50.20.100 and RCW 50.20.110, and you did not have good cause for failing to apply for or accept work;
(b) If benefits are denied as provided in subsection (1)(a), you will also be denied benefits as provided in RCW 50.22.020;
(c) Benefits will be denied under only RCW 50.22.020 if the work was suitable as provided in that statute and WAC 192-240-020, but did not meet the provisions of RCW 50.20.100 and RCW 50.20.080.
(2) If you claim regular shareable or extended benefits during a week in which you failed to meet the job search requirements of WAC 192-240-030, benefits will be denied under RCW 50.22.020, except as provided in subsection (4).
(3) A denial of benefits under RCW 50.22.020 starts the week in which the failure occurs, and continues indefinitely until you show that:
(a) You have worked in at least four weeks; and
(b) You have earned at least four times your weekly benefit amount. The employment does not need to be covered by Title 50 RCW.
(4) If you fail to meet the job search requirements of WAC 192-240-030 because you are hospitalized for treatment of an emergency or life-threatening condition, benefits will be denied under RCW 50.20.010(3). The denial period is only for the week or weeks in which the hospitalization occurred.
The following sections of the Washington Administrative Code are hereby repealed:
|WAC 192-16-033||Interpretive regulation -- Regular shareable benefits defined.|
|WAC 192-16-036||Interpretive regulation -- Requalification for regular shareable, extended, or additional benefits under RCW 50.20.050(4).|
|WAC 192-16-040||Interpretive regulation -- Good prospects of obtaining work within a reasonably short period of time under RCW 50.22.020(3) -- Shareable, extended, or additional benefits.|
|WAC 192-16-042||Interpretive regulation -- Failure to apply for or accept work under RCW 50.22.020 (4)(b) -- Shareable, extended, or additional benefits.|
|WAC 192-16-045||Interpretive regulation -- Disqualification for failing to accept an offer of or to apply for suitable work -- Shareable, extended, or additional benefits.|
|WAC 192-16-047||Interpretive regulation -- Interpretation of requirements of RCW 50.22.020(5) -- Tangible evidence of a systematic and sustained effort to obtain work -- Shareable, extended, or additional benefits.|