WSR 07-11-163

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT


[ Filed May 23, 2007, 9:50 a.m. ]

Subject of Possible Rule Making: Adopt rules to implement SSB 5653, chapter 248, Laws of 2007, which establishes a self-employment assistance program.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010, 50.12.040, 50.20.010, and section 1(7), chapter 248, Laws of 2007.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules will clarify that the self-employment assistance program is a component of commissioner-approved training; the conditions for approving a participant's training program; define when a participant fails to participate in the program and the consequences of that failure; how a participant's earnings will be treated while enrolled in the training program; clarify provisions related to the prohibition against competing with a former employer; define terms; and related provisions necessary to the administration of the program.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (USDOL) reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of unemployment insurance laws as long as conformity is maintained. The proposed regulations will be shared with USDOL prior to adoption.

In addition, department will work with other state agencies, including the department of community, trade and economic development and workforce training and education coordinating board, in the development of these regulations.

Process for Developing New Rule: The department intends to hold meetings with the interested public and other state agencies to obtain input on the proposed rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Juanita Myers, Unemployment Insurance Rules Coordinator, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, phone (360) 902-9665, fax (360) 902-9799, e-mail jmyers@esd.wa.gov.

May 22, 2007

Paul Trause

Deputy Commissioner

Washington State Code Reviser's Office