WSR 10-07-144

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT


[ Filed March 23, 2010, 4:28 p.m. ]

Subject of Possible Rule Making: WAC 192-04-040, 192-04-060 and 192-04-175, the department is clarifying the rules related to the commissioner's review of decisions issued by the office of administrative hearings.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The amendment to WAC 192-04-175 will establish the circumstances under which an individual designated by the commissioner may, as an interested party, direct the commissioner's review office to take a decision issued by the office of administrative hearings under advisement. Other changes to rules are made for purposes of clarity and ease of administration. WAC 192-04-063 will be repealed.

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.

The office of administrative hearings (OAH) issues initial orders for unemployment insurance appeals and petitions for hearing filed by claimants and employers. The OAH will be provided the opportunity for comment prior to adoption of these rules.

Process for Developing New Rule: The employment security department (ESD) welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, ESD will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the distribution list and to anyone who requests a copy.

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.

March 17, 2010

Paul Trause

Deputy Commissioner

Washington State Code Reviser's Office