WSR 10-16-036

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT


[ Filed July 26, 2010, 3:33 p.m. ]

Subject of Possible Rule Making: WAC 192-320-035 and new WAC 192-320-036, implementing SSB 6524 on delinquent tax rates for unemployment insurance (UI) effective beginning in tax rate year 2011.

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: SSB 6524 was enacted in 2010 and establishes new rates for employers delinquent in the payment of UI taxes, beginning with rate year 2011. Amendments to WAC 192-320-035 will limit that WAC through rate year 2010 and new WAC 192-320-036 will establish rates beginning in rate year 2011.

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 UI program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of UI laws as long as conformity is maintained. The proposed rules will be shared with USDOL prior to adoption.

Process for Developing New Rule: Proposed rules will be shared with stakeholders identified in the rule-making process. We will solicit input from stakeholders and consider all written comments in the development of the final rules.

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. Please include your name, organization (if any), mailing address, e-mail address, and phone number.

July 23, 2010

Paul Trause

Deputy Commissioner

Washington State Code Reviser's Office