WSR 05-01-076

PERMANENT RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed December 9, 2004, 4:44 p.m. , effective January 9, 2005 ]


Purpose: To amend rules to comply with the provisions of chapter 4, Laws of 2003 2nd sp.s. (2ESB 6097). The substantive changes in the law made it necessary to modify the rules related to an individual's eligibility for unemployment benefits, job search requirements, the job search monitoring program, penalties, overpayments, and the calculation of maximum benefits. Additional rules are adopted to define new eligibility terms contained in the legislation.

Citation of Existing Rules Affected by this Order: Repealing WAC 192-12-011, 192-12-012, 192-12-020, 192-12-180, 192-12-184, 192-12-190, 192-12-300, 192-12-310, 192-12-320, 192-12-330, 192-12-340, 192-16-019, 192-16-023, 192-23-014, 192-23-015, 192-23-016 and 192-23-017; and amending WAC 192-04-040, 192-04-050, 192-16-009, 192-16-015, 192-16-016, 192-150-050, 192-150-055, 192-150-060, 192-150-065, 192-150-085, 192-150-090, 192-180-010, 192-180-015, 192-180-020, 192-180-025, 192-180-030, 192-240-035, and 192-240-040.

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, 50.12.042.

Adopted under notice filed as WSR 04-10-114 on May 5, 2004.

Changes Other than Editing from Proposed to Adopted Version: WAC 192-150-140 (3)(c), was rephrased to add language referring to the reasonably prudent person standard. A sentence was added to WAC 192-150-150, clarifying that an individual is not considered to have accepted changes in working conditions if he or she continues to work while pursuing established grievance or arbitration procedures. WAC 192-180-015(4), was modified to require claimants to retain job search logs for thirty, as opposed to sixty, days after receiving their final payment.

A final cost-benefit analysis is available by contacting Juanita Myers, P.O. Box 9046, Olympia, 98507-9046, phone (360) 902-9665, fax (360) 902-9799, e-mail jmyers@esd.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 41, Amended 18, Repealed 17.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 41, Amended 18, Repealed 17.

Date Adopted: December 3, 2004.

Dr. Sylvia P. Mundy

Commissioner

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 05-03 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office