Subject of Possible Rule Making: The department is considering adopting rules clarifying the conditions under which individuals enrolled in a nonunion apprenticeship program approved by the Washington apprenticeship and training council may establish eligibility for commissioner approved training under RCW 50.20.043. The rules under consideration will apply only to apprenticeship programs that train participants to enter into one of the construction industries listed under section 23 of the North American Industry Classification System (NAICS) or under standard occupational classification section 47.

     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: Nonunion apprentices are currently required to make a minimum of three job search contacts each week when not enrolled in full-time training or working full-time. Union apprentices must comply with their union dispatch and referral requirements. Under apprenticeship guidelines, an apprentice may not seek employment with employers not part of the agreement without losing their eligibility for continued training. The proposed rules will clarify that nonunion apprentices are participating in commissioner approved training as long as they are making satisfactory progress and comply with all program requirements. An individual participating in training approved by the commissioner are exempt from job search.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of labor and industries, Washington apprenticeship and training council (WATC). The WATC has asked that nonunion apprentices be exempted from any requirement to seek work with employers who are not part of the apprenticeship agreement. Staff from ESD and WATC have met to discuss the various issues involved with potential rule making. ESD will continue to keep WATC staff informed of the progress of this rule-making effort.

     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.

     Process for Developing New Rule: The department will hold informal meetings with stakeholders 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. Persons interested in attending meetings to discuss the proposed rules should contact 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.

January 11, 2006

Karen T. Lee

Commissioner