WSR 09-17-114

PROPOSED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed August 18, 2009, 1:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-08-067.

Title of Rule and Other Identifying Information: WAC 192-270-005 and 192-270-035 relating to training benefits for individuals receiving unemployment insurance benefits. WAC 192-270-020, 192-270-025, and 192-270-030 are repealed as obsolete.

Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 2nd Floor, 212 Maple Park, Olympia, WA, on September 22, 2009, at 1:00 p.m.

Date of Intended Adoption: October 2, 2009.

Submit Written Comments to: Pamela Ames, P.O. Box 9046, Olympia, WA 98507-9046, e-mail pames@esd.wa.gov, fax (360) 902-9799, by September 21, 2009.

Assistance for Persons with Disabilities: Contact Jeannette Nelson by September 21, 2009, TTY (360) 902-9569 or (360) 902-9602.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments are made to chapter 192-270 WAC, Training benefits. The amendments implement those sections of chapter 3, Laws of 2009 (ESHB 1906) that were effective on April 5, 2009. The rules define terms, modify timeframes for filing applications for training benefits, and require that training be for a high demand occupation.

Reasons Supporting Proposal: The rules implement changes to the training benefits statute adopted by the 2009 legislature, chapter 3, Laws of 2009.

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, and 50.20.010.

Statute Being Implemented: Sections 4 and 5, chapter 3, Laws of 2009.

Name of Proponent: Employment security department, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Juanita Myers, 212 Maple Park, Olympia, (360) 902-9665; and Enforcement: Nan Thomas, 212 Maple Park, Olympia, (360) 902-9303.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules are technical in nature and modify existing rules consistent with statutory changes adopted by the 2009 legislature. Benefits paid under the training benefits program are not charged to the individual's previous employer(s).

A cost-benefit analysis is not required under RCW 34.05.328. Any costs imposed by the changes to the training benefits program result from legislative changes rather than the proposed rules. It is anticipated that these changes will not cause the training benefits program to exceed the $20 million annual appropriation by the legislature.

August 12, 2009

Paul Trause

Deputy Commissioner


AMENDATORY SECTION(Amending WSR 01-11-085, filed 5/16/01, effective 6/16/01)

WAC 192-270-005   Definitions.   The definitions below apply to this chapter, ((and)) RCW 50.22.150, and chapter 3, laws of 2009, 4:

(1) "Labor market" means the geographic area in which workers in your particular occupation or with your particular set of skills have customarily found work. For the purpose of determining whether you are a dislocated worker, "labor market" is based on your place of residence at the time you separated from employment. You will not be considered a dislocated worker if, following your separation from work, you move from a labor market area where your skills are in demand to an area where they are declining.

(2) (("NAICS" means the North American industry classification system code.

(3))) For claims with an effective date prior to April 5, 2009, "plurality of wages" means the largest proportion of wages earned within a particular occupation or skill set. These wages must be earned in:

(a) Your base year, and

(b) At least two of the four twelve-month periods preceding your base year.

(((4) "SIC" means the standard industrial classification code.

(5))) (3) "Skill set" means the work-related knowledge and abilities needed to produce a particular product or provide a particular service.

(6) (4) "Training benefits" means the additional benefits paid under RCW 50.22.150 and chapter 3, laws of 2009, 4 to eligible dislocated workers enrolled in and making satisfactory progress in a training program approved by the commissioner.

(((7) "Wages" means remuneration earned in employment as defined in Title 50 RCW or the comparable laws of another state. This means that only wages in covered employment can be considered in determining whether you have sufficient tenure in an occupation or in work with a particular skill set.)) For purposes of chapter 3, laws of 2009, section 4, subsection (2)(b)(i) relating to low income workers, the term "total wages" means wages in employment covered under Title 50 RCW or comparable federal or state laws.

[Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, 192-270-005, filed 5/16/01, effective 6/16/01.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 01-11-085, filed 5/16/01, effective 6/16/01)

WAC 192-270-035   Time frames.   Information about training benefits will be included in the claimant information booklet mailed to you at the time you file your application for unemployment benefits (see WAC 192-120-010). For purposes of this section, the claimant information booklet is considered your notification of the eligibility requirements for the training benefits program.

(1) Submitting a training plan.

(a) For claims with an effective date prior to April 5, 2009, you have 60 calendar days to submit a training plan to the department for approval, beginning on the date you are notified by the department about the eligibility requirements for training benefits. For new claims, the deadline will be 65 calendar days from the date your application for benefits is filed, which represents 60 days plus five days for the booklet to reach you by mail.

(b) For claims with an effective date on or after April 5, 2009, you have 90 calendar days to submit a training plan to the department for approval, beginning on the date you are notified by the department about the eligibility requirements for training benefits. For new claims, the deadline will be 95 calendar days from the date your application for benefits is filed, which represents 90 days plus five days for the booklet to reach you by mail.

(2) Enrollment in training.

(a) For claims with an effective date prior to April 5, 2009, you must be enrolled in training within 90 calendar days, beginning on the date you are notified by the department about the eligibility requirements for training benefits. For new claims, the deadline will be 95 calendar days from the date your application for benefits is filed, which represents 90 days plus five days for the booklet to reach you by mail.

(b) For claims with an effective date on or after April 5, 2009, you must be enrolled in training with 120 calendar days, beginning on the date you are notified about the eligibility requirements for training benefits. For new claims, the deadline will be 125 calendar days from the date your application for benefits is filed, which represents 120 days plus five days for the booklet to reach you by mail.

(3) For claims with an effective date on or after April 5, 2009, these timeframes may be waived for good cause. For purposes of this section, "good cause" includes but is not limited to situations where:

(a) You were employer attached, including being on standby or partially unemployed, when you filed your claim for unemployment benefits but your attachment to your employer subsequently ended;

(b) You acted or failed to act on authoritative advice directly from department or partner staff upon which a reasonable person would normally rely;

(c) You were incapacitated due to illness or injury or other factors of similar gravity; or

(d) Other factors which would effectively prevent a reasonably prudent person, as defined in WAC 192-100-010, facing similar circumstances, from meeting the timelines established under this section.

(4) If you return to work, and subsequently become unemployed, the time frames described in subsections (1) and (2) begin with the date you file your additional claim for benefits.

[Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, 192-270-035, filed 5/16/01, effective 6/16/01.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 192-270-020 Employment in the aerospace industry.
WAC 192-270-025 Employment in the forest products industry.
WAC 192-270-030 Employment in the fishing industry.

Washington State Code Reviser's Office