WSR 10-11-045

EXPEDITED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed May 12, 2010, 9:32 a.m. ]

Title of Rule and Other Identifying Information: WAC 192-320-065 Relief of benefit charges, is amended to correct a statutory reference. New WAC 192-320-085 Overpayment of benefits -- Credit to employer's account, is adopted to replace WAC 192-12-156.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Juanita Myers, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046 , AND RECEIVED BY July 20, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to correct statutory references and to continue the department's move to publish rules under subject matter headings. The changes are structural only and will not impact the public.

Reasons Supporting Proposal: The proposal will make the rules more accessible to the public by eliminating outdated statutory references and to place the new WAC 192-320-085 into the appropriate chapter.

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040.

Statute Being Implemented: RCW 50.29.021, 50.20.190.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Employment security department, governmental.

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

May 7, 2010

Paul Trause

Deputy Commissioner


AMENDATORY SECTION(Amending WSR 00-01-167, filed 12/21/99, effective 1/21/00)

WAC 192-320-065   Relief of benefit charges.   For purposes of RCW ((50.20.020(2))) 50.29.021, a contribution-paying nonlocal government base year employer may request relief from certain benefit charges which result from the payment of benefits to an individual.

(1) Employer added to a monetary determination as the result of a redetermination. The employer's request for relief of benefit charges must be received or postmarked within thirty days of mailing the notification of redetermination (Notice to Base Year Employer - EMS 166).

(2) Timely response. The commissioner may consider a request for relief of benefit charges that has not been received or postmarked within thirty days as timely if the employer establishes good cause for the untimely response.

(3) Additional information.

(a) The employer shall provide the information requested by the department within thirty days of the mailing date of the department's request.

(b) It shall be the responsibility of the employer to provide all pertinent facts to the satisfaction of the department to make a determination of relief of benefits charges, or good cause for failure to respond in a timely manner.

(c) Failure to respond within thirty days will result in a denial of the employer's request for relief of benefit charges unless the employer establishes good cause for the untimely response.

(4) Denial and appeal of request. Any denial of a request for relief of benefit charges shall be in writing and will be the basis of appeal pursuant to RCW 50.32.050.

[Statutory Authority: Chapter 34.05 RCW and RCW 50.20.020(2). 00-01-167, 192-320-065, filed 12/21/99, effective 1/21/00.]


NEW SECTION
WAC 192-320-085   Overpayment of benefits -- Credit to employer's account.   Benefits paid shall be recoverable to the extent allowable pursuant to RCW 50.20.190 in the event that the decision allowing benefits is ultimately modified or reversed. Such ultimate reversal or modification shall not affect previous benefit charges based thereon; however, benefit credits in an amount equal to the erroneous charges shall be applied to the employer's account for the calendar year in which the decision is ultimately modified or reversed.

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REPEALER


The following section of the Washington Administrative Code is hereby repealed:


WAC 192-12-156 Overpayment of benefits -- Credit to employer's account.

Washington State Code Reviser's Office