WSR 10-16-038

PERMANENT RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed July 26, 2010, 3:37 p.m. , effective August 26, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 192-320-065 is amended to correct a statutory reference. WAC 192-320-085 is adopted to replace WAC 192-12-156 for the purpose of publishing rules under subject matter headings.

Citation of Existing Rules Affected by this Order: Repealing WAC 192-12-156; and amending WAC 192-320-065.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Adopted under notice filed as WSR 10-11-045 on May 12, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 23, 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