WSR 10-17-117

PROPOSED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed August 18, 2010, 9:37 a.m. ]

Supplemental Notice to WSR 10-06-084.

Preproposal statement of inquiry was filed as WSR 09-15-013.

Title of Rule and Other Identifying Information: WAC 192-110-001 May the department refuse to accept my claim, appeal or petition?

Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 2nd Floor, 212 Maple Park Drive, Olympia, WA, on September 23, 2010, at 11:30 a.m.

Date of Intended Adoption: September 27, 2010.

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 22, 2010.

Assistance for Persons with Disabilities: Contact Tammy Crawford by September 21, 2010, TTY (360) 902-9569 or (360) 902-9577.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule replaces WAC 192-12-142 but clarifies that an appeal must be signed and a petition for review properly filed as provided in WAC 192-04-170 before it can be accepted by the department for filing.

Reasons Supporting Proposal: The move to a new section is part of the department's efforts to organize its rules under subject matter headings. The changes to the rule clarify existing policy that an appeal and petition for review must be properly filed before they can be accepted by the department. Proper filing for an appeal, per WAC 10-08-035, requires than [that] it be signed by the applicant. Proper filing of a petition requires that it meet the provisions of WAC 192-04-170.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Statute Being Implemented: Title 50 RCW.

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) 902-665 [902-9665]; Implementation and Enforcement: Nan Thomas, 212 Maple Park, Olympia, WA, (360) 902-9303.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule relates to the filing of appeals and petitions for review. No impact on business is anticipated.

A cost-benefit analysis is not required under RCW 34.05.328. The rule clarifies existing agency policy regarding the filing of appeals and petitions for review. No substantive policy changes are included in the proposed rule.

August 12, 2010

Karen Lee

Commissioner


NEW SECTION
WAC 192-110-001   May the department refuse to accept my claim, appeal or petition?   (1) Except as provided in subsection (2) of this section, no employee or agent of the department may refuse to accept your claim, a signed appeal, or a petition properly filed under WAC 192-04-170 relating to any program administered by this department regardless of the employee or agent's opinion concerning its merits.

(2) You must provide the department with your name and Social Security account number in order to file a claim for benefits.

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Washington State Code Reviser's Office