Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-17-122.

     Title of Rule and Other Identifying Information: Modifications to chapter 192-270 WAC. The chapter previously applied to training benefis [benefits] for dislocated workers. However, it has been expanded to cover other eligible unemployment insurance recipients. The chapter outlines policies and procedures for individuals applying for and receiving training benefits.

     Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 212 Maple Park, Olympia, WA, on March 29, 2012, at 10:30 a.m.

     Date of Intended Adoption: April 4, 2012.

     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 March 28, 2012.

     Assistance for Persons with Disabilities: Contact Kintu Nnambi by March 28, 2012, TTY (800) 833-6384 or (360) 725-9454.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules clarify eligibility requirements to receive training benefits. Amending WAC 192-270-010, to clarify eligibility of dislocated workers; WAC 192-270-040, to clarify requirements for full-time training and enrollment deadlines; WAC 192-270-045, to clarify application requirements; WAC 192-270-047, to provide that incomplete applications may be returned for completion; WAC 192-270-050, to modify criteria for approving training plans and outline limited circumstances under which academic training can be approved; WAC 192-270-055, to modify procedures related to waiting lists for funding; and WAC 192-270-065, to clarify provisions related to satisfactory progress in training. Changes to other sections incorporate exceptions for dislocated workers under RCW 50.22.155 as amended, and otherwise update language to reflect minor changes to policies and procedures. A new section is adopted relating to earnings deductions for individuals receiving training changes to reflect changes to RCW 50.20.130.

     Reasons Supporting Proposal: Rules implement changes to the training benefits program made by chapter 4, Laws of 2011 (EHB 1091), Part III.

     Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, and 50.22.155(12).

     Statute Being Implemented: RCW 50.22.155 and 50.20.130.

     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 and Implementation: Juanita Myers, 212 Maple Park, Olympia, (360) 902-9665; 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 proposed rules clarify eligibility requirements for individuals to receive additional training benefits. They do not impose costs on small business beyond those costs inherent in the statute.

     A cost-benefit analysis is not required under RCW 34.05.328. The rules simply clarify policies and procedures and do not meet the definition of significant legislative rules under RCW 34.05.328.

February 8, 2012

Paul Trause

Commissioner

OTS-4600.2

     (1) "Labor market" means the geographic area in which workers in your particular occupation or with your particular ((set of)) skill((s)) sets 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) 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.

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

     (((4))) (3) "Training benefits" means the additional benefits paid under RCW ((50.22.150 and)) 50.22.155 to eligible ((dislocated)) workers enrolled in and making satisfactory progress in a training program approved by the commissioner.

     (((5))) (4) For purposes of RCW 50.22.155 (2)(((b)(i))) (a)(ii)(A) 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, 50.12.040, and 50.20.010. 09-20-095, § 192-270-005, filed 10/7/09, effective 11/7/09. 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.]

     When deciding whether your separation from employment makes you eligible for training benefits, the department will look at the last job you held for a period of at least seven weeks in employment covered by Title 50 RCW or ((the)) comparable federal or state laws ((of another state)).

[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. 10-13-038, § 192-270-010, filed 6/8/10, effective 7/9/10. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, § 192-270-010, filed 5/16/01, effective 6/16/01.]

     (2) The term "application date" means the date on which ((the individual)) you filed an initial application for unemployment benefits.

[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. 10-13-038, § 192-270-017, filed 6/8/10, effective 7/9/10.]

     (a) "Injury" means a trauma to the integrity or function of a tissue or organ and the resulting physical conditions;

     (b) "Illness" means a condition marked by an obvious deviation from the normal healthy state, characterized by sickness, disease, or other disorder. Alcohol abuse, drug abuse, antisocial behavior, or criminal history alone, or your commitment to a treatment facility, is insufficient by itself to show "illness" within the meaning of this section.

     (2) Verification of your injury or illness may, at the department's discretion, require verification from a physician.

[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. 10-13-038, § 192-270-019, filed 6/8/10, effective 7/9/10.]

     (((1))) (2) 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)) Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), you have ((90)) ninety 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)) ninety-five calendar days from the date your application for benefits is filed, which represents ((90)) ninety days plus five days for the booklet to reach you by mail.

     (((2))) (3) 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)) Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), you must be enrolled in training ((with [within] 120)) within one hundred twenty calendar days, beginning on the date you are notified about the eligibility requirements for training benefits. For new claims, the deadline will be ((125)) one hundred twenty-five calendar days from the date your application for benefits is filed, which represents ((120)) one hundred twenty 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)) (4) If you are a dislocated worker eligible under RCW 50.22.155 (2)(a)(i), you must submit a training plan and enroll in training prior to the end of your benefit year.

     (5) Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), these ((timeframes)) time frames 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)) time frames established under this section.

     (((4))) (6) If you return to work, and subsequently become unemployed, the time frames described in subsections (((1) and)) (2) and (3) begin with the date you file your additional claim for benefits.

[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. 09-20-095, § 192-270-035, filed 10/7/09, effective 11/7/09. 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.]

     (1) You have))

     (2) Prior to approval of your training plan, you must:

     (a) Be preregistered for classes ((or are on a waiting list)); and

     (((2) You)) (b) Have a starting date of training((; and)) that is not more than one quarter or term away.

     (3) ((The starting date is not more than one quarter or term away.)) You are considered enrolled in training upon approval of your training plan.

[Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, § 192-270-040, filed 5/16/01, effective 6/16/01.]

     (1) Your name and either your Social Security account number or the claimant identification number assigned to you by the department;

     (2) The name of the educational institution;

     (3) The address of the educational institution;

     (4) The department of the educational institution, if applicable;

     (5) The name of the training program;

     (6) A description of the training program, including remedial requirements if necessary;

     (7) ((Your enrollment date or your place on the waiting list and expected enrollment date;)) The date your training program is expected to start;

     (8) The duration of the training program, including the dates you plan to begin and complete training;

     (9) Your employment history for the previous three years;

     (10) Your plan for completion of the training if training benefits will run out prior to the completion of your plan;

     (11) The occupation(s) trained for;

     (((10))) (12) A verification of your ((enrollment)) registration provided by the educational institution;

     (((11))) (13) A release of information form authorizing the educational institution to release grades, attendance, and other measures of program progress to the department; and

     (((12))) (14) Your signature.

[Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, § 192-270-045, filed 5/16/01, effective 6/16/01.]

[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. 10-13-038, § 192-270-047, filed 6/8/10, effective 7/9/10.]

     (a) Whether you have a current benefit year as required by RCW 50.22.010(9);

     (b) Your plan for completion of the training ((including, but not limited to, the financial resources you intend to use to complete your training when training benefits run out));

     (c) ((Whether you have the qualifications and aptitudes to successfully complete the training;

     (d))) For each of the following categories of workers:

     (i) Dislocated workers under RCW 50.22.155 (2)(a)(i): Whether suitable employment is available in the labor market in which you currently reside and whether the training is likely to enhance your marketable skills and earning power, based on an assessment of what your earning power would be if training were not provided. If you were originally determined to be a dislocated worker, but moved from the area where your skills were declining to an area where your skills are in demand, you are not eligible for training benefits.

     (ii) Low income workers under RCW 50.22.155 (2)(((b)(i))) (a)(ii)(A): Whether vocational training is likely to enhance your earning potential. This consists of training for a career in a high demand occupation that will help you obtain and maintain stable, quality employment.

     (iii) ((For)) Military veterans, current members of the Washington National Guard, and disabled individuals under RCW 50.22.155 (2)(((b))) (a)(ii)((, (iii) and (iv))) (B), (C), and (D): Whether training is needed to assist you in finding suitable work in your labor market.

     (((e))) (d) Whether the training relates to a high demand occupation((.

     (i) For claims with an effective date prior to April 5, 2009, "high demand" means that the number of job openings in the labor market for the occupation or with that skill set exceeds the supply of qualified workers.

     (ii) For claims with an effective date on or after April 5, 2009, "high demand" means an occupation with a substantial number of current or projected employment opportunities));

     (((f))) (e) Whether the training is likely to enhance your marketable skills and earning power, based on an assessment of what your employment prospects would be if training were not approved; and

     (((g))) (f) Whether the educational institution and training program meet the performance criteria established by the workforce training and education coordinating board.

     (2) Academic training ((may)) will not be approved during the first two years of a degree program. Academic training may be approved during subsequent academic years if it meets the criteria of subsection (1) and it meets specific requirements for certification, licensing, or for specific skills necessary for the occupation.

     (3) The department may approve educational training that has been identified as necessary by the training facility as a prerequisite to a vocational training program that meets the criteria ((of)) in subsection (1) of this section.

[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. 10-13-038, § 192-270-050, filed 6/8/10, effective 7/9/10. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, § 192-270-050, filed 5/16/01, effective 6/16/01.]

     (2) For all other claimants eligible for training benefits under RCW 50.22.155, payment ((of training benefits)) is contingent upon the availability of funding. Training will not be approved under RCW ((50.22.150)) 50.22.155 unless ((the department has determined that)) funds are available to support your training plan.

     (((1))) (3) The amount of funds obligated will be the amount necessary to complete your training plan or the maximum amount authorized by RCW ((50.22.150 (5)(a))) 50.22.155 (2)(g)(i), whichever is less.

     (((2))) (4) If you have been denied training benefits due to lack of funds, the department will consider whether you are eligible for commissioner approved training under WAC 192-200-020.

     (((3))) (5) Funds will be obligated ((in the following order:

     (a) First, otherwise eligible dislocated workers who are enrolled in training approved by the department as of February 13, 2000;

     (b) Second, other)) to otherwise eligible ((dislocated)) workers on a first-come, first-served basis, determined by the date the completed training application is received by the department.

     (((4))) (6) Once all available funds have been obligated, individuals who have been denied training benefits due solely to the lack of funds will be placed on a waiting list. Priority on the waiting list will be determined by the date the claimant's completed training application was received by the department. As additional funds become available, this date will be used when obligating funds to claimants on the waiting list. In the event two or more claimants on the waiting list have the same date, priority will be given to that person who is closest to exhausting regular unemployment benefits.

     (((5))) (7) An individual's name may be removed from the waiting list, upon written notice, when the department determines it is appropriate. Examples include, but are not limited to:

     (a) Written correspondence to the claimant from the department is returned by the U.S. postal service for lack of a current address, and the claimant has not filed a change of address with the department;

     (b) The claimant fails to respond to written correspondence from the department by the date indicated in the correspondence;

     (c) The claimant is not enrolled in or making satisfactory progress in full-time training; or

     (d) Except as provided in RCW 50.22.155 (2)(g)(iv), implementation of the approved training program would result in benefits being paid more than two years beyond the end of the claimant's benefit year.

[Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, § 192-270-055, filed 5/16/01, effective 6/16/01.]

     (2) Except as provided in subsection (3), for training benefits purposes the term "satisfactory progress" means:

     (a) Your grade point average does not fall below 2.0 for ((more than one quarter)) two consecutive terms;

     (b) You maintain a grade point average sufficient to graduate from, or receive certification in, your approved area of study; and

     (c) You are completing sufficient credit hours to finish your approved course of study within the time frame established under your approved training plan.

     (3) In the case of self-paced or ungraded learning programs, "satisfactory progress" means participating in classes and passing certification examinations within the time frame established under your approved training plan.

[Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, § 192-270-065, filed 5/16/01, effective 6/16/01.]

     (a) Your course of study or major;

     (b) The educational institution;

     (c) The projected start or end dates for the training; or

     (d) Your enrolled credit hours.

     (2) The department must determine your continued eligibility for training benefits any time you make a significant modification to your training plan, using the criteria listed in WAC 192-270-050 (1)(b)-(g). Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), approval of a modification that increases the projected cost of the training is subject to the availability of funding. The department will conditionally pay benefits on a modified training plan until the modification is approved or denied.

     (3) In general, you may make a significant modification to your plan one time. Subsequent modifications will not be approved except in unusual individual circumstances. However, this restriction does not apply while you are enrolled in educational courses that are a prerequisite to vocational training.

     (4) Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), if you modified your training plan without approval by the department, and that modification is subsequently disapproved, you are ineligible for training benefits for at least five years.

     (5) Any benefits paid for a modified training plan that is not approved by the department constitute an overpayment and ((shall be)) are subject to recovery under RCW 50.20.190.

[Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). 01-11-085, § 192-270-070, filed 5/16/01, effective 6/16/01.]

     (a) You work the number of hours consistent with full-time work for your occupation; or

     (b) Your gross earnings equal or exceed one and one-third times your weekly benefit amount plus five dollars.

     (2) There are two earnings deductions for claims filed effective July 1, 2012, and later:

     (a) If you are not receiving training benefits and are unemployed for a week, the department will subtract five dollars from your gross earnings, multiply by seventy-five percent and round up to the nearest whole dollar. The resulting amount will be deducted from your weekly benefit amount.

     Example: You have an unemployment claim effective July 1, 2012, and are receiving regular benefits. Your weekly benefit amount is four hundred dollars. During a week, you work twenty hours as a retail salesperson making ten dollars per hour. Your earnings deduction will be one hundred forty-seven dollars. Your unemployment benefit for the week will be two hundred fifty-three dollars.

     (b) If you are receiving training benefits and are unemployed for a week, the department will subtract five dollars from your gross earnings, multiply by fifty percent and round up to the nearest whole dollar. The resulting amount will be deducted from your weekly benefit amount.

     Example: You have an unemployment claim effective July 1, 2012, and are receiving training benefits. Your weekly benefit amount is four hundred dollars. During a week, you work twenty hours as a retail salesperson making ten dollars per hour. Your earnings deduction will be ninety-eight dollars. Your unemployment benefit for the week will be three hundred two dollars.

[]

     The following sections of the Washington Administrative Code are repealed:

WAC 192-270-015	Dislocated workers -- Unlikely to return to employment -- RCW 50.22.155 (2)(a) and 50.04.075.
WAC 192-270-018	Members of the Washington National Guard -- RCW 50.22.155 (2)(b)(iii).

© Washington State Code Reviser's Office