PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Amend rules relating to registration of corporate officers for unemployment tax purposes, and the conditions under which they are eligible for unemployment benefits. Rules under consideration include WAC 192-300-090, 192-310-010, 192-310-150, 192-310-160, 192-310-170, 192-310-180, and 192-310-190. The need for additional amendments or adoption of new rules may be identified through the rule-making process.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules will implement chapter 66, Laws of 2013 (HB 1056) and chapter 250, Laws of 2013 (SSB 5227), related to corporate officers and unemployment insurance (UI) taxes and benefits. Among other changes, SB [SSB] 5227 modifies the statute so that registration and coverage by the corporation of their officers is elective rather than mandatory. HB 1056 modifies the circumstances under which those corporate officers who have elected coverage are considered "unemployed" and thus eligible for benefits.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (USDOL) reviews the state's administration of the UI program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of UI laws as long as conformity is maintained. The proposed rules will be shared with USDOL prior to adoption.
Process for Developing New Rule: The proposed rules will be shared with stakeholders identified in the rule-making process. We will solicit input from stakeholders and consider all written comments in the development of the final rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Juanita Myers, UI Rules Manager, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 902-9799, e-mail firstname.lastname@example.org. Please include your name, organization (if any), mailing address, e-mail address and phone number.
May 31, 2013