WSR 13-20-124 PROPOSED RULES EMPLOYMENT SECURITY DEPARTMENT [Filed October 1, 2013, 4:28 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-12-051.
Title of Rule and Other Identifying Information: Adopt new rules in chapter 192-320 WAC, Experience rating and benefit charging.
Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 212 Maple Park, Olympia, WA, on November 14, 2013, at 11:00 a.m.
Date of Intended Adoption: November 18, 2013.
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 November 13, 2013.
Assistance for Persons with Disabilities: Contact Kintu Nnambi by November 13, 2013, TTY (800) 833-6384 or (360) 725-9454.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules are adopted to implement section 3, chapter 189, Laws of 2013. The legislation provides that employers are not eligible for relief of unemployment benefit charges to their account if the employer fails to respond timely or adequately to a written request for information from the department and has established a pattern of such failures. The rules clarify how the department will determine whether an employer is ineligible for relief of benefit charges under these circumstances.
Reasons Supporting Proposal: The rules implement section 3, chapter 189, Laws of 2013, pertaining to circumstances under which an employer may be ineligible for relief of benefit charges. The change to state law was adopted to conform to changes in federal law.
Statute Being Implemented: Chapter 50.60 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 and Implementation: Juanita Myers, 212 Maple Park, Olympia, (360) 902-9665; and Enforcement: Neil Gorrell, 212 Maple Park, Olympia, (360) 902-9303.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have a disproportionate impact on small business.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Juanita Myers, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, phone (360) 902-9665, fax (360) 902-9799, e-mail jmyers@esd.wa.gov.
October 1, 2013
Nan Thomas
Deputy Commissioner
NEW SECTION
WAC 192-320-081 What constitutes an "event" for the purpose of determining if there is a pattern of failing to respond timely or adequately? (RCW 50.29.021(6))
(1) An event occurs if a benefit overpayment is created, and the employer or the employer's agent significantly contributed to the overpayment by failing to respond timely or adequately without good cause to the department's written request for information relating to a claim. (2) When deciding if an event has occurred, there must be a decision made by the department resulting in a benefit overpayment. (3) An event may occur even if the employer is not in the base year of the claim. (4) The department must examine past events which contributed to benefit overpayments when deciding if a pattern exists.
NEW SECTION
WAC 192-320-082 How will the department determine good cause exists for failing to respond timely or adequately? (RCW 50.29.021(6))
(1) The department may find that good cause exists in certain situations when the employer fails to respond due to an unforeseen event outside of the employer's or the employer's agent's control, such as: (a) The death or serious illness of the employer; (b) Destruction of the employer's place of business or business records not caused by, or at the direction of, the employer or the employer's agent; (c) Fraud or theft against the employer. (2) The employer is responsible to provide all pertinent facts and evidence or documentation for the department to determine good cause.
NEW SECTION
WAC 192-320-083 What is a written request for information? (RCW 50.29.021(6))
For the purposes of this chapter, a written request for information relating to a claim is a paper or electronic transmission by the department requesting information from an employer or an employer's agent.
NEW SECTION
WAC 192-320-084 What is an employer's agent? (RCW 50.29.021(6))
For the purposes of this chapter, the employer's agent is the employer's designated representative responsible for providing information to the department.
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