WSR 13-24-079 PROPOSED RULES EMPLOYMENT SECURITY DEPARTMENT [Filed December 2, 2013, 3:33 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-20-115.
Title of Rule and Other Identifying Information: WAC 192-04-060, regarding petitions for review; WAC 192-120-035, regarding notifying claimants regarding a question about their eligibility for benefits; WAC 192-130-050 and 192-130-065, related to notices and mailing addresses for employers when a claim for benefits is filed.
Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 212 Maple Park Avenue S.E., Olympia, WA, on January 9, 2014, at 10:30 a.m.
Date of Intended Adoption: January 13, 2014.
Submit Written Comments to: Pamela Ames, P.O. Box 9046, Olympia, WA 98507-9046, e-mail pames@esd.wa.gov, fax (360) 902-0911, by January 8, 2014.
Assistance for Persons with Disabilities: Contact Kintu Nnambi by January 8, 2014, TTY (800) 833-6384 or (360) 725-9454.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules provide that the department may file a petition for review of a decision issued by the office of administrative hearings, in common with other interested parties to the decision. The rules also specify how notice of eligibility questions will be provided to individuals who file a claim on the internet; the rule already specifies how such notice will be provided for individuals filing by phone. They also clarify the mailing procedures for the notice to employer required by statute.
Reasons Supporting Proposal: The department is authorized to petition for review of an adverse decision issued by the office of administrative hearings. Procedures for providing claimants and employers with required notices are clarified.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.
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. There is no disproportionate impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. The rules clarify notice procedures and permit the department to petition for review of adverse administrative decisions. They do not meet the definition of significant legislative rules under RCW 34.05.328.
December 2, 2013
Nan Thomas
Deputy Commissioner
AMENDATORY SECTION (Amending WSR 10-20-082, filed 9/29/10, effective 10/30/10)
WAC 192-04-060 Appeals—Petitions for hearing—Petitions for review—Time limitation.
(1) Appeals and petitions for hearing. Any interested party who is aggrieved by any decision of the department set forth in WAC 192-04-050 or for which the department has provided notice of appeal or petition for hearing rights may file a written appeal or petition for hearing by mailing it or sending it by fax to the address or fax number indicated on the determination notice or other appealable document. The appeal or petition for hearing must be filed within thirty days of the date the decision is delivered or mailed, whichever is the earlier. The appeal and/or petition for hearing shall be filed in accordance with the provisions of RCW 50.32.025. (2) Petitions for review. Any interested party ((other than the department)) who is aggrieved by a decision of the office of administrative hearings, other than an order approving a withdrawal of appeal, an order approving a withdrawal of a petition for hearing, a consent order, or an interim order, may file a written petition for review in accordance with the provisions of WAC 192-04-170. The petition for review must be filed within thirty days of the date of delivery or mailing of the decision of the office of administrative hearings, whichever is the earlier. The petition for review shall be filed in accordance with the provisions of RCW 50.32.025.
REPEALER
The following section of the Washington Administrative Code is repealed:
AMENDATORY SECTION (Amending WSR 99-08-073, filed 4/5/99, effective 5/6/99)
WAC 192-120-035 How will adequate notice be provided?
(1) ((A written notice will be mailed to your most recent address in our files; or (2))) When you file your weekly claim for benefits by telephone, you will receive a verbal notice if there is a question about your eligibility for benefits. When you file your weekly claim for benefits by internet, a statement will be printed online that there is a question about your eligibility for benefits. (2) If you do not ((reply)) contact the department by the last working day of the week in which your claim was filed, a written notice will be mailed to ((you)) your most recent address in our files. The date by which you must reply to this written notice will be no earlier than reasonable mailing time plus five working days, starting from the date your weekly claim for benefits was filed.
AMENDATORY SECTION (Amending WSR 98-14-068, filed 6/30/98, effective 7/31/98)
WAC 192-130-050 Notice of filing of application—RCW 50.20.150.
(((1))) Whenever an individual files an initial application for unemployment benefits, or reopens a claim after subsequent employment, a notice will be mailed to the applicant's most recent employer as stated by the applicant. Any employer who receives such a notice and has information which might make the applicant ineligible for benefits shall report this information to the employment security department at the address indicated on the notice within ten days of the date the notice was mailed. If the employer does not reply within ten days, the department may allow benefits to the individual, if he or she is otherwise eligible. (((2) If an employer reports information which it claims makes an individual ineligible for benefits, the department will issue a written decision regarding the individual's eligibility and mail a copy to the employer.))
AMENDATORY SECTION (Amending WSR 10-11-046, filed 5/12/10, effective 6/12/10)
WAC 192-130-065 Mailing addresses for notice to employer.
The department will mail notices to employers required by RCW 50.20.150 and WAC 192-130-060 as follows: (1) The department will mail the notice to the last employer of the claimant ((as follows)) in the following order: (a) If the employer requests that the department mail correspondence related to unemployment benefits to a specific address, the department will mail the notice to the last employer directly to that address; or (b) If the employer has notified the department that the employer is represented for unemployment insurance purposes by an employer representative or cost control firm, the department will mail the notice to the last employer directly to that firm; or (((b))) (c) If an employer has provided the department with a mailing address for tax purposes, the department will mail the notice to the last employer directly to that address; or (((c))) (d) If the employer has not provided the department with a mailing address, the department will mail the notice to the last employer to the address provided by the claimant. (2) The department will mail the notice to any base year employer who has reported wages to the department to the employer's mailing address of record provided by the employer for tax purposes. (3) The notice to any other employer from whom the claimant has a potentially disqualifying separation (without sufficient subsequent employment to purge a separation disqualification) will be mailed ((to the address provided by the claimant)) in the order specified in subsection (1) of this section.
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