WSR 13-24-108 PERMANENT RULES EMPLOYMENT SECURITY DEPARTMENT [Filed December 3, 2013, 2:43 p.m., effective January 3, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: The rules implement statutory changes providing that employers are not eligible for relief of benefit charges to their unemployment insurance account if the employer or employer's agent has established a pattern of failing to respond timely or adequately to a written request for information from the department.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.
Adopted under notice filed as WSR 13-20-124 on October 1, 2013.
A final cost-benefit analysis is available by contacting Juanita Myers, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, phone (360) 902-9665, fax (360) 902-9011, e-mail jmyers@esd.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0.
Date Adopted: December 3, 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 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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