WSR 14-06-019 PERMANENT RULES EMPLOYMENT SECURITY DEPARTMENT [Filed February 24, 2014, 10:53 a.m., effective March 27, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 192-120-010 is amended to provide that the department will no longer send by regular mail a claimant information booklet to every individual who files a claim for unemployment benefits. Instead, claimants will be e-mailed a notice providing a link to the handbook. If the department is unable to send the notice by e-mail, it will be sent by regular mail. Hard copies of the booklet remain available upon request. The department will prominently display a link to the booklet on its web site.
WAC 192-270-035 is amended to clarify that the time frames for submitting a training plan and enrolling are based on the date of e-mailing or mailing the informational notice, rather than the claimant information booklet.
Citation of Existing Rules Affected by this Order: Amending WAC 192-120-010 and 192-270-035
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.
Adopted under notice filed as WSR 14-02-007 on December 19, 2013.
Changes Other than Editing from Proposed to Adopted Version: Minor changes in WAC 192-270-035 to make it more consistent with WAC 192-120-010. The changes are not substantial and do not change the effect of the amended rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 1.
Date Adopted: February 24, 2014.
Nan Thomas
Deputy Commissioner
AMENDATORY SECTION (Amending WSR 99-08-073, filed 4/5/99, effective 5/6/99)
WAC 192-120-010 Claimant information booklet.
(1) The department will publish and post on its web site an information ((for claimants)) booklet((, form number EMS 8139, to)) for unemployment insurance claimants that provides basic information on the laws, rules, and procedures ((about claims)) for unemployment insurance benefit((s)) claims. Single copies of the booklet will be available to the public at no charge.
(2) ((Each person)) The department will send claimants who file((s)) an application for benefits ((will be mailed a copy of the most recent version of the information for claimants booklet.
(3) Each person who is mailed a copy of the information booklet will be responsible for filing claims in accordance with its instructions.
(4) A replacement booklet will be mailed to any person who requests one.
(5) Each person who is mailed a booklet is responsible for reporting and filing claims according to the information)) a link to the booklet by e-mail or other electronic means. If the department does not have the ability or authorization to notify a claimant by e-mail or other electronic means, the department will mail the claimant a written notice containing the web address for the booklet. The department will mail a hard copy of the booklet to any claimant who requests it.
(3) The department will maintain a brief descriptive web address to help claimants locate the booklet online. The link to the booklet will be prominently displayed on the department's web site.
(4) Each claimant is responsible for filing weekly claims and following all instructions as required in the booklet for the duration of the claim unless other specific information is given to the ((person)) claimant in writing.
(((6))) (5) The department will assist any person who ((may have)) advises the department that he or she is having difficulty understanding the booklet.
(((7))) (6) If ((you fail to)) a claimant does not ask for help in understanding the booklet, ((you)) he or she will be presumed to understand its contents and held responsible for any failure to act as directed by the booklet.
AMENDATORY SECTION (Amending WSR 12-09-025, filed 4/6/12, effective 7/1/12)
WAC 192-270-035 Time frames.
(1) Information about training benefits will be included in the ((claimant information booklet)) informational notice mailed or e-mailed to you at the time you file your application for unemployment benefits (see WAC 192-120-010). For purposes of subsections (2) and (3) of this section, the ((claimant information booklet)) informational notice is considered your notification of the eligibility requirements for the training benefits program.
(2) Submitting a training plan.
Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), you have 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 ninety-five calendar days from the date your application for benefits is filed, which represents ninety days plus five days for the ((booklet to reach you by mail)) informational notice to reach you if sent by regular mail.
(3) Enrollment in training.
Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), you must be enrolled in training 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 one hundred twenty-five calendar days from the date your application for benefits is filed, which represents one hundred twenty days plus five days for the ((booklet to reach you by mail)) informational notice to reach you if sent by regular mail.
(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 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 time frames established under this section.
(6) If you return to work, and subsequently become unemployed, the time frames described in subsections (2) and (3) begin with the date you file your additional claim for benefits.
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