WSR 17-01-081
EMERGENCY RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed December 15, 2016, 4:42 p.m., effective December 15, 2016, 4:42 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: WAC 192-120-050 will be amended to strike subsections (2) and (3). These sections permit claimants in continued claim status to request that their unemployment benefits be held while the department is making a decision regarding their eligibility for benefits.
Citation of Existing Rules Affected by this Order: Amending WAC 192-120-050.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.010 [50.12.040].
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: State unemployment insurance law must conform to federal law or employers risk the loss of federal tax credits and/or the department risks the loss of administrative funding. The United States Department of Labor (USDOL), Employment and Training Administration, has advised the department that providing claimants the option to have their benefits held is inconsistent with federal law as described in USDOL's Unemployment Insurance Program Letter No. 45-89. The emergency filing replaces the permanent rule that took effect November 14, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 14, 2016.
Dale Peinecke
Commissioner
AMENDATORY SECTION (Amending WSR 16-21-013, filed 10/7/16, effective 11/14/16)
WAC 192-120-050 Conditional payment of benefits.
(1) If you are a continued claim recipient and your eligibility for benefits is questioned by the department, you will be conditionally paid benefits without delay for any week(s) for which you file a claim for benefits, until and unless you have been provided adequate notice and an opportunity to be heard.
(2) ((At your request, we will hold conditional payments when you are eligible for conditional payment under WAC 192-100-070.
(3) Payment will be issued for any payments withheld under subsection (2) of this section if we determine you are eligible for benefits.
(4))) Conditional payments will not be made under the conditions described in WAC 192-140-200 and 192-140-210.