WSR 17-06-054 PERMANENT RULES EMPLOYMENT SECURITY DEPARTMENT [Filed February 28, 2017, 9:51 a.m., effective March 31, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: The United States Department of Labor (USDOL), Employment and Training Administration, notified the department that providing claimants with the option to have their payments held was inconsistent with federal law. The rule has been amended to strike subsections (2) and (3) which authorized claimants to have their conditional payments held until an eligibility decision is issued. With the amendment, claimants in continued claim status will be paid conditionally when their eligibility is questioned.
Citation of Existing Rules Affected by this Order: Amending WAC 192-120-050.
Adopted under notice filed as WSR 17-01-080 on December 15, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 24, 2017.
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.
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