WSR 18-08-052

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 30, 2018, 11:19 a.m.]

Subject of Possible Rule Making: Clarifying requirements for educational employees to qualify for unemployment benefits, specifically addressing modifications to the analysis of whether an education employee has a contract or reasonable assurance of continued employment, as well as clarifying eligibility requirements for educational employees with multiple employers.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040 provide general rule-making authority to the employment security department (ESD).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The federal Department of Labor (USDOL) issued new binding guidance to states regarding reasonable assurances between academic terms. In order to bring ESD into conformity with DOL [USDOL] rules, the legislature passed SHB 2703 and new rules will be necessary to insure full proper implantation and to provide more detailed guidance to employers and claimants.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDOL reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of the unemployment insurance laws so long as conformity is maintained. The proposed regulations will be shared with USDOL prior to adoption.

Process for Developing New Rule: The proposed rule will be shared with stakeholders as identified through the standard rule-making process. ESD will solicit input and consider all comments in the development of the final rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Christina Streuli, P.O. Box 9046, phone 360-902-9647, fax 360-902-9605, TTY Teresa Eckstein, State EO Officer, 711, 360-902-9354, email Cstreuli@esd.wa.gov, web site ESD.wa.gov.

March 30, 2018

Dale Peinecke

Commissioner