EMPLOYMENT SECURITY DEPARTMENT

[Filed January 23, 2019, 9:58 a.m.]

Preproposal statement of inquiry was filed as WSR 18-23-028.

Title of Rule and Other Identifying Information: Modifying requirements for claimant directives to participate in reemployment services under RCW 50.20.010 (1)(e), amending WAC 192-140-090.

Hearing Location(s): On February 26, 2019, at 8:00-9:00, at the Employment Security Department, 212 Maple Park Avenue S.E., Maple Leaf Conference Room, Olympia, WA 98501.

Date of Intended Adoption: February 27, 2019.

Submit Written Comments to: Scott E. Michael, P.O. Box 9046, email rules@esd.wa.gov, fax 360-902-9662, by February 26, 2019.

Assistance for Persons with Disabilities: Contact Teresa Eckstein, phone 360-902-9354, fax 360-586-4600, TTY relay 711, email teckstein@esd.wa.gov, by February 21, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules will amend existing rules in order to permit claimants to select the dates they will participate in reemployment services, set forth when claimants will be ineligible for unemployment benefits if they do not schedule a date to receive reemployment services, and exempts individuals in commissioner-approved training from mandatory participation in reemployment services.

Reasons Supporting Proposal: As set forth in Unemployment Insurance Program Letter No. 3-17 (Dec. 8, 2016), the United States Department of Labor strongly recommends unemployment agencies implement an automated scheduling service to allow claimants to self-schedule the dates they will participate in reemployment services in order to increase the number of claimants who participate in reemployment services.

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, 50.20.010.

Statute Being Implemented: RCW 50.20.010 (1)(e).

Rule is necessary because of federal law, Unemployment Insurance Program Letter 3-17 (Dec. 8, 2016).

Name of Proponent: Employment security department, governmental.

Name of Agency Personnel Responsible for Drafting: Scott E. Michael, Olympia, Washington, 360-902-9587; Implementation: Kelly Lindseth, Olympia, Washington, 360-902-9762; and Enforcement: Julie Lord, Olympia, Washington, 360-902-9579.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Scott E. Michael, P.O. Box 9046, Olympia, WA 98507-9046, phone 360-902-9587, fax 360-902-9662, TTY relay 711, email rules@esd.wa.gov, https://esd.wa.gov/newsroom/ui-rule-making/automated-scheduler.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed rule does not affect small businesses because the proposed rule only governs how reemployment services for unemployment claimants are scheduled. The proposed rule does not require small businesses to do anything or forbid a small business from doing anything. The goal of these regulations is to make it more likely a claimant can participate in reemployment services, which will make it more likely a claimant returns to work sooner, which will reduce benefit charges for all businesses, large and small, which will reduce unemployment tax rates for all businesses, large and small.

Daniel Zeitlin, Director

Employment System Policy

AMENDATORY SECTION(Amending WSR 16-21-013, filed 10/7/16, effective 11/14/16)

WAC 192-140-090What happens if I do not schedule or report for reemployment services as provided in RCW 50.20.010 (1)(e)?

(1) Written directives.

(a) The commissioner may direct you in writing to schedule a time to report in person for reemployment services. (((1)))The written directive will contain a deadline by which you must schedule and participate in reemployment services.

(b) If you fail to schedule a time to participate in reemployment services by the deadline, you will be ineligible to receive benefits for the week containing the date of the deadline, unless you show justifiable cause.

(c) If you fail to participate in reemployment services at the time you scheduled, you will be ineligible to receive benefits for the week containing the time you scheduled, unless you show justifiable cause.

(d) The department may verify the reasons you failed to schedule or participate in reemployment services. In all such cases, your ability to or availability for work may be questioned.

(2)Exceptions. You will not be required to participate in reemployment services if you:

(a) Are a member of a full referral union and are eligible for dispatch and referral according to union rules;

(b) Are attached to an employer as provided in WAC 192-180-005; ((or))

(d) Within the previous year have completed, or are currently scheduled for or participating in, similar services.

(((2)))(3)Minimum services. The services will consist of one or more sessions which include, but are not limited to:

(a) Local labor market information;

(b) Available reemployment and training services;

(d) Self assessment of job skills and interests;

(e) Job interview techniques;

(f) The development of a resume or fact sheet; and

(g) The development of a plan for reemployment.

(((3) Penalty. If you have received a directive, and fail to participate in reemployment services during a week, you will be disqualified from benefits for that week unless justifiable cause is demonstrated.))

(4) Justifiable cause. Justifiable cause for failure to schedule or participate in reemployment services as directed will include factors specific to you which would cause a reasonably prudent person in similar circumstances to fail to schedule or participate in reemployment services. Justifiable cause includes, but is not limited to:

(a) Your illness or disability or that of a member of your immediate family;

(b) Conflicting employment or your presence at a job interview scheduled with an employer; or

Reasons for absence may be verified. In all such cases, your ability to or availability for work is in question)).