EMPLOYMENT SECURITY DEPARTMENT

[Filed June 4, 2019, 11:50 a.m., effective July 22, 2019]

Effective Date of Rule: July 22, 2019.

Purpose: As recommended by Unemployment Insurance Program Letter No. 3-17 (December 8, 2016), the department is implementing an automated scheduling service to allow claimants to self-schedule the dates they will receive reemployment services. The rules need to be adjusted to reflect a more flexible scheduling approach.

Citation of Rules Affected by this Order: Amending WAC 192-140-090.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040 provide general rule-making authority to the employment security department.

Adopted under notice filed as WSR 19-03-165 on January 23, 2019.

A final cost-benefit analysis is available by contacting Scott E. Michael, P.O. Box 9046, phone 360-902-9587, fax 360-902-9662, TTY relay 711, email rules@esd.wa.gov, web site https://esd.wa.gov/newsroom/ui-rule-making/automated-scheduler.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 4, 2019.

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 work 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)).