Subject of Possible Rule Making: The employment security department is seeking to implement public disclosure and privacy rules in accordance with requirements determined by ESB 5439 (chapter 81, Laws of 2019). This rule making is not intended to implement SHB 1399 (2019) or update the existing procedures governing public records requests made to the department and the operation of the department's public records office under the Public Records Act, chapter 42.56 RCW, as that will be implemented through a separate rule making.

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. Section 2, chapter 81, Laws of 2019, and RCW 50.13.030 provides the department with specific rule-making authority regarding the privacy of the department's records.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The employment security department must implement ESB 5439 as directed by the legislature. As part of that implementation, this rule making seeks to provide clear and usable guidance for the public regarding program operations including data-sharing, privacy, and other topics related to session law implementation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (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. The employment security department 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 Joshua Dye, P.O. Box 9046, phone 360-890-3472, fax 844-652-7096, TTY relay 711, email rules@esd.wa.gov, web site https://esd.wa.gov/newsroom/rulemaking/other.