WSR 19-18-010

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT

[Filed August 26, 2019, 9:04 a.m.]

Subject of Possible Rule Making: The employment security department (ESD) is seeking to implement public disclosure and privacy rules, update the existing procedures governing public records requests made to the department, and clarify the operation of the department's public records office under the Public Records Act.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040 provide general rule-making authority to ESD. Section 2, chapter 81, and section 72, chapter 13, Laws of 2019, provide the department with specific rule-making authority regarding the privacy of the department's records. RCW 42.56.070 and 42.56.100 provide all agencies with the authority to establish rules regarding public access to agency records.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESD seeks to provide clear and usable guidance for the public regarding program operations including public disclosure and privacy information.

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: Draft rules will be shared with the public and stakeholders. The department will solicit input from all parties and consider all comments in the development of final rules.

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/benefits.

August 26, 2019

Dan Zeitlin, Director

Employment Security Policy