WSR 19-20-053

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT

[Filed September 26, 2019, 7:12 a.m.]

Subject of Possible Rule Making: Establishing an alternative procedure for appealing default decisions.

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. RCW 50.32.060 provides authority for rule making for hearings and appeals. RCW 34.05.440 provides rule-making authority for establishing time limits for filing motions to vacate default orders.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Creating a more efficient review process allows for appeals to be handled in a more timely manner.

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 Josh 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.

September 26, 2019

Dan Zeitlin

Employment Security

Policy Director