WSR 20-07-120
EMERGENCY RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed March 18, 2020, 11:05 a.m., effective March 18, 2020, 11:05 a.m.]
Effective Date of Rule: Immediately.
Purpose: The rule change addresses reemployment services impacted by WorkSource office closures due to COVID-19. The amended rule excuses claimants from participating in reemployment services at WorkSource locations when those locations are closed due to COVID-19 and there are no other alternatives.
Citation of Rules Affected by this Order: Amending WAC 192-140-090.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: In Proclamation 20-05, Governor Inslee proclaimed a State of Emergency in Washington regarding COVID-19. The proclamation directs agencies and departments to support the department of health and local officials in alleviating the impacts to people, property, and infrastructure across the state.
The federal Reemployment Services and Eligibility Assessment Program provides certain requirements for claimants in order to remain eligible for unemployment benefits. The rule change adds an exemption to reemployment scheduling for situations where the appointed WorkSource office is closed due to COVID-19.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 18, 2020.
Dan Zeitlin
Employment Security Policy Director
AMENDATORY SECTION(Amending WSR 19-12-091, filed 6/4/19, effective 7/22/19)
WAC 192-140-090
What 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. 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;
(c) Are participating in a training program approved by the commissioner; ((or))
(d) Are not able to attend due to the closure of the WorkSource office and the department cannot accommodate an alternative method to deliver the reemployment services; or
(e) Within the previous year have completed, or are currently scheduled for or participating in, similar services.
(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;
(c) Successful job search attitudes;
(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.
(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
(c) Severe weather conditions.