EMPLOYMENT SECURITY DEPARTMENT

[Filed March 31, 2020, 3:51 p.m.]

Preproposal statement of inquiry was filed as WSR 20-03-068.

Title of Rule and Other Identifying Information: Amending WAC 192-630-015 How will a determination be made about an employee's eligibility for benefits?

Hearing Location(s): On May 6, 2020, at 9:00 a.m. Conference call: (360)407-3780 // PIN: 507997#. Hearing is being held remotely due to COVID-19.

Date of Intended Adoption: On or after May 13, 2020.

Submit Written Comments to: April Amundson, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, email rules@esd.wa.gov, online portal https://www.opentownhall.com/portals/289/forum_home?phase=open, by May 6, 2020.

Assistance for Persons with Disabilities: Contact Teresa Eckstein, state EO officer, phone 360-480-5708, TTY 711, email TEckstein@esd.wa.gov, by April 29, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule amendment will provide guidance to interested parties regarding the notification they will receive when the department makes a determination on an employee's initial application for benefits.

Reasons Supporting Proposal: The rule amendment will ensure that employee privacy is protected by limiting the information provided to interested parties regarding a determination on approval or denial of eligibility.

Statutory Authority for Adoption: RCW 50A.05.060.

Statute Being Implemented: RCW 50A.15.020, 50A.15.050, and 50A.25.040.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Employment security department (ESD), paid family and medical leave division, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: April Amundson, Lacey, Washington, 360-485-2816

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. While the ESD is required to follow rule-making requirements outlined in RCW 34.05.328 (5)(a)(i), this amended rule does not qualify as a significant legislative rule under RCW 34.05.328 (5)(c)(iii). The rule is a procedural rule as defined in RCW 34.05.328 (5)(c)(i) that adopts a policy pertaining to the consistent internal operations of the agency. The rule is also an interpretive rule as defined in RCW 34.05.328 (5)(c)(ii) and sets forth the agency's interpretation of administering Title 50A RCW. The rule limits the information interested parties receive to a notification that employee eligibility has either been approved or denied.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The amended rule does not impose any additional requirements, reporting or otherwise, on businesses. The revisions are procedural and interpretive and limit the information interested parties receive to a notification that employee eligibility has either been approved or denied.

Policy and Rules Manager

AMENDATORY SECTION(Amending WSR 19-13-001, filed 6/5/19, effective 7/6/19)

WAC 192-630-015How will a determination be made about an employee's eligibility for benefits?

(1) When the department has issued a notice under WAC 192-630-005 the department will not make a determination on whether an employee qualifies for paid family or medical leave until all interested parties have had an opportunity to provide information about the question of eligibility by the due date indicated on the notice.

(2) If new facts are discovered before the determination is made, the department will provide interested parties with an opportunity to respond to the new information.

(3) After the department makes a determination, it will inform all interested parties ((will be provided with a copy of that determination))whether it has approved or denied the employee's application.

(4) If the department receives new and relevant information after a determination is made:

(a) The information will be considered by the department;

(b) Interested parties will be given an opportunity to respond, if necessary; and