WSR 20-15-118
EMERGENCY RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed July 17, 2020, 8:51 a.m., effective July 17, 2020, 8:51 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: In March of 2020, Congress passed the Families First Coronavirus Response Act that, among other things, authorized and funded extended unemployment benefits in response to the COVID-19 pandemic. The department is adopting an emergency rule in order to align state rules with federal rules and guidance regarding suitable work for extended benefits.
Citation of Rules Affected by this Order: Amending WAC 192-240-025.
Other Authority: 20 C.F.R. § 615.8 (e)(5)(ii), (f)(2)(ii); Unemployment Insurance Program Letter No. 14-81 (Feb. 2, 1981).
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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: As a federal-state program, Washington is required to conform with United States Department of Labor (USDOL) guidance or risk federal funding. The Families First Coronavirus Response Act provides federal funding for extended unemployment benefits in response to the COVID-19 pandemic. If the department does not align state rules with USDOL guidance, those funds may be in jeopardy.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 17, 2020.
Dan Zeitlin
Policy Director
AMENDATORY SECTION(Amending WSR 07-22-055, filed 11/1/07, effective 12/2/07)
WAC 192-240-025
Failure to apply for or accept suitable work—RCW 50.22.020 (4)(b)—Extended benefits.(1) You will be denied extended benefits if you fail:
(a) To accept any offer of suitable work as defined in WAC 192-240-020 if the job was:
(i) Offered to you in writing; or
(ii) Listed with the department.
(b) To accept a referral, or to apply for suitable work, when referred by your local employment center, if the job was:
(i) Offered to you in writing((,)); or
(ii) Listed with the department.
(2) The denial is for the week in which the refusal occurs and until you work in four weeks and earn four times your weekly benefit amount.