WSR 20-24-026
EMERGENCY RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed November 20, 2020, 9:04 a.m., effective November 20, 2020, 9:04 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: To permit individuals who are reopening unemployment claims to backdate the reopening date "for the convenience of the department," as that term is defined by WAC 192-110-095 (2)(b).
Citation of Rules Affected by this Order: Amending WAC 192-110-050.
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 March and April 2020, the employment security department (ESD) saw an unprecedented surge in unemployment claims as a result of restrictions adopted to prevent the spread of COVID-19. After this initial surge, many claimants returned to work over the summer months as restrictions were eased across the state. Then on November 15, 2020, the governor issued Proclamation 20-25.8, which increased restrictions in order to slow the spread of rapidly increasing COVID-19 cases in the state and ensure that hospital and medical systems are not overwhelmed. Therefore, ESD is anticipating a surge in requests by individuals to reopen their initial claims. Under the current version of WAC 192-110-050, ESD cannot backdate a reopening date unless a claimant shows good cause for not reopening their claim earlier. Permitting ESD to backdate the reopening date "for the convenience of the department" will give ESD the flexibility needed to backdate a reopening date in situations where it is difficult or impossible for ESD to accept a timely application, such as lack of available staff or equipment breakdowns.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: November 20, 2020.
Dan Zeitlin
Policy Director
AMENDATORY SECTION(Amending WSR 16-21-013, filed 10/7/16, effective 11/14/16)
WAC 192-110-050How do I reopen my claim?
(1) If you have stopped claiming for more than four consecutive weeks for any reason, you must reopen your claim.
(a) You may reopen your claim:
(i) By using the department's online services; or
(ii) By calling the unemployment claims center.
(b) You must reopen your claim before the end of the week.
(2)(a) Your claim will be reopened effective on Sunday of the week in which you contact the department to reopen your claim, unless you ask the department to backdate your reopening date to a prior week.
(b) The department ((will not))may backdate your reopening date ((unless you show good cause for not reopening your claim earlier, except)):
(i) For "good cause," as that term is defined by WAC 192-110-095 (2)(a);
(ii) For "the convenience of the department" as that term is defined by WAC 192-110-095 (2)(b); or
(iii) As provided in WAC 192-140-005.