WSR 23-04-067
AGENDA
EMPLOYMENT SECURITY DEPARTMENT
[Filed January 30, 2023, 10:57 a.m.]
Semi-Annual Rule-Making Agenda
January - July 2023
The employment security department (ESD) prepares a semi-annual rule-making agenda in January and July each year to inform the public of expected upcoming rule changes. Pursuant to RCW 34.05.314, the agenda is published in the Washington State Register.
ESD encourages the public to be involved in the rule-making processes by attending public hearings and submitting comments on rules. To stay informed of our progress and be notified of any changes, please sign up for email notifications https://public.govdelivery.com/accounts/WAESD/subscriber/new. Additional rule-making information is available on the agency website at https://esd.wa.gov/newsroom/rulemaking.
Subject Matter orDivision
WAC Chapter or Sections
Purpose and Scope of Rule Making
Preproposal Notice
Filings (CR-101)
Proposed Rule and Public Hearing Filings (CR-102 or
CR-105 Expedited)
Permanent Rule Filing (CR-103)
Unemployment insurance benefits
WAC 192-310-010, 192-310-030, and 192-310-050
Requiring employers to include the standard occupational classification (SOC) code or job title of each worker in their quarterly tax reports (SHB 2308 - 2020).
Filed May 12, 2021, in WSR 21-11-031
Filed August 19, 2022, in WSR 22-17-110
Filed October 17, 2022, in WSR 22-21-094
Unemployment insurance benefits
WAC 192-240-025
Updates unemployment insurance qualifications for health care workers (ESSB 5190 - 2021).
Filed May 13, 2021, in WSR 21-11-052
Filed June 28, 2022, in WSR 22-14-049
Filed October 17, 2022, in WSR 22-21-093
Unemployment insurance benefits
WAC 192-110-095, 192-320-078, 192-320-082, 192-140-098, 192-150-055, 192-180-005, 192-180-025, 192-180-040, 192-270-065, 192-250-020, 192-250-045, 192-110-015, 192-310-030, 192-140-090, 192-04-210, 192-110-050, 192-320-072, 192-240-070, and 192-110-006
Expanding access to shared work by removing the requirement that an employer be legally registered in the state for at least six months. This is a supplemental filing to WSR 20-13-041.
Filed June 10, 2020, in WSR 20-13-041; March 10, 2021, in WSR 21-07-035; December in WSR 22-01-192
Filed June 22, 2022, in WSR 22-13-172
Filed August 19, 2022, in WSR 22-17-109
Unemployment insurance benefits
WAC 192-04-145
Adopting brief adjudicative proceedings.
Filed June 21, 2022, in WSR 22-16-008
Filed September 16, 2022, in WSR 22-19-059
Filed November 9, 2022, in WSR 22-23-064
Unemployment insurance benefits
WAC 192-150-180
Updating a cross-reference in RCW 50.20.050, regarding part-time quits.
 
Filed June 2, 2022
Filed September 7, 2022, in WSR 22-18-091
Unemployment insurance benefits
WAC 192-170-080
Updating eligibility for unemployment insurance benefit eligibility for claimants on a leave of absence.
Filed July 6, 2022, in WSR 22-15-002
Filed November 9, 2022, in WSR 22-23-065
Expected February 2023
Unemployment insurance benefits
To be determined
Updates work search requirements with new flexibility provided to ESD in SHB 1493 (2021).
Filed May 28, 2021, in WSR 21-12-067
To be determined
To be determined
Unemployment insurance benefits
WAC 192-100-070
Concerning conditional payments.
Filed October 24, 2022, in WSR 22-22-028
To be determined
To be determined
Unemployment insurance benefits
To be determined
Concerning the length of time a claimant is indefinitely denied benefits due to a failure to respond to a request for information.
To be determined
To be determined
To be determined
Unemployment insurance benefits
To be determined
Concerning overpayment waivers.
To be determined
To be determined
To be determined
Paid family and medical leave
WAC 192-520-010 and 192-610-025
Implementation of 2SSB 5649 (2022 legislation) regarding parties to collective bargaining agreements, new provisions for leave taken for the postnatal period or death of a child, and documentation requirements.
Filed March 31, 2022, in WSR 22-08-049
Filed June 22, 2022, in WSR 22-13-176
Filed August 8, 2022, in WSR 22-17-029
Paid family and medical leave
To be determined
Clarifying the definition of placement, correcting an out-of-date pointer to an RCW, elective coverage eligibility, designated representative, and employer reporting requirements. Topics may include other rules as necessary.
Filed October 17, 2022, in WSR 22-21-096
To be determined
To be determined
Long-term services and supports (WA Cares)
WAC 192-935-005 and 192-935-010
The third phase of rule making for initial implementation of Title 50B RCW regarding employer audits.
Filed November 2, 2021, in WSR 21-22-107
Filed August 3, 2022, in WSR 22-16-111
Filed September 28, 2022, in WSR 22-20-044
Long-term services and supports (WA Cares)
WAC 192-905-005, 192-905-006, 192-905-007, 192-905-010, 192-910-015, 192-915-005, and 192-915-015
Implementation of SHB 1732 and ESHB 1733 delaying the WA Cares fund program by 18 months and adding four new voluntary exemptions.
Filed March 30, 2022, in WSR 22-08-039
Filed August 3, 2022, in WSR 22-16-111
Filed September 28, 2022, in WSR 22-20-044
ESD is responsible for initiating rule making to implement new state laws, meet federal requirements, and to meet unforeseen circumstances. Because of this variability, this agenda is prepared for informational purposes only and any dates noted herein are planning estimates that are subject to change. Additional rule making can occur in addition to what is listed on the agenda.
This agenda does not constitute a rule or rule-making action. Any errors or omissions in this agenda do not affect the actual rules or rule-making notices filed with the office of the code reviser and published in the Washington State Register.
The rule-making process can appear complex. ESD has outlined the process on its website to help constituents understand and become involved https://www.esd.wa.gov/newsroom/rulemaking-process. If you have additional questions, please contact the agency rules coordinator, Scott E. Michael at 360-890-3448, or email at rules@esd.wa.gov.