WSR 23-19-006
PERMANENT RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed September 6, 2023, 3:59 p.m., effective October 7, 2023]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Currently, WAC 192-140-035 states that if an unemployment insurance claimant does not respond to a request for information, they are denied benefits "for an indefinite period of time" until they respond to the employment security department's (department) request for information. This rule amendment will explain the circumstances under which a claimant may requalify for benefits after previously being denied benefits due to failing to respond to a request for information from the department by formalizing two exceptions to the "indefinite period of time" time frame.
Citation of Rules Affected by this Order: Amending WAC 192-140-035.
Adopted under notice filed as WSR 23-14-118 on July 5, 2023.
A final cost-benefit analysis is available by contacting Stephanie Frazee, P.O. Box 9046, Olympia, WA 98507-9046, phone 425-465-0313, fax 844-652-7096, TTY relay 771 [711], email stephanie.frazee@esd.wa.gov, website https://www.esd.wa.gov/newsroom/ui-rulemaking/standard-occupational-code-reporting.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 1, 2023.
Joy Adams
Acting Director
Employment System Policy
and Integrity Division
OTS-4570.2
AMENDATORY SECTION(Amending WSR 10-11-046, filed 5/12/10, effective 6/12/10)
WAC 192-140-035What happens if I do not respond to a request for information?
(1) The department will presume that you are disqualified from benefits if you provide potentially disqualifying information, or fail to provide necessary information, and then do not respond to a request for specific information. The department will deny benefits under RCW
50.20.010.
(2) This denial is for an indefinite period of time and will continue until either:
(a) You provide the requested information;
(b) You qualify for a new, separate unemployment claim and the information requested under subsection (1) of this section is not relevant for your new claim; or
(c) The request for information was made pursuant to a quality control review under 20 C.F.R. § 602.11 and your response is no longer needed for the quality control review.
(3) Once you provide the requested information, the department may issue a redetermination under RCW
50.20.160. The department will issue a new decision allowing benefits if you provide enough information to establish your eligibility for benefits.