EMPLOYMENT SECURITY DEPARTMENT

[Filed June 21, 2024, 7:38 a.m.]

Preproposal statement of inquiry was filed as WSR 24-08-006.

Title of Rule and Other Identifying Information: Amending WAC 192-140-035 What happens if I do not respond to a request for information?

Hearing Location(s): On August 15, 2024, at 10:00 a.m., Zoom https://esd-wa-gov.zoom.us/j/89485884233?pwd=VlQ9rBuDpkiOfVgolNv6LmaDdrCnri.1, Meeting ID 894 8588 4233, Passcode 689782; or One-tap mobile +12532158782,,89485884233#,,,,*689782# US (Tacoma), +12532050468,,89485884233#,,,,*689782# US.

Date of Intended Adoption: August 16, 2024.

Submit Written Comments to: Lawrence Larson, P.O. Box 9046, Olympia, WA 98507-9046, email esdgpuirules@esd.wa.gov, fax 844-652-7096, by August 15, 2024.

Assistance for Persons with Disabilities: Contact Teresa Eckstein, phone 360-507-9890, fax 360-586-4600, TTY relay 711, email Teresa.eckstein@esd.wa.gov, by August 8, 2024.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, WAC 192-140-035 is internally inconsistent because it sets forth a presumption of disqualification if a claimant fails to respond to a request for information. The rule then speaks of denial of benefits under RCW 50.20.010. RCW 50.20.010 is not a disqualification statute; it is a statute that sets out a claimant's eligibility requirements for unemployment benefits. Eligibility for benefits under RCW 50.20.010 is a determination related to filing a weekly claim, while disqualification from receiving benefits is for a specific period of time.

Reasons Supporting Proposal: Currently, WAC 192-140-035 is internally inconsistent because it sets forth a presumption of disqualification if a claimant fails to respond to a request for information. The rule then states that if a claimant fails to respond to a request for specific information, the employment security department (department) will deny unemployment benefits under RCW 50.20.010. RCW 50.20.010 is not a disqualification statute; it is a statute that sets out a claimant's eligibility requirements for unemployment benefits. Eligibility for benefits under RCW 50.20.010 is a determination related to filng a weekly claim, while disqualification from receiving benefits is for a specific period of time. Therefore, this rule making is needed to make WAC 192-140-035 consistent.

Statute Being Implemented: RCW 50.20.010.

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

Name of Proponent: Employment security department, governmental.

Name of Agency Personnel Responsible for Drafting: Lawrence Larson, Olympia, Washington, 360-890-3460; Implementation and Enforcement: J.R. Richards, Olympia, Washington, 360-463-1079.

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

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Lawrence Larson, P.O. Box 9046, Olympia, WA 98507-9046, phone 360-890-3460, fax 844-652-7096, TTY relay 771 [711], email esdgpuirules@esd.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The rule addresses how the department interacts with a claimant under certain situations. This rule making and WAC 192-140-035 do not place an obligation on businesses.

Scope of exemption for rule proposal:

Employment Security Policy Director

AMENDATORY SECTION(Amending WSR 23-19-006, filed 9/6/23, effective 10/7/23)

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 or ineligible for benefits if you provide information indicating you are potentially ((disqualifying information))disqualified from or ineligible for benefits, 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))based on this presumption.

(2) This denial is for an indefinite period of time and will continue until either:

(a) You provide the requested information;

(b) You qualify and are eligible 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 qualification and eligibility for benefits.