WSR 24-21-047
PREPROPOSAL STATEMENT OF INQUIRY
EMPLOYMENT SECURITY DEPARTMENT
[Filed October 9, 2024, 11:00 a.m.]
Subject of Possible Rule Making: The employment security department (department) is seeking to amend WAC 192-150-110 Mandatory military transfers—RCW 50.20.050 (2)(b)(iii), to expand the definition of military so that all members of the United States Armed forces qualify.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.050.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 192-150-110 provides guidance on the requirements for establishing good cause to quit work if an individual quits work to relocate for their spouse or domestic partner's employment that is due to a mandatory military transfer. Currently, WAC 192-150-110(3) defines military as including the following: United States Navy, Army, Air Force, Marine Corps, Coast Guard, activated reserve members of any of these service branches, activated members of the National Guard, commissioned officers of the National Oceanographic and Atmospheric Administration, and commissioned officers of the regular or reserve corps of the United States Public Health Service.
This list of military branches in WAC does not include the United States Space Force. Space Force was founded in 2019 and now has over 14,000 military and civilian personnel. Although it is organized under the department of the Air Force, it is a separate and distinct branch of the armed services. The department would like to amend WAC 192-150-110 to expand the definition of military so that it explicitly includes all members of the United States Armed Forces.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (USDOL) reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of the unemployment insurance laws so long as conformity is maintained. The proposed regulations will be shared with USDOL prior to adoption.
Process for Developing New Rule: Draft rules will be shared with the public and stakeholders. The department will solicit input from all parties and consider all comments in the development of final rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lawrence Larson, P.O. Box 9046, phone 425-465-0313, fax 844-652-7096, TTY relay 711, email esdgpuirules@esd.wa.gov, website https://esd.wa.gov/newsroom/rulemaking/.
October 9, 2024
Joy Adams, Director
Employment Security Policy