WSR 00-04-091

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(WorkFirst Division)

[ Filed February 2, 2000, 10:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-16-097.

Title of Rule: WAC 388-310-1850 Washington State WorkFirst program, re-employ Washington workers.

Purpose: To amend the rule to clarify client eligibility (family size and income), timeliness in the fair hearing procedure, the availability of funding for bonus payments, and removing the restrictions around the timing of the cash incentive.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.050.

Statute Being Implemented: RCW 74.08.090 and 74.04.050.

Summary: Amend the rule to clarify client eligibility, timeliness in the fair hearing procedure, funding for bonus payments, and removing the restrictions around the timing of the cash incentive in the re-employ Washington workers program.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sandy Jsames, WorkFirst Division, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3239, e-mail JSAMESSM@DSHS.WA.GOV, fax (360) 413-3482.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Revises the section to provide clarification of client eligibility (family size and income), timeliness in the fair hearing procedure, and the availability of funding for bonus payments. This modification also increases positive client outcomes by removing the language regarding the timing of the cash incentives, and making the cash incentives available to participants for transitional work expenses.

Proposal Changes the Following Existing Rules: The proposal clarifies client eligibility (family size and income), timeliness in the fair hearing procedure, and the availability of funding for bonus payments. This modification also removes the language regarding the timing of the cash incentives, making the cash incentives available to participants for transitional work expenses.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes do not affect small businesses.

RCW 34.05.328 applies to this rule adoption. This rule fits the definition of a significant legislative rule. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that apply only to client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on March 7, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by February 25, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by March 7, 2000.

Date of Intended Adoption: No sooner than March 8, 2000.

January 27, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2673.6
AMENDATORY SECTION(Amending WSR 99-14-044, filed 6/30/99, effective 7/31/99)

WAC 388-310-1850
Re-employ Washington Workers (RWW).

(1) What is the Re-employ Washington Workers (RWW) program?

Re-employ Washington Workers (RWW) is an eight-week job search program administered by the employment security department to help low-income parents connect with jobs as rapidly as possible. The RWW program and services are offered at selected sites throughout Washington state. RWW participation satisfies unemployment insurance work search requirements while providing additional services and activities.

(2) Who can participate in RWW?

You can participate in RWW if:

(a) You are a Washington state resident; and

(b) You worked and earned enough to establish ((an)) a Washington unemployment insurance benefit claim (see RCW 50.04.030), regardless of why your job ended; and

(((b))) (c) Your family's income during the base year used to establish your unemployment insurance claim was not more than one hundred seventy-five percent of the federal poverty level ((during the time period on which your unemployment insurance claim is based; and

(c))) for your family's size. See WAC 388-290-400 for a definition of family and WAC 388-450-0030, 388-450-0025, and 388-450-0015 for definitions of income.

(d) You do not currently receive TANF or SFA cash assistance; and

(((d) You have))

(e) On the date your unemployment insurance application was filed, you had a dependent child under eighteen years of age living in your household; and

(f) The dependent child lives in your household more than fifty percent of the time.

(3) How do I get into RWW?

To get into RWW, you must first apply for unemployment insurance ((and establish an unemployment insurance benefit claim)). A job service specialist who has been trained to do the RWW program will screen your claim and contact you if it appears that you qualify. The RWW job service specialist will then determine your eligibility based on ((additional)) the criteria of subsection (2) using income and family information you provide.

(4) What happens when I participate in RWW?

(a) In addition to any unemployment insurance benefits you receive during your claim period, you also get:

(i) Intensive job referral services (including a thirty-hour, job search workshop within the first four weeks of participation, and access to the resource room);

(ii) Help with paying your child care costs under the working connections child care program (see chapter 388-290 WAC for program rules);

(iii) Support services to help you participate in work and RWW activities, following the guidelines in WAC 388-310-0800.

(b) ((You may also qualify for cash incentives if you meet the following requirements:

(i) You participate in the RWW program; and

(ii) Go to work within six weeks; and

(iii) Are still working twelve weeks later in a job that takes you off unemployment insurance)) RWW also provides cash incentives, within available funds, to encourage rapid re-employment.

(5) How much of a cash incentive can I receive?

((If you return to work with earnings high enough to make you ineligible for unemployment insurance benefits, you can receive a RWW cash incentive once during the time period your unemployment insurance claim is based on. Earnings are calculated in accordance with the unemployment insurance laws in RCW 50.04.320. The cash incentives are as follows:

CASH INCENTIVES
Average gross weekly

earnings

Employed within four weeks Employed in week five or six Employed in week seven or eight
At or above earnings from your last job* $300 $100 N/A**
Below the earnings from your last job* $200 $100 N/A**
*"Last job" means your most recent job that meets the definition of work in WAC 388-310-0400 (2)(a).

**Although you do not qualify for a cash incentive, you would continue to receive support services and child care assistance provided you continue to participate.

))You may receive a total of up to three hundred dollars in RWW cash incentives per unemployment insurance benefit year (that is, the one year period that begins on the date you filed your unemployment insurance application).

(6) What are the requirements to participate in RWW?

To be eligible for RWW program benefits, you must participate in RWW program activities, including:

(a) Attend a thirty-hour job search workshop as soon as possible (during your first four weeks in the program);

(b) Report to the RWW program site ((daily during the first four weeks and sign-in)) to get job leads((;

(c))) and meet with fellow job seekers to support and encourage each members' job search efforts (((sometimes called the RWW job club);

(d) Report to the RWW program site at least twice a week during weeks five to eight and sign-in to receive job leads)).

(7) Can I continue to participate in RWW if I don't find a job in eight weeks?

Your participation in RWW may be extended for an additional eight weeks if:

(a) You meet the participation requirements and

(b) RWW staff determine that an additional eight weeks of participation is likely to help you find a job.

(8) Can my RWW services be stopped once I enter the program?

If you do not follow RWW program requirements, RWW services will be stopped.

(9) What can I do if I ((disagree with a decision about my)) do not receive RWW services or benefits I think I should get?

If you ((disagree with the decision about your)) do not receive RWW services or benefits that you think you should get, you can:

(a) Ask an RWW job service specialist to take a statement from you ((explaining the reason you disagree)) asking for a written decision about the services or benefits.

(b) ((To determine if the decision was correct, the)) Local employment security department ((local job service center)) management will review your statement and let you know their decision, in writing, within fifteen days.

(c) If you disagree with the local management decision, you may request a ((final)) review by the employment security department regional office. You must request this review within thirty days of the local management decision.

(d) ((You may request a fair hearing under chapter 388-08 WAC)) The regional office will notify you in writing of their decision within fifteen days of receipt of your request.

(e) If you want to appeal the decision of the employment security department regional office, you may request a fair hearing under chapter 388-08 WAC. You must file your request for fair hearing within ninety days of the date you receive the regional office decision.

(10) Can I go back into the RWW program if ((there were interruptions in my participation)) I was dropped from the program?

((RWW job search is designed to last for eight consecutive weeks. If you stopped participating but you are now able and willing to participate, you may complete the balance of your eight-week job search activities and receive the related RWW services and benefits)) If you were dropped from the program, you may contact a RWW specialist to find out if you can resume RWW participation. You may resume RWW participation if the RWW specialist determines that:

(a) You have not exhausted your unemployment insurance benefits; and

(b) It has not been more than one year since you applied for unemployment insurance benefits.

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-14-044, 388-310-1850, filed 6/30/99, effective 7/31/99.]

Washington State Code Reviser's Office