WSR 13-14-097 PREPROPOSAL STATEMENT OF INQUIRY EMPLOYMENT SECURITY DEPARTMENT [Filed July 2, 2013, 9:00 a.m.]
Subject of Possible Rule Making: Adopt rules in chapter 192-230 WAC, Recovery of overpayments and chapter 192-220 WAC, Overpayment notice, assessment and fraud to implement sections 1 and 2 of SB 5355. The bill requires that a penalty of not less than fifteen percent of the amount of benefits overpaid or deemed overpaid by an individual be assessed against a person who makes a false statement or representation in an attempt to obtain UC (unemployment) benefits. This penalty and the first fifteen percent of the penalty imposed on repeat offenders are deposited into the UI trust fund. The need to amend or repeal existing rules may be identified through the rule-making process.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making will implement chapter 189, Laws of 2013 (SB 5355, sections 1 and 2) related to implementing the unemployment insurance integrity provisions of the Federal Trade Adjustment Assistance Extension Act of 2011. The topics for rule making that have been identified to date include providing for a fraud penalty on the first offense, clarifying the priority of payment procedures for penalties required to be deposited into the UI trust fund and defining the term "equity and good conscience." Other topics will be identified through the rule-making process.
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 UI program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of UI laws as long as conformity is maintained. The proposed rules will be shared with USDOL prior to adoption.
Process for Developing New Rule: The proposed rules will be shared with stakeholders identified in the rule-making process. We will solicit input from stakeholders and consider all written comments in the development of the final rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Juanita Myers, Unemployment Insurance Rules Manager, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 902-9799, e-mail jmyers@esd.wa.gov. Please include your name, organization (if any), mailing address, e-mail address and telephone number.
June 28, 2013
Nan Thomas
Deputy Commissioner
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