Subject of Possible Rule Making: The department is seeking to implement the public disclosure and privacy portions of SHB 1399 (2019) and to update the existing procedures governing public records requests made to the department and the operation of the department's public records office under the Public Records Act, chapter 42.56 RCW. This rule making is not intended to implement ESB 5439 (2019), as that will be implemented through a separate rule making; however, there may be some overlap between procedural rules adopted through this rule making as they relate to chapter 50.13 RCW.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010, 50.12.040, 50.13.030, 50A.04.215, and section 72, chapter 13, Laws of 2019.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The employment security department must implement SHB 1399 as directed by the legislature. As part of that implementation, this rule making seeks to provide clear and usable guidance for the public regarding program operations including data sharing, public records request fulfillment, privacy, and other topics related to session law implementation. Existing rules related to procedures governing public records requests and the department's public records office are also being modernized as part of this promulgation to increase clarity and usability.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No federal agencies and no other state agencies regulate the paid family and medical leave program as it is a new state entitlement with authority granted solely to the employment security department.

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, stakeholders, and the paid family and medical leave program's advisory committee. The department will solicit input from all involved parties and consider all 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 Christina Streuli, 640 Woodland Square Loop S.E., Lacey, WA 98503, phone 360-791-6710, TTY Teresa Eckstein, State EO Officer, 771 or 360-902-9354, email Rules@esd.wa.gov.