WSR 20-08-035
[Filed March 24, 2020, 9:40 a.m.]
Continuance of WSR 20-05-037.
Preproposal statement of inquiry was filed as WSR 19-20-053.
Title of Rule and Other Identifying Information: WAC 192-04-180 and a new section, DecisionsDisposition other than by hearing on the meritsPetition for review, and Orders of defaultMotion to vacatePetition for review. The public hearing is being rescheduled as a remote hearing due to COVID-19 concerns.
Hearing Location(s): On May 7, 2020, at 10:00 a.m., telephone conference, call 360-407-3790. When prompted for the Conference ID number, press 51750 and then the # key.
Date of Intended Adoption: May 9, 2020.
Submit Written Comments to: Joshua Dye, P.O. Box 9046, Olympia, WA 98507-9046, email, fax 844-652-7096, by May 6, 2020.
Assistance for Persons with Disabilities: Contact Teresa Eckstein, phone 360-507-9890, fax 360-586-4600, TTY relay 711, email, by April 30, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To permit appellants who have received an order of default to file a motion to vacate the order of default directly with the office of administrative hearings.
Reasons Supporting Proposal: Giving appellants who received an order of default the option to file a motion to vacate the order of default directly with the office of administrative hearings will allow for more timely review of orders of default, which, if the order of default is vacated, will also lead to more timely resolution of the merits of the underlying appeal.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040 provide general rule-making authority to the employment security department. RCW 50.32.060 provides authority for rule making for hearings and appeals. RCW 34.05.440 provides rule-making authority for establishing time limits for filing motions to vacate default orders.
Statute Being Implemented: RCW 34.05.440, 50.32.070, 50.32.080.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Employment security department; office of administrative hearings, governmental.
Name of Agency Personnel Responsible for Drafting: Scott Michael, Olympia, 360-890-3448; Implementation: Brendon Tukey, Spokane Valley, 509-742-5729; and Enforcement: Don Westfall, Lacey, 360-507-9709.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are "procedural rules" and not "significant legislative rules," as those terms are defined in RCW 34.05.328(5).
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(3) as the rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
March 24, 2020
Dan Zeitlin
Employment Security Policy Director