WSR 97-22-064

EMERGENCY RULES

EMPLOYMENT SECURITY DEPARTMENT

[Filed November 3, 1997, 3:41 p.m.]

Purpose: To amend provisions in chapter 192-32 WAC related to unemployment benefits for dislocated forest products workers and fin fishers, and adopt regulations regarding other services to dislocated forest products and salmon fishing workers, that are consistent with current state law.

Citation of Existing Rules Affected by this Order: Repealing WAC 192-32-015, 192-32-025, 192-32-120, and 192-32-125; and amending WAC 192-32-001, 192-32-010, 192-32-035, 192-32-045, 192-32-065, 192-32-095, and 192-32-105.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: During the 1997 legislative session, 2SHB 1201 amended RCW 50.22.090 and 50.12.270. These amendments are effective July 1, 1997. They necessitate the modification of provisions contained in chapter 192-32 WAC. These modifications could not be completed prior to the date the law became effective. This filing will modify the regulations so they do not conflict with the amended statute.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

October 30, 1997

Cindy Zehnder

Deputy Commissioner

TIMBER RETRAINING BENEFITS ((AND RELATED PROGRAMS))

AMENDATORY SECTION (Amending WSR 95-09-085, filed 4/19/95, effective 5/20/95)

WAC 192-32-001 Scope of chapter. This chapter ((is intended to)) governs ((the implementation of)) employment security department responsibilities ((relating to the implementation of)) for administering ((chapter 50.70 RCW and)) RCW 50.22.090. This includes the ((operation of programs authorized by these statutes and the)) determination of ((timber)) rural natural resources impact areas required by the ((statutes)) statute.

[Statutory Authority: RCW 50.12.010, 50.12.040 and 50.20.010. 95-09-085, 192-32-001, filed 4/19/95, effective 5/20/95. Statutory Authority: RCW 50.12.010, 50.12.040 and 1991 c 315 4. 91-20-012, 192-32-001, filed 9/20/91, effective 10/21/91.]

AMENDATORY SECTION (Amending WSR 95-09-085, filed 4/19/95, effective 5/20/95)

WAC 192-32-010 Definitions. For the purpose of this chapter:

(1) (("Actual job loss" means the absolute loss of jobs in SIC codes 24 as compared to the previous year as calculated by the department.

(2) "Actual or projected job loss" means the greater of actual job loss or projected job loss. The value of actual or projected job loss is that value released by the commissioner and filed for publication in the state register.

(3) "Annual unemployment rate" means the total unemployment rate calculated according to the method defined by the U.S. Department of Labor, Bureau of Labor Statistics. The information is considered available when released to the public by the commissioner of the employment security department. The value of the annual unemployment rate is that value released by the commissioner and filed for publication in the state register.

(4))) "Commissioner" means commissioner of the employment security department.

(((5))) (2) "Department" means the employment security department.

(3) "Displaced worker" means an individual who is unlikely to return to employment in his or her principal occupation or previous industry because of a diminishing demand within his or her labor market for his or her skills in the occupation or industry;

(((6))) (4) "Labor market" means the area in which workers of specific occupation customarily have found work. Labor market is based on the worker's place of residence and occupation.

(((7) "Lumber and wood products location quotient" is determined by dividing the percentage of the average covered employment in lumber and wood products (SIC code 24) in the county by the percentage of the average covered employment in lumber and wood products (SIC code 24) statewide. The information is considered available when released by the commissioner. The value of the location quotient is the value released by the commissioner and filed for publication in the state register.

(8) "Projected job loss" means the estimated job loss in SIC codes 24 in the current year, compared to the previous year, as calculated by the department from information provided by the department of natural resources.

(9) "Targeted county" means a county selected by the criteria of RCW 50.22.090(2).

(10))) (5) "Satisfactory progress" means maintaining a grade point average sufficient to graduate, and taking sufficient credit hours to complete the course of study within the time frame established under the approved training plan.

(6) "Timber retraining benefits," abbreviated TRB, means the additional unemployment insurance ((additional)) benefits authorized by RCW 50.22.090(3).

(((11))) (7) "Wages" means wages earned in employment as defined in chapter 50.04 RCW. This means that only wages in covered employment can be considered in determining if a worker has earned wages in employment in the forest products industry or in the fishing industry assigned Standard Industrial Code 0912.

[Statutory Authority: RCW 50.12.010, 50.12.040 and 50.20.010. 95-09-085, 192-32-010, filed 4/19/95, effective 5/20/95. Statutory Authority: RCW 50.12.010, 50.12.040 and 1991 c 315 4. 91-20-012, 192-32-010, filed 9/20/91, effective 10/21/91.]

AMENDATORY SECTION (Amending WSR 91-20-012, filed 9/20/91, effective 10/21/91)

WAC 192-32-035 Residence ((or employment)) in ((targeted county)) rural natural resources impact area at time of last separation from employment. (1) ((A worker who has)) If you met the ((county of)) residence ((or county of last employment)) requirements at the time ((of filing an)) you filed your initial claim for benefits, you ((will be considered to)) have met those requirements until you establish a new benefit year ((is established)), regardless of subsequent employment or relocation to another ((county)) area.

(2) ((A worker who has)) If you met the ((county of)) residence ((or county of last employment)) requirements ((at the time of filing an)) when you filed your initial claim, you ((will be considered to)) have met those requirements until a new benefit year is established, even if ((the county)) your residence ceases to ((be)) fall within a ((targeted county)) designated rural natural resource area.

(3) ((A worker who has not met)) If you did not meet the ((county of)) residence ((or county of last employment)) requirements ((at the time of filing)) when you filed a new claim, you may meet those requirements ((at the time of filing)) when you file an additional claim (reopened claim after subsequent employment) for benefits if((, at that time, the worker)) you ((worked or)) lived in a ((targeted county)) rural natural resource area at the time of your last separation from employment.

(((4) A worker who performs services in more than one county will be considered to have worked in a targeted county if any bona fide work is performed in a targeted county.))

[Statutory Authority: RCW 50.12.010, 50.12.040 and 1991 c 315 4. 91-20-012, 192-32-035, filed 9/20/91, effective 10/21/91.]

AMENDATORY SECTION (Amending WSR 95-09-085, filed 4/19/95, effective 5/21/95 [5/20/95])

WAC 192-32-045 Unlikely to return to employment. (1) For the purposes of paying timber retraining benefits, ((a worker)) you will have met the unlikely to return to work requirement of RCW 50.22.090 (4)(b)(ii) if the tests in subsections (2) and (3) of this section are met.

(2) ((He or she has)) You have:

(a) Become unemployed due to a permanent plant closure;

(b) Received a federal WARN act notice; or

(c) Received a notice of indefinite layoff as a result of a permanent reduction of operations at ((the worker's)) your place of employment; and

(3) ((His or her)) Your skills are in diminishing demand in ((his or her)) your principal occupation or previous industry.

(4) ((A worker)) Your will not be considered unlikely to return to work if ((he or she)) you:

(a) ((Is)) Are on standby from the principal employer;

(b) ((Has)) Have a definite date of recall with the principal employer within six months; or

(c) ((Is)) Are unemployed due to a regular seasonal layoff.

(((5) A worker who has been determined to be a dislocated worker by the local JTPA authority will be considered to have met the requirements of subsections (2) and (3) of this section.))

[Statutory Authority: RCW 50.12.010, 50.12.040 and 50.20.010. 95-09-085, 192-32-045, filed 4/19/95, effective 5/20/95. Statutory Authority: RCW 50.12.010, 50.12.040 and 1991 c 315 4. 91-20-012, 192-32-045, filed 9/20/91, effective 10/21/91.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

AMENDATORY SECTION (Amending WSR 91-20-012, filed 9/20/91, effective 10/21/91)

WAC 192-32-065 Training program application requirements. ((Required elements for a training program submission include)) (1) The following information must be included in your training program application:

(((1))) (a) Your name and Social Security account number ((of applicant));

(((2))) (b) Name of educational institution;

(((3))) (c) Address of educational institution;

(((4))) (d) Department of educational institution, if applicable;

(((5))) (e) Name of training program;

(((6))) (f) Description of training program, including remedial requirements if necessary;

(((7))) (g) Duration of training program;

(((8))) (h) Occupation(s) trained for;

(((9))) (i) Beginning enrollment date or place on waiting list and expected enrollment date;

(j) Verification of enrollment provided by the educational institution;

(((10))) (k) Release of information form authorizing the educational institution to release grades, attendance, and other measures of program progress to the department; and

(((11))) (l) Your signature ((of applicant)).

(2) WAC 192-12-180 and WAC 192-12-182 will be used to evaluate your training program application and any modifications made to your training plan.

[Statutory Authority: RCW 50.12.010, 50.12.040 and 1991 c 315 4. 91-20-012, 192-32-065, filed 9/20/91, effective 10/21/91.]

AMENDATORY SECTION (Amending WSR 91-20-012, filed 9/20/91, effective 10/21/91)

WAC 192-32-095 Satisfactory progress. ((A worker)) You will be determined to be making satisfactory progress in a training program if the educational institution certifies to the department that ((the worker is)) you are making satisfactory progress. This certification must be signed by the registrar or an equivalent person designated by the educational institution.

[Statutory Authority: RCW 50.12.010, 50.12.040 and 1991 c 315 4. 91-20-012, 192-32-095, filed 9/20/91, effective 10/21/91.]

NEW SECTION

WAC 192-32-100 Modifying a training plan. (1) You must notify the department immediately upon making a significant modification to your approved training plan. This includes changes in your course of study or major, training institution, projected start and completion dates, and enrolled credit hours. The department will review these changes to determine whether approval of your training plan will be continued.

(2) You may change your course of study or major one time. Your new course of study must be for an occupation or skill for which there are reasonable employment opportunities in the labor market in which you intend to seek work. Subsequent changes in your course of study or major will not be approved except in unusual individual circumstances.

(3) You may withdraw from training and reenroll at a later date one time. Subsequent applications to reenroll in a training program will not be approved except in unusual individual circumstances.

(4) The restriction in subsection (2) does not apply while you are enrolled in remedial training.

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AMENDATORY SECTION (Amending WSR 91-20-012, filed 9/20/91, effective 10/21/91)

WAC 192-32-105 Interstate claims. The additional benefit period for targeted ((counties)) rural natural resources impact areas applies only to ((counties)) areas within the state of Washington. Individuals filing interstate claims (with Washington as the liable state) may qualify for timber retraining benefits based on employment in the forest products industry or in the fishing industry assigned SIC 0912.

[Statutory Authority: RCW 50.12.010, 50.12.040 and 1991 c 315 4. 91-20-012, 192-32-105, filed 9/20/91, effective 10/21/91.]

NEW SECTION

WAC 192-32-130 Five weeks for work search following training. The five weeks of additional benefits provided by RCW 50.22.090 (3)(c) are available for work search activities following completion of or termination or withdrawal from training. Once you begin work, these additional benefits are not available during any subsequent period of unemployment.

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NEW SECTION

WAC 192-32-135 Thirteen weeks for remedial training. The thirteen weeks of additional benefits provided by RCW 50.22.090 (3)(d) are payable under the following conditions:

(1) The remedial training delayed the start date, or extended the completion date, of your approved training program; and

(2) The TRB benefits provided by RCW 50.22.090 (3)(b) have been exhausted; and

(3) You have not yet completed your approved training program.

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REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 192-32-015 Interpretive rule--Effective date of RCW 50.22.090.

WAC 192-32-025 Post training benefits.

WAC 192-32-120 Forest products workers.

WAC 192-32-125 Dislocated workers in timber impact areas.

NEW SECTION

WAC 192-33-005 Definitions--Dislocated workers. For the purposes of RCW 50.70.010:

(1) "Forest products worker" means an individual who has or had employment, either for wages or in self-employment, in the industries set forth in WAC 192-32-040.

(2) "Salmon fishing worker" means an individual who has or had employment, either for wages or self-employment, in the salmon industry. This includes employment in at least one of the industry line items listed within the following Standard Industrial Coded:

(a) Commercial salmon fishing (found within SIC 0912);

(b) Preparation of canned or cured salmon food products, including smoked, salted, dried, and pickled salmon products (found within SIC 2091);

(c) Preparation of fresh or frozen salmon products, including fish fillets or fish sticks (found within SIC 2092);

(d) Operation of boats or party fishing, in relation to salmon fishing (found within SIC 7999).

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 192-33-006 Dislocated workers in rural natural resources impact areas. (1) For the purposes of RCW 50.12.270, the term "dislocated workers in rural natural resources impact areas" includes:

(a) Dislocated forest products workers as defined in RCW 50.70.010(2) and WAC 192-32-120; and

(b) Dislocated salmon fishing workers as defined in RCW 50.70.010(4) and WAC 192-33-005.

(2) These individuals are persons who at the time of last separation from work, for either wages or self-employment, resided in a rural natural resources impact area and who:

(a) Have been terminated or received notices of termination from employment and are unlikely to return to employment as defined in WAC 192-32-045 in their principal occupation or previous industry because of a diminishing demand for their skills in that occupation or industry; or

(b) Are self-employed and have been displaced from their business because of diminishing demand for the business's services or goods.