WSR 98-16-032
AGENDA
EMPLOYMENT SECURITY
DEPARTMENT
[Filed July 30, 1998, 10:40 a.m.]
The Employment Security Department Rule-Making Agenda for July 1998, is submitted for filing in accordance with E2SHB 1032, section 206.
Rule-Making Agenda - July 1998
Subject: Filing Continued Claims by Telephone.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-005, 192-12-012, 192-12-141, 192-18-012, 192-23-800, 192-23-810, and 192-23-900. New sections in chapters 192-110 and 192-140 WAC.
Description of Intended Rule-Making Activity: The department has been piloting an interactive voice response system to allow unemployment insurance claimants to file weekly benefit claims by telephone. The amendments clarify agency procedures relative to claims that are filed by telephone. They also clarify how vacation pay will be treated, and the methods for notifying claimants of reductions for unavailability.
Expected Public Participation: Initially proposed as a pilot study, the department eventually used the agency study process. The findings of the study will be shared with interested parties prior to the permanent amendment of the rules.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101)- October 1995
Proposed Rule-Making (CR-102)- September 1998
Public Hearings - November 1998
Order Rule Adoption (CR-103) - December 1998
Effective Date - January 1999
Subject: Filing Initial Claims by Telephone.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-005, 192-12-130, 192-12-141, 192-12-150, 192-12-182, 192-23-002, 192-23-013, 192-23-018, 192-23-019, 192-24-001, and 192-24-020.
Description of Intended Rule-Making Activity: The department has been authorized by the legislature to accept initial unemployment benefit claims via telephone. The department will review all current regulations which require claimants to provide information in person or in writing and make changes necessary to facilitate telephone claims filings.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - September 1998
Proposed Rule-Making (CR-102) - December 1998
Public Hearings - January 1999
Order Rule Adoption (CR-103) - January 1999
Effective Date - February 1999
Subject: School Employees.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-16-051, 192-16-052, 192-16-057. New sections in chapter 192-210 WAC.
Description of Intended Rule-Making Activity: Amend rules defining terms for school employees, and clarifying "reasonable assurance" and "academic year" to conform to new legislation.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - March 1998
Proposed Rule-Making (CR-102) - October 1998
Public Hearings - November 1998
Order Rule Adoption (CR-103) - December 1998
Effective Date - January 1999
Subject: Unemployment Benefits for Pregnant and Disabled Claimants.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: New sections in chapter 192-170 WAC.
Description of Intended Rule-Making Activity: Adopt rules requiring the department to provide a directive to claimants who leave work due to pregnancy; treat disability resulting from pregnancy the same as other medical disabilities when determining eligibility for unemployment benefits; consider whether an employer offered reasonable accommodation before deeming a claimant unavailable for work; and not deem a pregnant claimant unavailable for work solely because of a voluntary leave of absence.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - May 1997
Proposed Rule-Making (CR-102) - September 1998
Public Hearings - October 1998
Order Rule Adoption (CR-103) - November 1998
Effective Date - December 1998
Subject: Predecessor/Successor Relationships and Reporting Requirements.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-072.
Description of Intended Rule-Making Activity: Amend WAC 192-12-072 to state that the transfer of employees to an employee leasing company is not a predecessor/successor relationship for UI contribution purposes. Add a section specifying the number of days a partial successor has in which to notify the department of the percentage transferred, and the consequences to the employer for failure to do so.
Expected Public Participation: Input will be solicited from interested parties during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - July 1997
Proposed Rule-Making (CR-102) - August 1998
Public Hearings - September 1998
Order Rule Adoption (CR-103) - October 1998
Effective Date - November 1998
Subject: Timber Retraining Benefits.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: New sections in chapter 192-32 WAC.
Description of Intended Rule-Making Activity: Adopt sections defining a base year employer as an interested party to a decision that an individual is eligible for timber retraining benefits.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - December 1997
Proposed Rule-Making (CR-102) - September 1998
Public Hearings - October 1998
Order Rule Adoption (CR-103) - November 1998
Effective Date - December 1998
Subject: Registration for Work.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: New sections in chapters 192-170 and 192-180 WAC.
Description of Intended Rule-Making Activity: New legislation requires unemployment benefits recipients to register for work in an electronic labor exchange that supports direct employer access. Rules will clarify registration requirements, exemptions, penalties for failure to register, the scope of employer access, and the information provided in the electronic labor exchange.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - June 1998
Proposed Rule-Making (CR-102) - October 1998
Public Hearings - November 1998
Order Rule Adoption (CR-103) - January 1999
Effective Date - February 1999
Subject: Shared Work.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: Chapter 192-36 WAC.
Description of Intended Rule-Making Activity: Review rules in accordance with Executive Order on Regulatory Improvement (97-02) and amend or repeal as necessary. Amend rules related to the shared work plan approval criteria; define certain terms contained in the statute; and clarify the employees eligible for participation in an approved plan.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - September 1998
Proposed Rule-Making (CR-102) - December 1998
Public Hearings - January 1999
Order Rule Adoption (CR-103) - February 1999
Effective Date - March 1999
Subject: Temporary Services/Employee Leasing Companies.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: New sections.
Description of Intended Rule-Making Activity: Adopt rules for individuals who work or worked for a temporary services or employee leasing agency. These will include policies related to job separations, availability requirements, and suitable work.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - September 1998
Proposed Rule-Making (CR-102) - January 1999
Public Hearings - February 1999
Order Rule Adoption (CR-103) - March 1999
Effective Date - April 1999
Subject: Job Search Monitoring Program.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: New sections in chapter 192-180 WAC.
Description of Intended Rule-Making Activity: By July 1999, new legislation requires the department to implement a job search monitoring program. Rules will be needed to establish the requirements for the program.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - September 1998
Proposed Rule-Making (CR-102) - March 1999
Public Hearings - May 1999
Order Rule Adoption (CR-103) - June 1999
Effective Date - July 1999
Subject: UBI Account Number Records.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: New section.
Description of Intended Rule-Making Activity: Adopt a rule establishing monetary penalties for businesses who contract with an individual or business for electrical or building construction work, and fail to obtain and retain that individual's or business's unified business identifier (UBI) account number. Authority for this penalty is contained in RCW 50.12.070.
Expected Public Participation: Input from interested parties will be solicited during the preproposal comment period. In addition, the rule will be coordinated with the Departments of Labor and Industries, and Revenue. The legislature has directed these agencies to establish similar monetary penalties.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent (CR-101) - September 1998
Proposed Rule-Making (CR-102) - December 1998
Public Hearings - January 1999
Order Rule Adoption (CR-103) - February 1999
Effective Date - March 1999
Barney Hilliard
Contracts and Regulations
Administrator