PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Employer records--Farm operator.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To amend current WAC 192-12-050 and make it conform to Governor Locke's Executive Order 97-02. This WAC is being renumbered WAC 192-310-050 as part of our regulatory reform process at the Employment Security Department. We are removing from the old WAC 192-12-050 (1)(j) relating to farm operators. We are creating a separate rule relating strictly to this situation entitled WAC 192-310-055 Employer records--Farm operator. We are including two additional items in this WAC as requirements to bring our rules more in line with those of the Department of Labor and Industries, we are asking for the name of the crew leader, or contractors and evidence of the farm contractor's license (chapter 19.30 RCW).
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The other state agencies that have similar rules are the Department of Labor and Industries and the Department of Revenue. As stated above we are amending our rule to be closer to that of the Department of Labor and Industries while still maintaining the unique applicability of subsections (b) and (c) relating to the types of services performed and the number of persons performing such services.
Process for Developing New Rule: Informal meetings with stakeholders and interested parties.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting George Mante, UI Tax Regulatory Reform Coordinator, UI Tax Administration, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 902-9556.
April 30, 1999
Carver Gayton
Commissioner
The commissioner requires every employer to keep true and accurate employment records under Chapter 50.12 RCW.
(1) Farm operators, or farm labor contractors must comply with the rules set forth in WAC 192-310-050 employer records.
(2) Farm operators contracting with a crew leader or a farm labor contractor, must make, keep, and preserve, original records containing the following information:
(a) the inclusive dates of the contract;
(b) the types of services performed;
(c) the number of persons performing such services;
(d) the name of the contractor or crew leader; and
(e) evidence of the Farm Labor Contractor’s License as required under Chapter 19.30 RCW.
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