WSR 20-24-024
EMERGENCY RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed November 20, 2020, 8:55 a.m., effective November 20, 2020, 8:55 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose is to remove the option to serve petitions for judicial review in person at employment security department's (ESD) physical office and add the option to serve petitions for judicial review via email.
Citation of Rules Affected by this Order: Amending WAC 192-04-210 and 192-800-125.
Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, 50A.05.060, 34.05.020(19), 34.05.542(4).
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: Due to the COVID-19 pandemic, ESD's offices, including offices in the Maple Park Avenue building, are closed to the public to protect the safety of agency staff and to limit the spread of the virus. Due to these closures, petitions for judicial review cannot be physically presented to, or received by, the commissioner's office. However, petitions for judicial review may still be submitted via mail. Additionally, the department is adding the option of filing petitions for judicial review via email.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 20, 2020.
Dan Zeitlin
Employment System Policy Director
AMENDATORY SECTION(Amending WSR 13-05-033, filed 2/12/13, effective 3/15/13)
WAC 192-04-210Petitions for judicial review—Service on agency.
Delivery pursuant to RCW 34.05.542(4) shall be deemed to have been made when a copy of the petition for judicial review has been ((received by the Commissioner's Office at 212 Maple Park Avenue S.E., Olympia, WA or)) received by mail at the Commissioner's Review Office, Post Office Box 9555, Olympia, WA 98507-9555 or received by email at the commissioner's review office at cro@esd.wa.gov.
AMENDATORY SECTION(Amending WSR 19-23-090, filed 11/19/19, effective 12/20/19)
WAC 192-800-125When is a petition for review considered delivered to the department?
Delivery under RCW 34.05.542(4) is made when a copy of the petition for judicial review is ((received by the Commissioner's Office at 212 Maple Park Avenue S.E., Olympia, WA or)) received by mail at the Commissioner's Review Office, Post Office Box 9555, Olympia, WA 98507-9555 or received by email at the commissioner's review office at cro@esd.wa.gov.