WSR 23-12-009

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT

[Filed May 24, 2023, 4:05 p.m.]

Subject of Possible Rule Making: Standard occupational classification reporting for federally-recognized tribes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040 provide general rule-making authority to the employment security department (ESD). RCW 50.12.070, as amended by HB 1684 (2023), provides authority for ESD to adopt rules implementing HB 1684.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making will enact changes made by HB 1684 (2023), which allows, but does not require, federally-recognized tribes to report to the ESD standard occupational code and job titles for its employees in its wage reports.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (USDOL) reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of the unemployment insurance laws so long as conformity is maintained. The proposed regulations will be shared with USDOL prior to adoption.

Process for Developing New Rule: [No further information supplied by agency].

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Josh Dye, P.O. Box 9046, phone 360-890-3472, fax 844-652-7096, TTY relay 711, email Rules@esd.wa.gov, website https://esd.wa.gov/newsroom/rulemaking/.

May 24, 2023

Dan Zeitlin

Employment System Policy Director