WSR 97-16-047
AGENDA
EMPLOYMENT SECURITY DEPARTMENT
[Filed July 31, 1997, 2:15 p.m.]
Subject: In-person filing requirements for UI benefits.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-141 (2), (4)(a), (5)(b), (11), and 192-23-018.
Description of Intended Rule-Making Activity: Remove the requirement that initial claims, claims for waiting period credit, continued claims, and additional or reopened claims be filed in-person. Authorize the use of the mail to file claims when the department deems appropriate.
Expected Public Participation: These amendments were tested as a pilot rule in Pierce County, and selected sites in King County. The report from the Pilot Study Group indicates the pilot was a success and recommends the permanent rules be amended to allow initial and reopened claims to be filed by mail.
Tentative Schedule of Rule-Making Activity:
Preproposal Notice of Intent November 1994;
(CR-101) - modified March 1995.
Proposed Rule Making (CR-102) - August 1997.
Public Hearings - September 1997.
Order Rule Adoption (CR-103) - October 1997.
Effective Date - November 1997.
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 192-12 and 192-16 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 1997.
Public Hearings - October 1997.
Order Rule Adoption (CR-103) - November 1997.
Effective Date - December 1997.
Subject: Timber retraining benefits.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: Amendments to chapter 192-32 WAC, Timber retraining benefits, including repeal of four rules. New sections in chapter 192-33 WAC, Workforce training.
Description of Intended Rule-Making Activity: Amend rules in chapter consistent with provisions of 2SHB 1201, passed by the 1997 legislature. Adopt rule defining salmon fishing workers eligible for services under chapter 50.70 RCW. Adopt rule clarifying persons eligible for services under RCW 50.12.270.
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) - July 1997.
Proposed Rule Making (CR-102) - October 1997.
Public Hearings - November 1997.
Order Rule Adoption (CR-103) - December 1997.
Effective Date - January 1998.
Subject: Unemployment benefits for pregnant claimants.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: New sections in chapter 192-16 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 1997.
Public Hearings - October 1997.
Order Rule Adoption (CR-103) - November 1997.
Effective Date - December 1997.
Subject: Predecessor/successor relationships and reporting requirements.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-072, and a new section in chapter 192-12 WAC.
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) - September 1997.
Public Hearings - October 1997.
Order Rule Adoption (CR-103) - November 1996 [1997].
Effective Date - December 1997.
Subject: Waiver of penalties for delinquent contributions.
Division or Office Initiating Rule-Making Activity: Unemployment Insurance Division.
WAC Sections Affected: WAC 192-12-042.
Description of Intended Rule-Making Activity: Add a provision allowing waiver of penalties for delinquent contributions for employers who are subject to a voluntary audit as provided in RCW 43.05.140.
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) - July 1997.
Proposed Rule Making (CR-102) - September 1997.
Public Hearing - October 1997.
Order Rule Adoption (CR-103) - November 1997.
Effective Date - December 1997.