WSR 98-06-097

PERMANENT RULES

EMPLOYMENT SECURITY DEPARTMENT

[Filed March 4, 1998, 11:50 a.m.]

Date of Adoption: March 4, 1998.

Purpose: The proposed amendments will allow individuals in areas of the state designated by the commissioner, to file their initial and reopened claims for unemployment benefits by mail, rather than visiting the office in person.

Citation of Existing Rules Affected by this Order: Amending WAC 192-12-141 and 192-23-018.

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, 50.20.010, and 50.20.140.

Adopted under notice filed as WSR 97-22-109 on November 5, 1997.

Changes Other than Editing from Proposed to Adopted Version: Reworded language in WAC 192-12-141 (2)(b) for purposes of clarity. Eliminated WAC 192-12-141 (2)(c), which would have given the department the ability to authorize other methods of filing as needed. These modifications do not change the general subject matter of the proposed rule, which was to allow some claims to be filed by mail rather than in person.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 2, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

March 4, 1998

Carver Gayton

Commissioner

AMENDATORY SECTION (Amending WSR 95-18-107, filed 9/6/95, effective 10/7/95)

WAC 192-12-141 Applying for unemployment benefits. (1) If you apply for Washington state benefits in another state, follow the instructions in WAC 192-12-130. If you apply for benefits in Washington state, follow the instructions below.

(2) How do I apply for benefits? (a) In most areas of the state, you must file your application for benefits in person at a Washington state employment security office.

(b) In areas designated by the commissioner you may file your application for benefits by mail.

You may apply at any time, even if you are working. If you file your application in person, your claim is effective the ((first)) week in which you report to the employment security office. If you file your application by mail, your claim is considered filed on the postmarked date.

(3) Do I have to register for work? You must register for work unless you are partially unemployed or on standby. (See WAC 192-12-150.)

(4) Will I receive benefits immediately? The first week you are eligible for benefits is your waiting week. You will not be paid for this week.

(5) Do I continue to file a claim for benefits? You must file a claim as instructed for all weeks for which you want to be paid. Every week begins on Sunday and ends at midnight on Saturday. Your claim must be filed after the end of the week(s) you are claiming.

(a) What information do I report on my claim form? The claim form must contain:

(i) The Saturday date(s) of the week(s) you are claiming;

(ii) Answers to the questions (your claim will be considered legal if at least one question is answered);

(iii) Your signature or, if filing by telephone, your personal identification number;

(iv) The amount and source of any pension you are receiving for the week claimed;

(v) Any holiday earnings received during the week claimed;

(vi) Any vacation pay received during the week claimed, and the dates for which such pay was accrued; and

(vii) Any earnings and the number of hours you worked during the week claimed, unless you are not eligible for benefits because you are fully employed.

A claim that does not meet these requirements is incomplete and will be returned to you with a request for additional information.

(b) How do I file my claim? When you apply, you will be told to file your claim in person, by mail, or by telephone. If you file by mail, the claim is considered filed on the postmarked date.

(c) How often must I file my claim? When you apply, you will be told to file weekly or biweekly.

(i) If you file weekly, you will claim the week which ended the preceding Saturday.

(ii) If you file biweekly, you will claim the two weeks which ended on the preceding Saturday.

(iii) Other filing schedules can be authorized for the purpose of study, in cases of emergency, or where unusual circumstances make weekly or biweekly filing difficult.

(6) Are there other times when I am required to report in person? You may be instructed to report in person for any reason. If you do not report, you will not receive benefits for that week, except:

(a) If you return to work and cannot report in person as instructed, you can file your claim by mail;

(b) If you have been instructed to file in person on a Friday (or the last business day of a week), you can file your claim on the next business day; or

(c) When you can show you had good cause for not reporting in person. "Good cause" includes factors which would cause another person in similar circumstances to be unable to report as directed.

(7) When is my claim considered late? (a) Until you receive your first payment, your claim is considered late if it is filed more than seven days (one week) after the Saturday of the last week being claimed. You will not be paid for these weeks unless you can prove you had a good reason for filing late.

(b) After you have received your first payment, your claim is considered late if it is filed more than 28 days (four weeks) after the Saturday of the last week being claimed. Any week or weeks that are filed late will be conditionally paid. This means you will be paid benefits, but you will be asked to prove you had a good reason for filing late. If you cannot do so, you will receive a notice directing you to repay benefits for the week(s) you filed late.

(8) How do I reopen my claim? If you have stopped filing claims for one or more weeks, you must ((report in person to)) reopen your claim by reporting as directed to your local employment security office. ((Other methods for reopening claims can be authorized by the department as needed.))

[Statutory Authority: RCW 50.12.010, [50.12.]040, 50.20.010, [50.20.]140 and 50.12.050. 95-18-107, 192-12-141, filed 9/6/95, effective 10/7/95. Statutory Authority: RCW 50.12.010 and 50.12.040. 93-10-025, 192-12-141, filed 4/28/93, effective 5/29/93; 87-12-021 (Order 2-87), 192-12-141, filed 5/28/87, effective 8/30/87; Order 2-75, 192-12-141, filed 2/10/75.]

AMENDATORY SECTION (Amending WSR 87-12-021, filed 5/28/87, effective 8/30/87)

WAC 192-23-018 Failure to report ((in person)) as directed to reopen a claim for benefits after a break in claim series. (1) ((If,)) After a break in weeks claimed, your claim for benefits will be denied under RCW 50.20.010(1) if you fail:

(a) To report as directed ((a claimant submits a claim for benefits without reporting in person to reopen his or her claim)) during the first week for which ((the claimant wishes)) you wish to be eligible for benefits, and ((fails))

(b) To respond to a request to report ((in person)) as directed to reopen ((his or her)) your claim, or ((fails))

(c) To establish good cause for failure to report ((in person)) as directed to reopen ((his or her)) your claim((, the claimant will be subject to denial pursuant to RCW 50.20.010(1))).

(2) The denial of benefits ((authorized by this section is indefinite in nature, and)) will remain in effect until ((the individual)) you report((s in person)) as directed to reopen ((his or her)) your claim.