WSR 99-09-097

PROPOSED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed April 21, 1999, 11:04 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-13-097 and 98-18-091.

Title of Rule: New chapter 192-180 WAC, Work search.

Purpose: To implement SSB 6420, codified as RCW 50.20.230 and 50.20.240, and clarify the work registration and job search requirements of unemployment insurance claimants.

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040.

Statute Being Implemented: RCW 50.20.230, 50.20.240.

Summary: The proposed rules outline the work registration requirements for unemployment insurance claimants, their work search requirements, define work search directives and job search contacts, specify how work search activities are to be tracked and how the department will monitor these activities, describe the purpose of eligibility review interviews, and list the penalties for failure to comply with work registration and job search requirements.

Reasons Supporting Proposal: New statutes impose new job search requirements on claimants and require the department to develop a job search monitoring program. The proposal rules provide notice to the regulated community about these new requirements.

Name of Agency Personnel Responsible for Drafting: Juanita Myers, 212 Maple Park, Olympia, (360) 902-9665; Implementation and Enforcement: Dale Ziegler, 212 Maple Park, Olympia, (360) 902-9303.

Name of Proponent: Employment Security Department, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules outline the work registration requirements for unemployment insurance claimants, their work search requirements, define work search contacts and directives, specify how work search activities are to be tracked and how the department will monitor these activities, describe the purpose of eligibility review interviews, and list the penalties for failure to comply with work registration and job search requirements. The purpose is to implement SSB 6420, codified as RCW 50.20.230 and 50.20.240. It is anticipated that the rules will provide claimants with specific information regarding work registration and job search requirements they must meet to maintain eligibility for unemployment benefits.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impose any requirements on businesses in general or small businesses in particular. They merely clarify the work registration and job search requirements imposed on unemployment insurance claimants. While the department will be attempting to verify claimants' work search activities on a random basis by contacting employers, there is no requirement that employers maintain additional records or respond to the department's request for information.

Section 201, chapter 403, Laws of 1995, applies to this rule adoption. The rules impose requirements which unemployment insurance claimants must meet in order to maintain their eligibility for benefits. As such, these rules meet the definition of "significant legislative" rules.

Hearing Location: Employment Security Department, Public Affairs Conference Room, 2nd Floor, 212 Maple Park, Olympia, WA, on May 26, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Karen LaFreniere by May 25, 1999, TDD (360) 902-9589, or (360) 902-9582.

Submit Written Comments to: Barney Hilliard, Rules Coordinator, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 902-9225, by May 25, 1999.

Date of Intended Adoption: June 2, 1999.

April 19, 1999

Carver Gayton

Commissioner

Chapter 192-180 WAC

Job Search Requirements


NEW SECTION
WAC 192-180-005
Registration for work--RCW 50.20.010(1) and RCW 50.20.230.

(1) Am I required to register for work? You must register for work unless you are:

(a) Attached to an employer, meaning you are partially unemployed or on standby as defined by WAC 192-110-015, or participating in the shared work program under Title 50.60 RCW;

(b) A member of a full referral union;

(c) Participating in a training program approved by the commissioner; or

(d) The subject of an antiharassment order. This includes any court-issued order providing for your protection, such as restraining orders, no contact orders, domestic violence protective orders, and similar documents.

(2) How soon do I have to register? (a) If you live within the state of Washington, the department will register you automatically based on information contained in your application for benefits. In unusual circumstances where you are not automatically registered, you must register within one week of the date on which you are notified by the department of the requirement to register for work.

(b) If you live in another state, you must register for work within one week of the date your first payment is issued on your new or reopened claim.

(3) Where do I register for work? You will be registered for work with your local employment center. However, if you live in another state, you must register for work with the equivalent public employment agency in that state.

(4) What is the penalty if I do not register for work? You will not be eligible for benefits for any week in which you are not registered for work as required by this section.

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NEW SECTION
WAC 192-180-010
Job search requirements--Directives--RCW 50.20.010(3) and RCW 50.20.240.

(1) Do I have to look for work? You must be actively seeking work unless you are:

(a) Attached to an employer; or

(b) Participating in a training program approved by the commissioner.

(2) When should I start my job search? You must look for work every week that you file a claim for benefits, unless you are exempt under subsection (1).

(3) What are my weekly job search requirements? (a) At a minimum, you must:

(i) Make job search contacts with at least three employers each week; or

(ii) Participate in a documented in-person job search activity at the local employment center.

(b) Based on your individual circumstances, such as your occupation, experience, or labor market area, the department may issue you a directive requiring more than three employer contacts a week.

(4) What is a "job search contact"? Usually a job search contact is contact with an employer in person or by telephone. You may use other job search methods that are customary for your occupation and labor market area. The work applied for must be suitable (see RCW 50.20.100) unless you choose to look for work in a lower skill area. A contact does not count if it is made with an employer whom you know is not hiring, or if the department determines the contact is designed in whole or in part to avoid meeting the job search requirements.

(5) What is an "in-person job search activity"? This is an activity provided through the local employment center that will assist you in your reemployment efforts. It includes, but is not limited to, resume development, job search workshops, training classes, and computer tutorials.

(6) What is a directive? A directive is a written notice from the department telling you that specific methods of job search are required in order to meet the job search requirements.

(7) When is a directive issued? The department can issue a directive to clarify or to increase the job search requirements you must meet. Examples include, but are not limited to, cases in which you need to:

(a) Increase the number of employer contacts each week;

(b) Change your method of seeking work (such as from resumes to in-person contacts);

(c) Expand the geographic area in which your job search is conducted; or

(d) Seek work in a secondary occupation.

(8) When is the directive effective? The directive is effective when it is given in writing by the department. It stays in effect until a new written directive is given, or it is rescinded in writing.

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NEW SECTION
WAC 192-180-015
Tracking job search activities--RCW 50.20.240.

(1) Do I need to keep track of my job search activities? You must keep a record or log of your job search contacts and the services you receive through the local employment center unless you are:

(a) A member of a full referral union; or

(b) Exempt from job search requirements under WAC 192-180-010(1).

(2) What information do I need to keep in the log? Your job search log must contain at least the following information:

(a) For job search contacts, record the date contact was made; the employer's name, address and telephone number; the type of contact (in-person, telephone, etc.); the name of the person you contacted; the type of work you applied for; and the results of your contact;

(b) For in-person job search activities at the local reemployment center, record the date contact was made; a description of the services you received or the activities in which you participated; and the results of your contact.

(3) Is there a specific form I must use? The department will supply you with a form (EMS 10313) to use in tracking your job search activities. You may use your own form or tracking method as long as all information required by this subsection is recorded.

(4) How long should I keep my log? Keep your log for at least sixty days after the end of your benefit year.

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NEW SECTION
WAC 192-180-020
Monitoring job search activities--RCW 50.20.240.

(1) Will my job search activities be monitored? Every week that you file a claim for benefits, you must certify that you meet the job search requirements. The department may review your job search activities at any time. If you have been paid benefits for five or more weeks in any benefit year, you must provide the department with a copy of your job search log upon request. You must bring a copy of your job search log to any eligibility review interview (see WAC 192-180-025) for which you have been scheduled.

(2) Will the department verify the information on my job search log? Employer contacts and other job search activities on your log will be verified whenever the department has a question about the information reported. In addition, when you are scheduled for an eligibility review interview, your log will be verified on a random basis.

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NEW SECTION
WAC 192-180-025
Eligibility review interviews.

(1) What is an eligibility review interview (ERI)? The ERI is an interview between you and a representative of the local employment center. Its purpose is to identify any barriers to your reemployment, develop a plan for resolving barriers that may be identified, and provide advice on how to improve your job search efforts.

(2) Will my job search activities be reviewed? Yes, you must bring your job search log to the interview. The interviewer will review your log with you and discuss areas in which your job search can be improved. The employer contacts and job search activities included in your log will be verified at random. The interviewer may further verify any reported contacts at his or her discretion.

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NEW SECTION
WAC 192-180-030
Penalties.

(1) Is there a penalty if I don't look for work? Benefits will be denied if you fail to:

(a) Meet the minimum job search requirements;

(b) Provide information about your job search activities and, once you have been paid five weeks of benefits, provide a copy of your job search log upon request;

(c) Comply with any job search directive issued by the department; or

(d) Report to a scheduled eligibility review interview.

(2) How long will my benefits be denied? Benefits will be denied for the specific week or week(s) in which you fail to act as described in subsection (1).

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 192-24-030Claimant directive.

Washington State Code Reviser's Office