WSR 99-19-071

EXPEDITED ADOPTION

EMPLOYMENT SECURITY DEPARTMENT


[ Filed September 16, 1999, 10:22 a.m. ]

Title of Rule: Conditions for relief of benefit charges due to a voluntary quit.

Purpose: To establish those reasons for a voluntary quit attributable or nonattributable to an employer who is contribution-paying nonlocal government base year employer.

Other Identifying Information: Repeals WAC 192-12-405 in accordance with Executive Order 97-02.

Statutory Authority for Adoption: Chapter 34.05 RCW.

Statute Being Implemented: RCW 50.20.020(2) and 50.29.020(3).

Summary: To comply with Governor Locke's Executive Order 97-02 and make the rule more readable to the general public.

Reasons Supporting Proposal: To clearly set forth the reasons a voluntary quit may be attributable or not attributable to a set class of employers.

Name of Agency Personnel Responsible for Drafting: George Mante, 212 Maple Park, Olympia, WA, (360) 902-9642; Implementation and Enforcement: Dale Ziegler, 212 Maple Park, Olympia, WA, (360) 902-9303.

Name of Proponent: Employment Security Department, UI Tax Administration, UI Division, P.O. Box 9046, Olympia, WA 98507, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule replaces WAC 192-12-405 which is repealed. The language and arrangement of the new rule is more readable to the general public in accordance with Governor Locke's Executive Order 97-02. This rule applies only to contribution-paying nonlocal government base year employers. This rule sets forth the reasons that an employee may have voluntary quit which are attributable, or not attributable to the employer.

Proposal does not change existing rules.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Mante, Employment Security Department, UI Tax Administration, P.O. Box 9046, Olympia, WA 98507-9046 , AND RECEIVED BY November 22, 1999.


September 14, 1999

Carver Gayton

Commissioner

Chapter 192-320-WAC
NEW SECTION
WAC 192-320-070
Conditions for relief of benefit charges due to a voluntary quit.

A contribution-paying non-local government base year employer, who has not been granted relief of charges under RCW 50.20.020(2) may request relief of charges for a voluntary quit not attributable to the employer under RCW 50.29.020(3) and WAC 192-320-065.

(1) Reasons for a voluntary quit not attributable to the employer may include, but are not limited to:

(a) The claimant's illness or disability or the illness, disability or death of a member(s) of the claimant's immediate family;

(b) The claimant's domestic responsibilities;

(c) Accepting a job with another employer;

(d) Relocating for a spouse's employment;

(e) Starting or resuming school or training;

(f) Being in jail;

(g) The distance to the job site when the job was accepted and the distance at the time of the quit remained the same, or the job location may have changed; but the distance traveled or difficulty of travel was not increased;

(h) Being dissatisfied with wages, hours or other working conditions generally known when the job was accepted; and the working conditions are determined suitable for the occupation in the claimant's labor market.

(2) Reasons for a voluntary quit considered attributable to employer are those work-related factors of such a compelling nature as to cause a reasonably prudent person to leave employment. The work factors must have been reported to the employer if the employer has reasons not to be aware of the conditions, and the employer failed to improve the factors within a reasonable period of time. Such work-related factors may include, but are not limited to:

(a) Change in work location which causes an increase in distance and/or difficulty of travel, but only if it is clearly greater than is customary for workers in the individual's classification and labor market;

(b) Deterioration of work site safety provided the employee has reported such safety deterioration to the employer; and the employer has failed to correct the hazards within a reasonable period of time;

(c) Employee skills no longer required for the job;

(d) Unreasonable hardship on the health or morals of the employee;

(e) Reductions in hours;

(f) Reduction in pay;

(g) Notification of impending layoff; and

(h) Such other work-related factors as the commissioner may deem pertinent.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 192-12-405.

Washington State Code Reviser's Office