Date of Adoption: November 23, 1999.

Purpose: To repeal WAC 192-12-400 and replace it with a revised rule WAC 192-320-065 Relief of benefit charges.

Citation of Existing Rules Affected by this Order: Repealing WAC 192-12-400.

Statutory Authority for Adoption: Chapter 34.05 RCW.

Other Authority: RCW 50.20.020(2).

Adopted under notice filed as WSR 99-19-070 on September 16, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 15, 1999

Carver Gayton

Commissioner

Experience Rating and Benefit Charging
NEW SECTION
WAC 192-320-065
Relief of benefit charges.

For purposes of RCW 50.20.020(2) a contribution-paying non-local government base year employer may request relief from certain benefit charges which result from the payment of benefits to an individual.

(1) Employer added to a monetary determination as the result of a re-determination. The employer's request for relief of benefit charges must be received or postmarked within thirty (30) days of mailing the notification of re-determination (Notice to Base Year Employer - EMS 166).

(2) Timely Response. The commissioner may consider a request for relief of benefit charges that has not been received or postmarked within thirty (30) days as timely if the employer establishes good cause for the untimely response.

(3) Additional Information.

(a) The employer shall provide the information requested by the department within thirty (30) days of the mailing date of the department's request.

(b) It shall be the responsibility of the employer to provide all pertinent facts to the satisfaction of the department to make a determination of relief of benefits charges, or good cause for failure to respond in a timely manner.

(c) Failure to respond within thirty (30) days will result in a denial of the employer's request for relief of benefit charges unless the employer establishes good cause for the untimely response.

(4) Denial and Appeal of Request. Any denial of a request for relief of benefit charges shall be in writing and will be the basis of appeal pursuant to RCW 50.32.050.

[]

     The following section of the Washington Administrative Code is repealed:

WAC 192-12-400

Employer request for benefit charge relief.

© Washington State Code Reviser's Office