PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Adopt rules establishing the conditions under which unpaid benefit overpayments and employer contributions will be referred to a private collection agency, and specifying that the fee charged by the collection agency will be added to the debt owed.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 Commissioner's duties and powers and 50.12.040 Rule-making authority.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 19.16.500 authorizes state agencies to engage a private collection agency to assist in the recovery of public debts. Sections will be added to chapter 192-230 and 192-330 WAC regarding referring unpaid benefit overpayments and employer contributions to a collection agency.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United State Department of Labor (USDOL) reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of unemployment insurance laws as long as conformity is maintained. The proposed regulations will be shared with USDOL staff prior to adoption.
Process for Developing New Rule: The department will conduct informal public meetings with interested individuals and stakeholders to gather their input and comments during the development of these regulations.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Persons interested in attending public meetings to discuss the proposed regulations should contact Juanita Myers, UI Rules Coordinator, Unemployment Insurance Division, P.O. Box 9046, Olympia, WA 98507-9046, phone (360) 902-9665, fax (360) 902-9799, e-mail jmyers@esd.wa.gov.
November 27, 2000
Carver Gayton
Commissioner