PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-07-141.
Title of Rule: Adopting new chapter 192-270 WAC, Training benefits for dislocated workers, and adopting rules in chapter 192-150 WAC related to separations from employment.
Purpose: The rules implement HB 3077 passed by the 2000 legislature. This legislation authorized the payment of additional unemployment benefits to certain dislocated workers, changed the definition of good cause for voluntarily leaving work as provided in RCW 50.20.050, and increased the requalification requirements for individuals who have left work voluntarily, been discharged from work for misconduct, or refused an offer of suitable work, and been denied unemployment benefits as a result.
Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, 50.22.150.
Statute Being Implemented: RCW 50.22.150, 50.20.050.
Summary: The rules clarify provisions of RCW 50.20.050 relating to good cause for voluntarily leaving work, and requirements for requalifying when benefits have been denied. Chapter 192-270 WAC establishes guidelines for determining eligibility for the additional unemployment benefits for dislocated workers established by HB 3077. The rules define terms, clarify eligibility requirements, and establish policies and procedures related to the approval and funding of training plans.
Reasons Supporting Proposal: Rules are necessary to clarify several provisions of the legislation, and to ensure that it is implemented consistently statewide.
Name of Agency Personnel Responsible for Drafting: Juanita Myers, 212 Maple Park, Olympia, WA, (360) 902-9665; Implementation and Enforcement: Annette Copeland, 212 Maple Park, Olympia, WA, (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: Sections are added to chapter 192-150 WAC to clarify amendments to RCW 50.20.050 contained in HB 3077. These rules are intended to clarify how the department will determine whether an individual had good cause for voluntarily leaving work because of a bona fide job offer, or because of an employer-initiated mandatory transfer. A rule is also adopted specifying how an individual may requalify after benefits have been denied for leaving work voluntarily, being discharged for misconduct, or refusing an offer of suitable work or a job referral. These rules will provide for consistent application of the law to claimants in these circumstances.
A new chapter is adopted to describe the circumstances under which individuals may receive the additional unemployment benefits authorized by HB 3077. The rules define terms, clarify who is eligible to receive the additional unemployment benefits, describe what an individual must do to apply for the benefits and the criteria the department will use to approve an individual's training plan. The rules also define how funding priority will be determined, which is necessary because the funding is subject to biennial limits established by the legislature. These rules are intended to provide department staff, dislocated workers, employers, and other interested parties with clear guidelines as to how eligibility for the additional training benefits will be determined. It is anticipated that these rules will provide for consistent application of the law in determining eligibility for training and funding of the training plans.
Proposal Changes the Following Existing Rules: Two existing rules are repealed.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules do not impose costs on business in general or small business in particular. Any costs to business resulting from the payment of additional unemployment benefits to certain dislocated workers are imposed by HB 3077, the legislation authorizing these benefits.
Section 201, chapter 403, Laws of 1995, applies to this rule adoption. The rules establish policies and procedures related to an individual's eligibility for unemployment benefits. Violation of the rules could result in the denial of benefits.
Hearing Location: Public Affairs Conference Room, 2nd Floor, Employment Security Department, 212 Maple Park, Olympia, WA, on March 28, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Karen LaFreniere by March 27, 2001, TDD (360) 902-9589, or (360) 902-9582.
Submit Written Comments to: Barney Hilliard, Agency Rules Coordinator, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 438-3225, by March 27, 2001.
Date of Intended Adoption: April 9, 2001.
February 16, 2001
Paul Trause
Acting Commissioner
(1) Prior to leaving work, you received a definite offer of employment; and
(2) You had a reasonable basis for believing that the person making the offer had the authority to do so; and
(3) A specific starting date and the terms and conditions of the employment were mutually agreed upon; and
(4) You continued in your previous employment for as long as was reasonably consistent with whatever arrangements were necessary to start working at the new job; and
(5) The new job is in employment covered by Title 50 RCW or the comparable laws of another state.
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(a) A plant closure where employees must move to another labor market area to continue employment with that employer;
(b) A change in job responsibilities, such as a promotion, with that same employer where the employer requires a move to another labor market area; and
(c) A restructuring of business operations by the employer requiring employees to move to another labor market area if they want to continue doing the same job.
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(1) At least seven calendar weeks have elapsed following the week the act occurred that resulted in the denial of benefits;
(2) You have obtained bona fide work and earned wages of at least seven times your suspended weekly benefit amount. The wages earned must be in employment that is covered by Title 50 RCW or the comparable laws of another state.
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Training Benefits for Dislocated Workers
(1) "Labor market" means the geographic area in which workers in your particular occupation or with your particular set of skills have customarily found work. For the purpose of determining whether you are a dislocated worker, "labor market" is based on your place of residence at the time you separated from employment. You will not be eligible for training benefits if, following your separation from work, you move from a labor market area where your skills are in demand to an area where they are declining.
(2) "NAICS" means the North American industry classification system code.
(3) "Plurality of wages" means the largest proportion of wages earned within a particular occupation or skill set. These wages must be earned in:
(a) Your base year, and
(b) At least two of the four twelve-month periods preceding your base year.
(4) "SIC" means the standard industrial classification code. (5) "Skill set" means the work-related knowledge and abilities needed to produce a particular product or provide a particular service.
(6) "Training benefits" means the additional benefits paid under RCW 50.22.150 to eligible dislocated workers enrolled in and making satisfactory progress in a training program approved by the commissioner.
(7) "Wages" means remuneration earned in employment as defined in Title 50 RCW or the comparable laws of another state. This means that only wages in covered employment can be considered in determining whether you have sufficient tenure in an occupation or in work with a particular skill set.
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When determining whether your separation from employment makes you eligible for training benefits, the department will look at the last job you held for a period of at least seven weeks that was in employment covered by Title 50 RCW or the comparable laws of another state.
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(1) You have:
(a) Become unemployed due to a permanent plant closure;
(b) Received a federal WARN act notice; or
(c) Received a notice of indefinite layoff as a result of a permanent reduction of operations at your place of employment; and
(2) Suitable work for individuals with your skills is in diminishing demand within your labor market.
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| 3721 | Aircraft |
| 3724 | Aircraft engines and engine parts |
| 3728 | Aircraft parts and auxiliary equipment |
| 336411 | Aircraft manufacturing |
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(a) SIC codes:
| 24 | Lumber and wood products, except furniture |
| 26 | Paper and allied products |
| 08 | Forestry |
| 2861 | Gum and wood chemicals |
| 3553 | Woodworking machinery |
| 3554 | Paper industry machinery manufacturing |
| 5031 | Lumber, plywood, millwork and wood panels |
| 321 | Wood product manufacturing |
| 322 | Paper manufacturing |
| 113110 | Timber tract operations |
| 113210 | Forest nurseries and gathering of forest products |
| 113310 | Logging |
| 115310 | Support activities for forestry |
| 325191 | Gum and wood chemical manufacturing |
| 333210 | Sawmill and woodworking machinery manufacturing |
| 333291 | Paper industry machinery manufacturing |
| 337110 | Wood kitchen cabinet and countertop manufacturing |
| 421310 | Lumber, plywood, millwork and wood panel wholesalers |
(a) SIC codes:
| 2823 | Cellulosic manmade fibers |
| 3425 | Saw blades and handsaws |
| 4212 | Local trucking without storage (log trucking; trucking timber) |
| 4449 | Water transportation of freight, NEC (log rafting and towing) |
| 5113 | Industrial and personal service paper |
| 325221 | Cellulosic organic fiber manufacturing |
| 332213 | Saw blade and handsaw manufacturing |
| 337215 | Showcase, partition, shelving and locker manufacturing |
| 422130 | Industrial and personal service paper wholesalers |
(a) The planting and/or cultivation of trees for eventual harvest for lumber or paper manufacturing;
(b) The harvest of logs for lumber or pulp production;
(c) Hauling or shipping logs;
(d) Hauling or shipping lumber or paper products from point of manufacture;
(e) Scaling logs;
(f) Repair of logging trucks or equipment;
(g) Manufacture of wood processing, logging or forestry equipment, including but not limited to logging trucks, log splitters, draglines, or chippers;
(i) Sale, rental or leasing of wood processing or logging equipment; or
(j) Other activities clearly involved in the forest products industry, even if performed for an employer whose primary business is not in the forest products industry.
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(1) Submitting a training plan. You have 60 calendar days to submit a training plan to the department for approval, beginning on the date you are notified by the department about the eligibility requirements for training benefits. For new claims, the deadline will be 65 calendar days from the date your application for benefits is filed, which represents 60 days plus five days for the booklet to reach you by mail.
(2) Enrollment in training. You must be enrolled in training within 90 calendar days, beginning on the date you are notified by the department about the eligibility requirements for training benefits. For new claims, the deadline will be 95 calendar days from the date your application for benefits is filed, which represents 90 days plus five days for the booklet to reach you by mail.
(3) If you return to work, and subsequently become unemployed, the timeframes described in subsections (1) and (2) begin with the date you file your additional claim for benefits.
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(1) You have preregistered for classes or are on a waiting list; and
(2) You have a starting date of training; and
(3) The starting date is not more than one quarter or term away.
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(1) Your name and Social Security account number;
(2) The name of the educational institution;
(3) The address of the educational institution;
(4) The department of the educational institution, if applicable;
(5) The name of the training program;
(6) A description of the training program, including remedial requirements if necessary;
(7) Your enrollment date or your place on the waiting list and expected enrollment date;
(8) The duration of the training program, including the dates you plan to begin and complete training;
(9) The occupation(s) trained for;
(10) A verification of your enrollment provided by the educational institution;
(11) A release of information form authorizing the educational institution to release grades, attendance, and other measures of program progress to the department; and
(12) Your signature.
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(a) Whether you have a current benefit year as required by RCW 50.22.010(9);
(b) Whether suitable employment is available in your labor market;
(c) Your plan for completion of the training including, but not limited to, what financial resources you intend to use to fund the complete training plan when training benefits run out;
(d) Whether you have the qualifications and aptitudes to successfully complete the training;
(e) Whether the training relates to a high demand occupation, meaning that the number of job openings in the labor market for the occupation or with that skill set exceeds the supply of qualified workers;
(f) Whether the training is likely to enhance your marketable skills and earning power, based on an assessment of what your employment prospects would be if training were not approved; and
(g) Effective July 1, 2001, whether the educational institution meets the performance criteria established by the workforce training and education coordinating board. Until June 30, 2001, a vocational training program at an educational institution is presumed to meet the performance criteria if it is a:
(i) Public community or technical college;
(ii) Public university;
(iii) Registered apprenticeship program;
(iv) Private vocational school licensed by the workforce training and education board, the higher education coordinating board, the department of licensing, or a comparable agency in another state;
(v) Private college or university that is eligible to received federal funds under Title IV of the Higher Education Act of 1965; or
(vi) Private provider of vocational training services currently authorized by a private industry council in accordance with P.L. 97-300, Section 107, Selection of Service Providers.
(2) Academic training may be approved if it meets the criteria of subsection (1) and it meets specific requirements for certification, licensing, or specific skills necessary for the occupation.
(3) The department may approve educational training that has been identified as necessary by the training facility as a prerequisite to a vocational training program that meets the criteria of subsection (1).
(4) In the case of individuals with physical or sensory disabilities, or in other unusual circumstances, a written decision of the commissioner may waive any of the requirements of this section on an individual basis.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 192-270-055
Funding -- Waiting lists.
Payment of
training benefits is contingent upon the availability of funding.
Training will not be approved under RCW 50.22.150 unless the
department has determined that funds are available to support
your training plan.
(1) The amount of funds obligated will be the amount necessary to complete your training plan or the maximum amount authorized by RCW 50.22.150 (5)(a), whichever is less.
(2) If you have been denied training benefits due to lack of funds, the department will consider whether you are eligible for commissioner approved training under WAC 192-200-020.
(3) Funds will be obligated in the following order:
(a) First, otherwise eligible dislocated workers who are enrolled in training approved by the department as of February 13, 2000;
(b) Second, other eligible dislocated workers on a first-come, first-served basis, determined by the date the completed training application is received by the department.
(4) Once all available funds have been obligated, individuals who have been denied training benefits due solely to the lack of funds will be placed on a waiting list. Priority on the waiting list will be determined by the date the claimant's completed training application was received by the department. As additional funds become available, this date will be used when obligating funds to claimants on the waiting list. In the event two or more claimants on the waiting list have the same date, priority will be given to that person who is closest to exhausting regular unemployment benefits.
(5) An individual's name may be removed from the waiting list, upon written notice, when the department determines it is appropriate. Examples include, but are not limited to:
(a) Written correspondence to the claimant from the department is returned by the U.S. postal service for lack of a current address, and the claimant has not filed a change of address with the department;
(b) The claimant fails to respond to written correspondence from the department by the date indicated in the correspondence;
(c) The claimant is not enrolled in or making satisfactory progress in full-time training; or
(d) Implementation of the approved training program would result in benefits being paid more than two years beyond the end of the claimant's benefit year.
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(1) The occupation is in high demand in another labor market; and
(2) You are willing and able to relocate to that labor market when the training is completed; and
(3) There is not a current demand for workers with your present skills in that labor market. The demand for workers in that labor market must be at wages comparable to those paid in your current labor market, based on any differences in the cost of living between the two areas.
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(2) Except as provided in subsection (3), for training benefits purposes the term "satisfactory progress" means:
(a) Your grade point average does not fall below 2.0 for more than one quarter;
(b) You maintain a grade point average sufficient to graduate from, or receive certification in, your approved area of study; and
(c) You are completing sufficient credit hours to finish your approved course of study within the time frame established under your approved training plan.
(3) In the case of self-paced or ungraded learning programs, "satisfactory progress" means participating in classes and passing certification examinations within the time frame established under your approved training plan.
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(a) Your course of study or major;
(b) The educational institution;
(c) The projected start or end dates for the training; or
(d) Your enrolled credit hours.
(2) The department must determine your continued eligibility for training benefits any time you make a significant modification to your training plan, using the criteria listed in WAC 192-270-050 (1)(b)-(g). Approval of a modification that increases the projected cost of the training is subject to the availability of funding. The department will conditionally pay benefits on a modified training plan until the modification is approved or denied.
(3) In general, you may make a significant modification to your plan one time. Subsequent modifications will not be approved except in unusual individual circumstances. However, this restriction does not apply while you are enrolled in educational courses that are a prerequisite to vocational training.
(4) If you modified your training plan without approval by the department, and that modification is subsequently disapproved, you are ineligible for training benefits for at least five years.
(5) Any benefits paid for a modified training plan that is not approved by the department constitute an overpayment and shall be subject to recovery under RCW 50.20.190.
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The following sections of the Washington Administrative Code are repealed:
| WAC 192-16-011 | Interpretative regulations--Leaving work to accept bona fide job offer--RCW 50.20.050 (2)(a) |
| WAC 192-16-017 | Interpretative regulations--Satisfying disqualifications under RCW 50.20.050 (1) and (4), 50.20.060 and 50.20.080 |