Date Adopted: December 31, 2003.

     Purpose: To implement changes to the unemployment insurance program adopted by 2ESB 6097, passed by the 2003 legislature. The rules clarify issues related to job separations, job search requirements, penalties for failure to meet reporting requirements, the filing by employers of wage and tax reports, penalties for filing late or incomplete reports, penalties to employers for willfully misrepresenting their payroll, benefit charging and conditions for relief of benefit charges.

     Citation of Existing Rules Affected by this Order: Repealing WAC 192-12-011, 192-12-012, 192-12-020, 192-12-180, 192-12-184, 192-12-190, 192-12-300, 192-12-310, 192-12-320, 192-12-330, 192-12-340, 192-16-019, 192-16-023, 192-23-014, 192-23-015, 192-23-016, 192-23-017, 192-23-019, 192-23-061, 192-23-096, 192-23-800, 192-23-810, 192-28-105, 192-28-110, 192-28-115 and 192-28-120; and amending WAC 192-04-040, 192-04-050, 192-16-009, 192-16-015, 192-16-016, 192-150-050, 192-150-055, 192-150-060, 192-150-065, 192-150-085, 192-150-090, 192-180-010, 192-180-015, 192-180-020, 192-180-025, 192-180-030, 192-240-035, 192-240-040, 192-300-050, 192-310-010, 192-310-025, 192-310-030, and 192-320-070.

     Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, 50.12.042.

     Other Authority: RCW 50.20.010.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: 2ESB 6097 was signed by the governor on June 20, 2003. Most of the provisions related to the payment of unemployment insurance benefits, and a number of the provisions related to unemployment insurance taxes, are effective January 4, 2004. The department has conducted several meetings with stakeholders and other interested parties, but has been unable to complete the rule-making process prior to this effective date. Emergency rules are adopted to provide guidance to employers, unemployment insurance claimants, and the general public regarding the department's interpretation of the legislation and how it will be implemented.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 42, Amended 23, Repealed 26.

     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 42, Amended 23, Repealed 26.

     Effective Date of Rule: January 4, 2004.

December 31, 2003

Dr. Sylvia P. Mundy

Commissioner

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-04 issue of the Register.