WSR 13-13-033 PREPROPOSAL STATEMENT OF INQUIRY EMPLOYMENT SECURITY DEPARTMENT [Filed June 13, 2013, 11:03 a.m.]
Subject of Possible Rule Making: Amend rules relating to penalties for claimants who commit unemployment insurance fraud. Rules identified to date are WAC 192-220-040 How will the disqualification period and penalty established by RCW 50.20.070 be assessed?, 192-220-045 How is the fraud penalty calculated?, 192-220-050 Will I receive a decision if a fraud penalty changes a redetermination or appeal of another fraud decision? and 192-230-020 How are cash payments and offsets applied to my overpayment? The need for additional amendments or new rules may be identified through the rule-making process.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making will implement sections 1 and 2 of chapter 189, Laws of 2013 (SB 5355). The bill provides a fifteen percent penalty for the first occurrence of fraud by a claimant. The bill also requires that fifteen percent of any fraud penalty collected be deposited in the unemployment insurance trust fund. Rules will be amended to include reference to the new fifteen percent fraud penalty, and to determine the order in which penalties based on fraud will be applied to the overpayment.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (USDOL) reviews the state's administration of the unemployment insurance (UI) program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of UI laws as long as conformity is maintained. The proposed rules will be shared with USDOL prior to adoption.
Process for Developing New Rule: The proposed rules will be shared with stakeholders identified in the rule-making process. We will solicit input from stakeholders and consider all written comments in the development of the final rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Juanita Myers, UI Rules Manager, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 902-9799, e-mail jmyers@esd.wa.gov. Please include your name, organization (if any), mailing address, e-mail address and telephone number.
June 12, 2013
Dale Peinecke
Commissioner
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