WSR 14-02-007
PROPOSED RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed December 19, 2013, 10:09 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-08-044.
Title of Rule and Other Identifying Information: WAC 192-120-010 Claimant information booklet and 192-270-035, related to timeframes for applying for training benefits.
Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 212 Maple Park Avenue S.E., Olympia, WA, on February 13, 2014, at 11:00 a.m.
Date of Intended Adoption: February 14, 2014.
Submit Written Comments to: Pamela Ames, P.O. Box 9046, Olympia, WA 98507-9046, e-mail pames@esd.wa.gov, fax (360) 902-0911, by February 12, 2014.
Assistance for Persons with Disabilities: Contact Kintu Nnambi by February 12, 2014, TTY (800) 833-6384 or (360) 725-9454.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules eliminate the requirement that a hard copy of the claimant information handbook will be mailed to every individual who files a claim. Instead, the web address for accessing the claimant will be provided at the time the claim is filed and in a notice sent via e-mail or by postal service for those without an e-mail or who have not given the department permission to contact them by e-mail. Hard copies will be provided without charge to any claimant who requests one. The rules also clarify that the timeframes for applying for training benefits will begin with the date the notice is provided rather than the date a handbook is mailed.
Reasons Supporting Proposal: The change will result in significant cost savings to the department, which will be spent on staff providing direct services to the public.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.
Statute Being Implemented: Chapter 50.20 RCW, RCW 50.22.155.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Employment security department, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Juanita Myers, 212 Maple Park, Olympia, (360) 902-9665; and Enforcement: Neil Gorrell, 212 Maple Park, Olympia, (360) 902-9303.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no disproportionate impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. The rules are intended to reduce costs while ensuring claimants still receive the information needed regarding their rights and responsibilities. They do not meet the definition of significant legislative rules under RCW 34.05.328.
December 19, 2013
Nan Thomas
Deputy Commissioner
AMENDATORY SECTION (Amending WSR 99-08-073, filed 4/5/99, effective 5/6/99)
WAC 192-120-010 Claimant information booklet.
(1) The department will publish and post on its web site an information ((for claimants)) booklet((, form number EMS 8139, to)) for unemployment insurance claimants that provides basic information on the laws, rules, and procedures ((about claims)) for unemployment insurance benefit((s)) claims. Single copies of the booklet will be available to the public at no charge.
(2) ((Each person)) The department will send claimants who file((s)) an application for benefits ((will be mailed a copy of the most recent version of the information for claimants booklet.
(3) Each person who is mailed a copy of the information booklet will be responsible for filing claims in accordance with its instructions.
(4) A replacement booklet will be mailed to any person who requests one.
(5) Each person who is mailed a booklet is responsible for reporting and filing claims according to the information)) a link to the booklet by e-mail or other electronic means. If the department does not have the ability or authorization to notify a claimant by e-mail or other electronic means, the department will mail the claimant a written notice containing the web address for the booklet. The department will mail a hard copy of the booklet to any claimant who requests it.
(3) The department will maintain a brief descriptive web address to help claimants locate the booklet online. The link to the booklet will be prominently displayed on the department's web site.
(4) Each claimant is responsible for filing weekly claims and following all instructions as required in the booklet for the duration of the claim unless other specific information is given to the ((person)) claimant in writing.
(((6))) (5) The department will assist any person who ((may have)) advises the department that he or she is having difficulty understanding the booklet.
(((7))) (6) If ((you fail to)) a claimant does not ask for help in understanding the booklet, ((you)) he or she will be presumed to understand its contents and held responsible for any failure to act as directed by the booklet.
AMENDATORY SECTION (Amending WSR 12-09-025, filed 4/6/12, effective 7/1/12)
WAC 192-270-035 Time frames.
(1) Information about training benefits will be included in the ((claimant information booklet)) informational pamphlet mailed or e-mailed to you at the time you file your application for unemployment benefits (see WAC 192-120-010). For purposes of subsections (2) and (3) of this section, the ((claimant information booklet)) informational pamphlet is considered your notification of the eligibility requirements for the training benefits program.
(2) Submitting a training plan.
Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), you have ninety 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 ninety-five calendar days from the date your application for benefits is filed, which represents ninety days plus five days for the ((booklet to reach you)) pamphlet to be delivered by mail.
(3) Enrollment in training.
Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), you must be enrolled in training within one hundred twenty calendar days, beginning on the date you are notified about the eligibility requirements for training benefits. For new claims, the deadline will be one hundred twenty-five calendar days from the date your application for benefits is filed, which represents one hundred twenty days plus five days for the ((booklet to reach you)) pamphlet to be delivered by mail.
(4) If you are a dislocated worker eligible under RCW 50.22.155 (2)(a)(i), you must submit a training plan and enroll in training prior to the end of your benefit year.
(5) Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), these time frames may be waived for good cause. For purposes of this section, "good cause" includes but is not limited to situations where:
(a) You were employer attached, including being on standby or partially unemployed, when you filed your claim for unemployment benefits but your attachment to your employer subsequently ended;
(b) You acted or failed to act on authoritative advice directly from department or partner staff upon which a reasonable person would normally rely;
(c) You were incapacitated due to illness or injury or other factors of similar gravity; or
(d) Other factors which would effectively prevent a reasonably prudent person, as defined in WAC 192-100-010, facing similar circumstances, from meeting the time frames established under this section.
(6) If you return to work, and subsequently become unemployed, the time frames described in subsections (2) and (3) begin with the date you file your additional claim for benefits.