PREPROPOSAL STATEMENT OF INQUIRY
EMPLOYMENT SECURITY DEPARTMENT
[Filed April 1, 2020, 8:38 a.m.]
Subject of Possible Rule Making: The COVID-19 unemployment account (sections 3, 4, 5 of EHB 2965 (chapter 7, Laws of 2020)).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010
provide general rule-making authority to the employment security department (ESD). Section 5 of EHB 2965 (chapter 7, Laws of 2020) also directs ESD to establish rules relating to the COVID-19 unemployment account.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In the most recent legislative session, the legislature passed EHB 2965 (chapter 7, Laws of 2020), which appropriates funds into the COVID-19 unemployment account for the purposes of reducing specified benefit charges to eligible employers. Rules are necessary in order to establish which employers are eligible to apply for benefit charge reduction, which benefit charges are eligible to be reduced, and the process for how employers can apply for benefit charge reduction.
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 program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of the unemployment insurance laws so long as conformity is maintained. The proposed regulations will be shared with USDOL prior to adoption
Process for Developing New Rule: Draft rules will be shared with the public and stakeholders. The department will solicit input from all parties and consider all comments in the development of final rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Josh Dye, P.O. Box 9046, phone 360-890-3472, fax 844-652-7096, TTY relay 711, email Rules@esd.wa.gov, website https://esd.wa.gov/newsroom/rulemaking/benefits.
April 1, 2020
Employment Security Policy Director