EMPLOYMENT SECURITY DEPARTMENT

[Filed December 4, 2025, 1:21 p.m.]

Preproposal statement of inquiry was filed as WSR 25-17-088.

Title of Rule and Other Identifying Information: WAC 192-460-150 Use of employee information under the Securing Timely Notification and Benefits for Laid-off Employees Act.

Hearing Location(s): On January 30, 2026, at 9:00 a.m., via Zoom at https://esd-wa-gov.zoom.us/j/89043828043?pwd=e8votxtNm6fri26164sQDnE6YYhQCv.1, Meeting ID 890 4382 8043, Passcode 466506.

Date of Intended Adoption: February 2, 2026.

Submit Written Comments to: Stephanie Frazee, P.O. Box 9046, Olympia, WA 98507-9046, email esdgpuirules@esd.wa.gov, fax 844-652-7096, beginning December 4, 2025, by January 30, 2026, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Teresa Eckstein, phone 360-507-9890, fax 360-586-4600, TTY relay 711, email Teresa.eckstein@esd.wa.gov, by January 23, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Under chapter 49.45 RCW, certain employers are required to provide notice to impacted employees and the employment security department (department) before the employer initiates a mass layoff or business closing, with certain exceptions. The notices must include the names and addresses of impacted employees. The purpose of this new rule is to explain that employee information received by the department through employer notices required by RCW 49.45.020 will be used by the department to administer and provide services to those individuals under the Employment Security Act in Title 50 RCW. Specifically, the department will use the information in the notices to provide unemployment insurance information, dislocated worker program services, job seeker services, and retraining services, among others. This rule will help clarify that, although the notices are required under chapter 49.45 RCW, the department will use the information in the notices to carry out its duties under Title 50 RCW.

Reasons Supporting Proposal: The proposed rule is necessary to explain that employee information received by the department through employer notices required by RCW 49.45.020 will be used by the department to administer and provide services to those individuals under the Employment Security Act in Title 50 RCW. Specifically, the department will use the information in the notices to provide unemployment insurance information, dislocated worker program services, job seeker services, and retraining services, among others. This rule will help clarify that, although the notices are required under chapter 49.45 RCW, the department will use the information in the notices to carry out its duties under Title 50 RCW.

Statutory Authority for Adoption: RCW 49.45.070, 50.12.010, and 50.12.040.

Statute Being Implemented: RCW 49.45.020, 50.12.190 - [50.12].252, 50.13.020, and chapter 50.20 RCW.

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: Stephanie Frazee, Olympia, Washington, 425-465-0313; Implementation and Enforcement: J.R. Richards, Olympia, Washington, 360-463-1079.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The rule is exempt from the requirement to prepare a cost-benefit analysis under RCW 34.05.328 (5)(b)(ii) because the rule relates only to internal governmental operations that are not subject to violation by a nongovernment party.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Explanation of exemptions: The rule explains how the department uses the information it receives from the employer notices; therefore, the rule pertains only to the department's internal operations and does not impose any requirements on other parties.

Scope of exemption for rule proposal:

Employment System Policy and Integrity Division

WAC 192-460-150Use of employee information under the Securing Timely Notification and Benefits for Laid-off Employees Act.

The department shall use employee information received through notices required under RCW 49.45.020 to administer the Employment Security Act for the benefit of those affected by a business closure or mass layoff. This includes:

(1) Facilitating prompt access to information and support regarding unemployment insurance benefits for affected employees;

(2) Coordinating with workforce development partners to provide rapid response services; and

(3) Supporting program integrity through eligibility verification and fraud prevention.