EXPEDITED ADOPTION
Title of Rule: Employer reports--Failure to report hours.
Purpose: To show the process the department follows to calculate a claimant's hours on an unemployment insurance claim if an employer fails to report the hours worked.
Statutory Authority for Adoption: Chapters 34.05 and 50.12 RCW.
Statute Being Implemented: Portion of RCW 49.46.020.
Summary: To revise the rule to promote clarity and delete archaic language. This rule is being rewritten and renumbered to remove sections of rules that are difficult to understand.
Reasons Supporting Proposal: This rule is being amended in compliance with Governor Locke's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: George Mante, 212 Maple Park, Olympia, WA, (360) 902-9642; Implementation and Enforcement: Dale Ziegler, 212 Maple Park, Olympia, WA, (360) 902-9303.
Name of Proponent: Employment Security Department, UI Division, UI Tax Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule has not been changed from the original rule other than to clarify archaic language and to comply with Governor Locke's Executive Order 97-02. This rule should read better to the general public. The rule describes what occurs should an employer fail to report hours for an employee and the manner in which the department processes any claim as a result of said failure.
Proposal Changes the Following Existing Rules: The existing rule is repealed. The new
rule is being renumbered and rewritten in accordance with Executive Order 97-02 and the
department's new easier system for identifying rules for all users. There is no substantive change
to the pervious rule.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO George Mante, Employment Security Department, Unemployment Insurance Division, UI Tax Administration, P.O. Box 9046, Olympia, WA 98507-9046 , AND RECEIVED BY July 21, 1999.
May 13, 1999
Carver Gayton
Commissioner
(1) If an employer fails to report hours worked and a former employee files for benefits, the benefits will be based on the amount of hours calculated by using the state’s minimum wage (RCW 49.46.020) in effect at the time.
(2) If the employer subsequently produces the actual hours worked, the employee’s claim may be determined.
(3) In the event the claim is determined invalid, the original claim amount will not be considered as an overpayment against the claimant.
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The following sections of the Washington Administrative Code are repealed:
| WAC 192-16-001 | Employer reports--Failure to report hours. |