PERMANENT RULES
Date of Adoption: July 13, 1999.
Purpose: To clarify procedures for filing appeals, petitions for hearing, and petitions for review, and the procedures to be used by interstate claimants when filing applications for unemployment benefits, following the implementation of unemployment claims telecenters.
Citation of Existing Rules Affected by this Order: Repealing WAC 192-12-130; and amending WAC 192-04-060.
Statutory Authority for Adoption: RCW 50.20.010, 50.12.040.
Adopted under notice filed as WSR 99-01-161 on December 23, 1998.
Changes Other than Editing from Proposed to Adopted Version: Additional language was added to WAC 192-110-010(6) to clarify the appeals process; the change is not substantive.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 1. Effective Date of Rule: Thirty-one days after filing.
July 17, 1999
Carver Gayton
Commissioner
(1) Appeals and petitions for hearing. Any interested party who is
aggrieved by any decision of the department set forth in WAC 192-04-050 may file a written
appeal or petition for hearing ((in person at, or)) by mailing it or sending it via electronic
telefacsimile to((, any job service center or district tax office or the unemployment compensation
agency in any other state or territory in which he or she then resides)) the unemployment claims
telecenter indicated on the determination notice or order and notice of assessment.
The appeal or petition for hearing shall be filed within thirty days of the date the decision
is delivered or mailed, whichever is the earlier. ((If t))The appeal and/or petition for hearing ((is
mailed, it)) shall be filed in accordance with the provisions of RCW 50.32.025.
(2) Petitions for review. Any interested party who is aggrieved by a decision of the
office of administrative hearings, other than an order approving a withdrawal of appeal, an order
approving a withdrawal of a petition for hearing, a consent order, or an interim order, may file a
written petition for review in accordance with the provisions of WAC 192-04-170. The petition
for review shall be filed within thirty days of the date of delivery or mailing of the decision of the
office of administrative hearings, whichever is the earlier. ((If t))The petition for review ((is
mailed it)) shall be filed in accordance with the provisions of RCW 50.32.025.
(3) Forms. At the request of an interested, aggrieved party, the employment security department shall furnish forms for the filing of a notice of appeal, petition for hearing, or petition for review, but the use of such forms is not a jurisdictional requirement.
[Statutory Authority: RCW 50.12.010, [50.12.]040 and RCW 34.05.310 et seq. 95-18-055, § 192-04-060, filed 8/31/95, effective 10/1/95. Statutory Authority: RCW 50.12.010 and 50.12.040. 89-24-030, § 192-04-060, filed 11/30/89, effective 1/1/90.]
(1) What is an "interstate claimant"? An "interstate claimant" is a person who files a claim for one state's unemployment benefits from another state. The state that pays your claim is called the "liable state". For example:
(a) You are an interstate claimant if you live in Oregon and file a claim from Oregon for benefits that will be paid by Washington.
(b) You are an interstate claimant if you live in Washington and file a claim in Washington for benefits that will be paid by Oregon.
(c) You are NOT an interstate claimant if you live in Oregon but file your claim for Washington benefits in Washington; this is because your claim was filed in the same state that will be paying your benefits.
(2) Where can I apply for benefits? You can file your application for benefits from any state, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Canada.
(3) How do I apply for benefits? Place a telephone call to the unemployment claims telecenter in Washington. You will be asked whether you worked in any state other than Washington within the last two years. This will help decide which state will be paying your claim.
(a) If Washington will be paying your claim, your application for benefits will be taken over the telephone;
(b) If another state will be paying your claim, you will be told how to file your claim with that state.
(4) Who decides if I am eligible for benefits? Every state has its own laws which control eligibility for benefits. If you file a claim for Washington benefits, your eligibility for benefits will be decided by Washington state law even if you file from another state. If you file for benefits against another state, your eligibility for benefits will be decided under that state's laws.
(5) When can I apply for benefits? You can apply for benefits at any time, even if you are working. However, if you already have a valid claim in one state, you must continue with that claim as long as benefits are available before a new claim against another state can be established. A "valid" claim is one that has not been denied, terminated, or the benefits exhausted (paid out).
(6) How do I file an appeal? If you wish to file an appeal about your claim, do so by filing it directly with the state that is paying your claim (liable state):
(a) If Washington is paying your claim, use one of the filing methods listed in WAC 192-04-060. If mailed, your appeal will be considered filed on the postmarked date.
(b) If another state is paying your claim, mail your appeal directly to that state.
All appeal hearings will be conducted by the liable state by telephone. The liable state will notify you of the date, time, and telephone number of the hearing.
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The following section of the Washington Administrative Code is repealed:
| WAC 192-12-130 | Unemployment benefits for interstate claimants. |