EXPEDITED ADOPTION
Title of Rule: Relief of benefit charges.
Purpose: To repeal WAC 192-12-400 and replace it with a revised rule in accordance with Governor Locke's Executive Order 97-02.
Statutory Authority for Adoption: Chapter 34.05 RCW.
Statute Being Implemented: RCW 50.20.020(2).
Summary: Establishes relief from select benefit charges for contribution-paying nonlocal government base year employers for payment of benefits.
Reasons Supporting Proposal: Housekeeping chore in keeping 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 Tax Administration, UI Division, P.O. Box 9046, Olympia, WA 98507, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule is of a housekeeping nature only and is only for contribution-paying nonlocal government base year employers who may request relief from select benefit charges. Establishes that this type of employer must return a request for Relief of Benefit Charges received or postmarked within thirty days of the mailing of the Notice to Base Year Employer (EMS 166). Also notes the availability of appeal rights under RCW 50.32.050.
Proposal does not change existing rules.
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, UI Tax Administration, P.O. Box 9046, Olympia, WA 98507 , AND RECEIVED BY November 22, 1999.
September 14, 1999
Carver Gayton
Commissioner
Chapter 192-320-WACFor purposes of RCW 50.20.020(2) a contribution-paying non-local government base year employer may request relief from certain benefit charges which result from the payment of benefits to an individual.
(1) Employer added to a monetary determination as the result of a re-determination. The employer's request for relief of benefit charges must be received or postmarked within thirty (30) days of mailing the notification of re-determination (Notice to Base Year Employer - EMS 166).
(2) Timely Response. The commissioner may consider a request for relief of benefit charges that has not been received or postmarked within thirty (30) days as timely if the employer establishes good cause for the untimely response.
(3) Additional Information.
(a) The employer shall provide the information requested by the department within thirty (30) days of the mailing date of the department's request.
(b) It shall be the responsibility of the employer to provide all pertinent facts to the satisfaction of the department to make a determination of relief of benefits charges, or good cause, for failure to respond in a timely manner.
(c) Failure to respond within thirty (30) days will result in a denial of the employer's request for relief of benefit charges unless the employer establishes good cause for the untimely response.
(4) Denial and Appeal of Request. Any denial of a request for relief of benefit charges shall be in writing and will be the basis of appeal pursuant to RCW 50.32.050.
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The following section of the Washington Administrative Code is repealed:
| WAC 192-12-400 |