PERMANENT RULES
Date of Adoption: September 1, 1999.
Purpose: To repeal WAC 192-16-001 Interpretive regulations--Employer reports--Effect of omitting information--Limitation, and replace it in accordance with Executive Order 97-02 with WAC 192-310-035 Employer reports--Failure to report hours. This change promotes clarity of the rule for the general public and removes any archaic language from the original rule.
Citation of Existing Rules Affected by this Order: Repealing WAC 192-12-090.
Statutory Authority for Adoption: Chapters 34.05 and 50.12 RCW.
Other Authority: RCW 49.46.020.
Adopted under notice filed as WSR 99-11-092 on May 19, 1999.
Changes Other than Editing from Proposed to Adopted Version: Changed repealer, corrected "sections" plural to "section" singular and the verb "are" to the verb "is."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 0, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
August 30, 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 will be recalculated.
(3) In the event the claim is voided, or reduced, the original claim amount will not be considered as an overpayment against the claimant.
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The following section of the Washington Administrative Code is repealed:
| WAC 192-16-001 | Employer reports--Failure to report hours. |