WSR 01-10-117

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT


[ Filed May 2, 2001, 10:13 a.m. ]

Subject of Possible Rule Making: WAC 192-210-005 Definitions -- Educational employees and 192-210-015 How will the department decide if reasonable assurance exists?

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 Commissioner's duties and powers, 50.12.040 Rule-making authority.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature has amended RCW 50.44.053, which defines the term "reasonable assurance" as it pertains to continuing employment for educational employees. This change is effective for weeks of unemployment beginning after March 31, 2001. The existing rules need to be revised to be consistent with the new statutory definition.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (USDOL) reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of unemployment insurance laws as long as conformity is maintained. The proposed regulations will be shared with USDOL prior to adoption.

Process for Developing New Rule: The department will meet with stakeholders and interested parties to solicit input on the proposed regulations.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Juanita Myers, Rules Coordinator, Unemployment Insurance Division, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, phone (360) 902-9665, fax (360) 902-9799, e-mail jmyers@esd.wa.gov.

May 1, 2001

Paul Trause

Acting Commissioner

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