WSR 17-01-080 EXPEDITED RULES EMPLOYMENT SECURITY DEPARTMENT [Filed December 15, 2016, 4:41 p.m.]
Title of Rule and Other Identifying Information: WAC 192-120-050 Conditional payment of benefits, the rule provides that, when the department has an eligibility question regarding an unemployment benefits recipient in continued claim status, benefits will be conditionally paid. It also provides that claimants may request that their conditional payments be held until the department makes a decision regarding their eligibility.
NOTICE
THIS RULE IS BEING PROPOSED UNDER 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 USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Juanita Myers, Employment Security Department, P.O. Box 9046, Olympia, WA 98507, AND RECEIVED BY February 22, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule is being amended to strike subsections (2) and (3) which authorize claimants to have their conditional payments held until an eligibility decision is issued. With the amendment, claimants in continued claim status will be paid conditionally when their eligibility is [in] question.
Reasons Supporting Proposal: The United States Department of Labor (USDOL), Employment and Training Administration, has notified the department that providing claimants with the option to have their payments held is inconsistent with federal law. The department will amend the rule consistent with USDOL's interpretation.
Statute Being Implemented: Chapter 50.20 RCW.
Rule is necessary because of federal law, UI Program Letter No. 45-89.
Name of Proponent: Employment security department, governmental.
Name of Agency Personnel Responsible for Drafting: Juanita Myers, 212 Maple Park, Olympia, (360) 902-9665; Implementation and Enforcement: Neil Gorrell, 212 Maple Park, Olympia, (360) 902-9303.
December 14, 2016
Dale Peinecke
Commissioner
AMENDATORY SECTION (Amending WSR 16-21-013, filed 10/7/16, effective 11/14/16)
WAC 192-120-050 Conditional payment of benefits.
(1) If you are a continued claim recipient and your eligibility for benefits is questioned by the department, you will be conditionally paid benefits without delay for any week(s) for which you file a claim for benefits, until and unless you have been provided adequate notice and an opportunity to be heard.
(2) ((At your request, we will hold conditional payments when you are eligible for conditional payment under WAC 192-100-070.
(3) Payment will be issued for any payments withheld under subsection (2) of this section if we determine you are eligible for benefits.
(4))) Conditional payments will not be made under the conditions described in WAC 192-140-200 and 192-140-210.
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