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PDFWAC 192-200-005

Disqualification of students—RCW 50.20.095.

(1) General rule. If you are registered in a course of study that provides scholastic instruction of twelve or more credit hours per week, you are disqualified from receiving benefits or credit for your waiting week.
(2) Period of disqualification. The disqualification starts with the week the instruction begins or the week you left employment to return to school, whichever is earlier. The disqualification ends at midnight on Saturday of the week prior to the first full week in which you are no longer registered for twelve or more hours of instruction. You must certify to the department that you are not currently registered for twelve or more credit hours and will not be registered for twelve or more credit hours for at least sixty days. If you begin classes within sixty days, all benefits paid since the date of your certification will be considered an overpayment. This overpayment is subject to recovery under RCW 50.20.190. If you are registered for classes that begin more than sixty days in the future, you will not be disqualified under this subsection.
(3) Disqualification not applicable. The disqualification does not apply if you:
(a) Are in approved training under RCW 50.20.043;
(b) Are in an approved self-employment assistance program under RCW 50.20.250; or
(c) Show by a preponderance of the evidence that your student status does not significantly interfere with your actual availability for work when you apply.
(4) Definitions. As used in this section:
(a) "School" includes primary schools, secondary schools, and institutions of higher education as defined in RCW 50.44.037;
(b) "Scholastic instruction" includes all teaching or opportunity for learning subjects other than those of a strictly vocational nature. Subjects of a vocational nature are those embraced in the definition of "training" contained in WAC 192-200-010.
(c) "Twelve or more hours per week" means 12 or more credit hours per week or its equivalent.
(5) Students. Students who claim benefits are subject to all of the provisions of Title 50 RCW including:
(a) RCW 50.20.050 dealing with those who leave work voluntarily without good cause;
(b) RCW 50.20.010 (1)(c) requiring claimants to be able and available for and actively seeking work; and
(c) RCW 50.20.240 requiring claimants to provide evidence of their job search activities as requested by the department.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-200-005, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-005, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-200-005, filed 12/9/04, effective 1/9/05.]
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