reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.045 - Warrant for assessment.

RCW 50A.45.045
Warrant for assessment.
Whenever any order and notice of assessment or jeopardy assessment has become final in accordance with the provisions of this title the commissioner may file with the clerk of any county within the state a warrant in the amount of the notice of assessment plus interest, penalties, and a filing fee under RCW 36.18.012(10). The clerk of the county wherein the warrant is filed shall immediately designate a superior court cause number for such warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the employer mentioned in the warrant, the amount of the tax, interest, penalties, and filing fee and the date when such warrant was filed. The aggregate amount of such warrant as docketed shall become a lien upon the title to, and interest in all real and personal property of the employer against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. Such warrant so docketed shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law in the case of civil judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant, and charged by the commissioner to the employer. A copy of the warrant shall be mailed to the employer using a method by which the mailing can be tracked or the delivery can be confirmed within five days of filing with the clerk.
[ 2019 c 13 § 25; 2017 3rd sp.s. c 5 § 63. Formerly RCW 50A.04.160.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.050 - Liens.

RCW 50A.45.050
Liens.
The claim of the employment security department for any premiums, interest, or penalties not paid when due, shall be a lien prior to all other liens or claims and on a parity with prior tax liens against all property and rights to property, whether real or personal, belonging to the employer. In order to avail itself of the lien hereby created, the department shall file with any county auditor where property of the employer is located a statement and claim of lien specifying the amount of delinquent premiums, interest, and penalties claimed by the department. From the time of filing for record, the amount required to be paid shall constitute a lien upon all property and rights to property, whether real or personal, in the county, owned by the employer or acquired by him or her. The lien shall not be valid against any purchaser, holder of a security interest, mechanic's lien, or judgment lien creditor until notice thereof has been filed with the county auditor. This lien shall be separate and apart from, and in addition to, any other lien or claim created by, or provided for in, this title. When any such notice of lien has been so filed, the commissioner may release the same by filing a certificate of release when it shall appear that the amount of delinquent premiums, interest, and penalties have been paid, or when such assurance of payment shall be made as the commissioner may deem to be adequate. Fees for filing and releasing the lien provided herein may be charged to the employer and may be collected from the employer utilizing the remedies provided in this title for the collection of premiums.
[ 2019 c 13 § 26; 2017 3rd sp.s. c 5 § 56. Formerly RCW 50A.04.165.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.055 - Liens—Insolvency, dissolution, or distribution of assets.

RCW 50A.45.055
Liens—Insolvency, dissolution, or distribution of assets.
In the event of any distribution of an employer's assets pursuant to an order of any court, including any receivership, probate, legal dissolution, or similar proceeding, or in case of any assignment for the benefit of creditors, composition, or similar proceeding, premiums, interest, or penalties then or thereafter due shall be a lien upon all the assets of such employer. Said lien is prior to all other liens or claims except prior tax liens, other liens provided by this title, and claims for remuneration for services of not more than two hundred fifty dollars to each claimant earned within six months of the commencement of the proceeding. The mere existence of a condition of insolvency or the institution of any judicial proceeding for legal dissolution or of any proceeding for distribution of assets shall cause such a lien to attach without action on behalf of the commissioner or the state. In the event of an employer's adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal bankruptcy act of 1898, as amended, premiums, interest, or penalties then or thereafter due shall be entitled to such priority as provided in that act, as amended.
[ 2019 c 13 § 27; 2017 3rd sp.s. c 5 § 57. Formerly RCW 50A.04.170.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.060 - Civil actions—Service of process.

RCW 50A.45.060
Civil actions—Service of process.
(1) If after due notice, any employer defaults in any payment of premiums, interest, or penalties, the amount due may be collected by civil action in the name of the state, and the employer adjudged in default shall pay the cost of such action. Any lien created by this title may be foreclosed by decree of the court in any such action. Civil actions brought under this title to collect premiums, interest, or penalties from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this title, cases arising under the unemployment compensation laws of this state, and cases arising under the industrial insurance laws of this state.
(2) Any employer that is not a resident of this state and that exercises the privilege of having one or more individuals perform service for it within this state, and any resident employer that exercises that privilege and thereafter removes from this state, shall be deemed thereby to appoint the secretary of state as its agent and attorney for the acceptance of process in any action under this title. In instituting such an action against any such employer the commissioner shall cause such process or notice to be filed with the secretary of state and such service shall be sufficient service upon such employer, and shall be of the same force and validity as if served upon it personally within this state: PROVIDED, That the commissioner shall forthwith send notice of the service of such process or notice, together with a copy thereof, by registered mail, return receipt requested, to such employer at its last known address and such return receipt, the commissioner's affidavit of compliance with the provisions of this section, and a copy of the notice of service shall be appended to the original of the process filed in the court in which such action is pending.
[ 2019 c 13 § 28; 2017 3rd sp.s. c 5 § 64. Formerly RCW 50A.04.175.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.065 - Injunction from continuing in business.

RCW 50A.45.065
Injunction from continuing in business.
Any employer who is delinquent in the payment of premiums, interest, or penalties may be enjoined upon the suit of the state of Washington from continuing in business in this state or employing persons herein until the delinquent premiums, interest, and penalties have been paid, or until the employer has furnished a good and sufficient bond in a sum equal to double the amount of premiums, interest, and penalties already delinquent, plus such further sum as the court deems adequate to protect the department in the collection of premiums, interest, and penalties which will become due from such employer during the next ensuing calendar year, said bond to be conditioned upon payment of all premiums, interest, and penalties due and owing within thirty days after the expiration of the next ensuing calendar year or at such earlier date as the court may fix. Action under this section may be instituted in the superior court of any county of the state wherein the employer resides, has its principal place of business, or where it has anyone performing services for it, whether or not such services constitute employment.
[ 2017 3rd sp.s. c 5 § 65. Formerly RCW 50A.04.180.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.070 - Compromise of claims.

RCW 50A.45.070
Compromise of claims.
The commissioner may compromise any claim for premiums, interest, or penalties due and owing from an employer, and any amount owed by an individual because of benefit overpayments existing or arising under this title in any case where collection of the full amount due and owing, whether reduced to judgment or otherwise, would be against equity and good conscience. Whenever a compromise is made by the commissioner in the case of a claim for premiums, interest, or penalties, whether reduced to judgment or otherwise, there shall be placed on file in the department a statement of the amount of premiums, interest, and penalties imposed by law and claimed due, attorneys' fees and costs, if any, a complete record of the compromise agreement, and the amount actually paid in accordance with the terms of the compromise agreement. Whenever a compromise is made by the commissioner in the case of a claim of a benefit overpayment, whether reduced to judgment or otherwise, there shall be placed on file in the department a statement of the amount of the benefit overpayment, attorneys' fees and costs, if any, a complete record of the compromise agreement, and the amount actually paid in accordance with the terms of the compromise agreement. If any such compromise is accepted by the commissioner, within such time as may be stated in the compromise or agreed to, such compromise shall be final and conclusive and except upon showing of fraud or malfeasance or misrepresentation of a material fact the case shall not be reopened as to the matters agreed upon. In any suit, action, or proceeding, such agreement or any determination, collection, payment, adjustment, refund, or credit made in accordance therewith shall not be annulled, modified, set aside, or disregarded.
[ 2019 c 13 § 29; 2017 3rd sp.s. c 5 § 54. Formerly RCW 50A.04.185.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.075 - Uncollectible accounts.

RCW 50A.45.075
Uncollectible accounts.
The commissioner may charge off as uncollectible and no longer an asset of the family and medical leave account, any delinquent premiums, interest, penalties, credits, or benefit overpayments if the commissioner is satisfied that there are no cost-effective means of collecting the premiums, interest, penalties, credits, or benefit overpayments.
[ 2017 3rd sp.s. c 5 § 66. Formerly RCW 50A.04.190.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.010 - Generally.

RCW 50A.50.010
Generally.
(1) Any aggrieved party may file an appeal from any determination or redetermination with the commissioner within thirty days after the date of notification or mailing, whichever is earlier, of such determination or redetermination to the party's last known address. If an appeal with respect to any determination is pending as of the date when a redetermination is issued, such appeal, unless withdrawn, shall be treated as an appeal from such redetermination.
(2) Any appeal from a determination of denial of benefits shall be deemed to be an appeal as to all weeks subsequent to the effective date of the denial for which benefits have already been denied. If no appeal is taken from any determination, or redetermination, within the time allowed by the provisions of this section for appeal, the determination or redetermination, as the case may be, shall be conclusively deemed to be correct except as provided in respect to reconsideration by the commissioner of any determination.
(3) Upon receipt of a notice of appeal, the commissioner shall request the assignment of an administrative law judge under chapter 34.12 RCW to conduct a hearing in accordance with chapter 34.05 RCW and issue a proposed order.
[ 2020 c 125 § 14; 2018 c 141 § 3; 2017 3rd sp.s. c 5 § 34. Formerly RCW 50A.04.500.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.020 - Assessments.

RCW 50A.50.020
Assessments.
(1) When an order and notice of assessment has been served upon or mailed to a delinquent employer, the employer may within thirty days file an appeal with the department, stating that the assessment is unjust or incorrect and requesting a hearing. The appeal must set forth the reasons why the assessment is objected to and the amount of premiums, if any, which the employer admits to be due. If no appeal is filed, the assessment shall be conclusively deemed to be just and correct except that in such case, and in cases where payment of premiums, interest, or penalties has been made pursuant to a jeopardy assessment, the commissioner may properly entertain a subsequent application for refund. The filing of an appeal on a disputed assessment with the administrative law judge stays the distraint and sale proceeding provided for in this title until a final decision has been made, but the filing of an appeal shall not affect the right of the commissioner to perfect a lien, as provided by this title, upon the property of the employer. The filing of a petition on a disputed assessment stays the accrual of interest and penalties on the disputed premiums until a final decision is made.
(2) Within thirty days after notice of denial of refund or adjustment has been mailed or delivered, whichever is the earlier, to an employer, the employer may file an appeal with the department for a hearing unless assessments have been appealed from and have become final. The employer shall set forth the reasons why such hearing should be granted and the amount which the employer believes should be adjusted or refunded. If no appeal is filed within said thirty days, the determination of the commissioner as stated in the notice shall be final.
[ 2019 c 13 § 44; 2017 3rd sp.s. c 5 § 36. Formerly RCW 50A.04.505.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.030 - Benefit redeterminations.

RCW 50A.50.030
Benefit redeterminations.
(1) A determination of amount of benefits potentially payable under this title is not a basis for appeal. However, the determination is subject to request by the employee on family and medical leave for redetermination by the commissioner at any time within one year from the date of delivery or mailing of such determination, or any redetermination thereof. A redetermination shall be furnished to the employee in writing and provide the basis for appeal.
(2) A determination of denial of benefits becomes final, in the absence of timely appeal therefrom. The commissioner may redetermine such determinations at any time within one year from delivery or mailing to correct an error in identity, omission of fact, or misapplication of law with respect to the facts.
(3) A determination of allowance of benefits becomes final, in the absence of a timely appeal therefrom. The commissioner may redetermine such allowance at any time within two years following the eligibility period in which such allowance was made in order to recover any benefits for which recovery is provided under this title.
(4) A redetermination may be made at any time: (a) To conform to a final court decision applicable to either an initial determination or a determination of denial or allowance of benefits; (b) in the event of a back pay award or settlement affecting the allowance of benefits; or (c) in the case of misrepresentation or willful failure to report a material fact. Written notice of any such redetermination shall be promptly given by mail or delivered to such interested parties as were notified of the initial determination or determination of denial or allowance of benefits and any new interested party or parties who, pursuant to such rule as the commissioner may adopt, would be an interested party.
[ 2019 c 13 § 45; 2017 3rd sp.s. c 5 § 53. Formerly RCW 50A.04.510.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.040 - When deemed filed and received.

RCW 50A.50.040
When deemed filed and received.
The appeal or petition from a determination, redetermination, order and notice of assessment, appeals decision, or commissioner's decision is deemed filed and received if properly addressed and with sufficient postage:
(1) If transmitted through the United States mail, on the date shown by the United States postal service cancellation mark;
(2) If mailed but not received by the addressee, or where received and the United States postal service cancellation mark is illegible, erroneous, or omitted, on the date it was mailed, if the sender establishes by competent evidence that the appeal or petition was deposited in the United States mail on or before the date due for filing; or
(3) In the case of a metered cancellation mark by the sender and a United States postal service cancellation mark on the same envelope or other wrapper, the latter shall control.
[ 2017 3rd sp.s. c 5 § 35. Formerly RCW 50A.04.515.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.050 - Assessments—Procedure.

RCW 50A.50.050
Assessments—Procedure.
In any proceeding before an administrative law judge involving an appeal from a disputed order and notice of assessment or a disputed denial of refund or adjustment, the administrative law judge, after affording the parties a reasonable opportunity for hearing, shall affirm, modify, or set aside the notice of assessment or denial of refund. The parties shall be duly notified of such decision together with the reasons, which shall be deemed to be the final decision unless within thirty days after the date of notification or mailing, whichever is the earlier, of such decision, further appeal is perfected pursuant to the provisions of this title relating to review by the commissioner.
[ 2019 c 13 § 46; 2017 3rd sp.s. c 5 § 38. Formerly RCW 50A.04.520.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.060 - Benefits—Procedure.

RCW 50A.50.060
Benefits—Procedure.
(1) In any proceeding before an administrative law judge involving a dispute of an employee's initial determination, claim for waiting period credit or claim for benefits, all matters and provisions of this title relating to the employee's initial determination, or right to receive such credit or benefits for the period in question, shall be deemed to be in issue irrespective of the particular ground or grounds set forth in the notice of appeal in single employee cases.
(2) In any proceeding before an administrative law judge involving an employee's right to benefits, all parties shall be afforded an opportunity for hearing after not less than seven days' notice in accordance with RCW 34.05.434.
(3) In any proceeding involving an appeal relating to benefit determinations or benefit claims, the administrative law judge, after affording the parties reasonable opportunity for fair hearing, shall render its decision affirming, modifying, or setting aside the determination or decisions of the department. The parties shall be duly notified of such decision together with the reasons, which shall be deemed to be the final decision unless, within thirty days after the date of notification or mailing, whichever is the earlier, of such decision, further appeal is perfected pursuant to RCW 50A.50.080.
[ 2019 c 13 § 47; 2018 c 141 § 4; 2017 3rd sp.s. c 5 § 37. Formerly RCW 50A.04.525.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.070 - Hearing procedures.

RCW 50A.50.070
Hearing procedures.
The manner in which any dispute is presented to the administrative law judge, and the conduct of hearings and appeals, shall be in accordance with rules adopted by the commissioner. A full and complete record shall be kept of all administrative law judge proceedings. All testimony at any appeal hearing shall be recorded, but need not be transcribed unless further appeal is taken.
[ 2017 3rd sp.s. c 5 § 39. Formerly RCW 50A.04.530.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.080 - Commissioner review—Initiation.

RCW 50A.50.080
Commissioner review—Initiation.
Within thirty days from the date of notification or mailing, whichever is the earlier, of any decision of an administrative law judge, the commissioner on the commissioner's own order may, or upon petition of any interested party shall, take jurisdiction of the proceedings for the purpose of review. Appeal from any decision of an administrative law judge may be perfected so as to prevent finality of such decision if, within thirty days from the date of notification or mailing of the decision, whichever is the earlier, a petition in writing for review by the commissioner is received by the commissioner or by such representative of the commissioner as the commissioner by rule shall prescribe. The commissioner may also prevent finality of any decision of an administrative law judge and take jurisdiction of the proceedings for his or her review by entering an order so providing on his or her own motion and mailing a copy thereof to the interested parties within the same period allowed for receipt of a petition for review. The time limit provided for the commissioner's assumption of jurisdiction on his or her own motion for review shall be deemed to be jurisdictional.
[ 2017 3rd sp.s. c 5 § 40. Formerly RCW 50A.04.535.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.090 - Commissioner review—Procedure.

RCW 50A.50.090
Commissioner review—Procedure.
After having acquired jurisdiction for review, the commissioner shall review the proceedings in question. Prior to rendering a decision, the commissioner may order the taking of additional evidence by an administrative law judge to be made a part of the record in the case. Upon the basis of evidence submitted to the administrative law judge and such additional evidence as the commissioner may order to be taken, the commissioner shall render a decision in writing affirming, modifying, or setting aside the decision of the administrative law judge. Alternatively, the commissioner may order further proceedings to be held before the administrative law judge, upon completion of which the administrative law judge shall issue a new decision in writing affirming, modifying, or setting aside the previous decision of the administrative law judge. The new decision of the administrative law judge may be appealed as provided under RCW 50A.50.080. The commissioner shall mail the decision of the commissioner to the interested parties at their last known addresses.
[ 2019 c 13 § 48; 2018 c 141 § 5; 2017 3rd sp.s. c 5 § 42. Formerly RCW 50A.04.540.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.100 - Commissioner review—When final—Commissioner as party.

RCW 50A.50.100
Commissioner review—When final—Commissioner as party.
Any decision of the commissioner involving a review of an administrative law judge decision, in the absence of a petition as provided in chapter 34.05 RCW, becomes final thirty days after notification or mailing, whichever is earlier. The commissioner shall be deemed to be a party to any judicial action involving any such decision and shall be represented in any such judicial action by the attorney general.
[ 2017 3rd sp.s. c 5 § 43. Formerly RCW 50A.04.545.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.110 - Applicability of findings, determinations, etc. to other actions.

RCW 50A.50.110
Applicability of findings, determinations, etc. to other actions.
Any finding, determination, conclusion, declaration, or final order made by the commissioner, or his or her representative or delegate, or by an appeal tribunal, administrative law judge, reviewing officer, or other agent of the department for the purposes of this title, shall not be conclusive, nor binding, nor admissible as evidence in any separate action outside the scope of this title between an employee and the employee's present or prior employer before an arbitrator, court, or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts or was reviewed pursuant to RCW 50A.50.140.
[ 2019 c 13 § 49; 2017 3rd sp.s. c 5 § 48. Formerly RCW 50A.04.550.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.120 - Waiver of time limitations.

RCW 50A.50.120
Waiver of time limitations.
For good cause shown the administrative law judge or the commissioner may waive the time limitations for administrative appeals or petitions set forth in this title.
[ 2019 c 13 § 50; 2017 3rd sp.s. c 5 § 41. Formerly RCW 50A.04.555.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.130 - Judicial review.

RCW 50A.50.130
Judicial review.
(1) In all court proceedings under or pursuant to this title the decision of the commissioner shall be prima facie correct, and the burden of proof shall be upon the party attacking the decision.
(2) If the court determines that the commissioner has acted within the commissioner's power and has correctly construed the law, the decision of the commissioner shall be confirmed; otherwise, the decision shall be reversed or modified. In case of a modification or reversal the superior court shall refer the decision to the commissioner with an order directing the commissioner to proceed in accordance with the findings of the court.
(3) Whenever any order and notice of assessment shall have become final in accordance with the provisions of this title, the court shall upon application of the commissioner enter a judgment in the amount provided for in the order and notice of assessment, and the judgment shall have and be given the same effect as if entered pursuant to a civil action instituted in the court.
[ 2019 c 13 § 51; 2017 3rd sp.s. c 5 § 47. Formerly RCW 50A.04.560.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.140 - Judicial review—Procedure.

RCW 50A.50.140
Judicial review—Procedure.
Judicial review of a decision of the commissioner involving the review of a decision of an administrative law judge under this title may be had only in accordance with the procedural requirements of RCW 34.05.452.
[ 2019 c 13 § 52; 2018 c 141 § 6; 2017 3rd sp.s. c 5 § 44. Formerly RCW 50A.04.565.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.150 - Judicial review—Bond—Stay.

RCW 50A.50.150
Judicial review—Bond—Stay.
(1) A bond of any kind shall not be required of any employee seeking judicial review from a commissioner's decision affecting such employee's application for initial determination or claim for waiting period credit or for benefits.
(2) A commissioner's decision shall not be stayed by a petition for judicial review unless the petitioning employer shall first deposit an undertaking in an amount deemed by the commissioner to be due, if any, from the petitioning employer, together with interest thereon, if any, with the commissioner or in the registry of the court.
(3) This section does not authorize a stay in the payment of benefits to an employee when such employee has been held entitled thereto by a decision of the commissioner which decision either affirms, reverses, or modifies a decision of an appeals tribunal.
[ 2017 3rd sp.s. c 5 § 45. Formerly RCW 50A.04.570.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.160 - Judicial review—Interstate petitions.

RCW 50A.50.160
Judicial review—Interstate petitions.
RCW 34.05.514 to the contrary notwithstanding, petitions to the superior court from decisions of the commissioner dealing with the applications or claims relating to benefit payments that were filed outside of this state with an authorized representative of the commissioner shall be filed with the superior court of Thurston county that shall have the original venue of such appeals.
[ 2017 3rd sp.s. c 5 § 46. Formerly RCW 50A.04.575.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.170 - Fees.

RCW 50A.50.170
Fees.
An individual shall not be charged fees of any kind in any proceeding involving the employee's application for initial determination, or claim for waiting period credit, or claim for benefits, under this title by the commissioner or his or her representatives, or by an appeal tribunal, or any court, or any officer thereof. Any employee in any such proceeding before the commissioner or any appeal tribunal may be represented by counsel or other duly authorized agent who shall neither charge nor receive a fee for such services in excess of an amount found reasonable by the officer conducting such proceeding.
[ 2019 c 13 § 53; 2017 3rd sp.s. c 5 § 49. Formerly RCW 50A.04.580.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.180 - Attorneys' fees—Court.

RCW 50A.50.180
Attorneys' fees—Court.
It shall be unlawful for any attorney engaged in any appeal to the courts on behalf of an employee involving the employee's application for initial determination or claim for benefits to charge or receive any fee in excess of a reasonable fee to be fixed by the superior court in respect to the services performed in connection with the appeal taken and to be fixed by the supreme court or the court of appeals in the event of appellate review, and if the decision of the commissioner shall be reversed or modified, such fee and the costs shall be payable out of the family and medical leave enforcement account.
[ 2017 3rd sp.s. c 5 § 50. Formerly RCW 50A.04.585.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.190 - Commissioner's expenses.

RCW 50A.50.190
Commissioner's expenses.
(1) Whenever any appeal is taken from any decision of the commissioner to any court, all expenses and costs incurred by the commissioner, including court reporter costs and attorneys' fees and all costs taxed against such commissioner, shall be paid out of the family and medical leave enforcement account.
(2) Neither the commissioner nor the state shall be charged any fee for any service rendered in connection with litigation under this title by the clerk of any court.
[ 2019 c 13 § 54; 2017 3rd sp.s. c 5 § 52. Formerly RCW 50A.04.590.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.50 - Appeals. › 50A.50.200 - Remedies exclusive.

RCW 50A.50.200
Remedies exclusive.
The remedies provided in this title for determining the justness or correctness of assessments, refunds, adjustments, or claims shall be exclusive and no court shall entertain any action to enjoin an assessment or require a refund or adjustment except in accordance with the provisions of this title. Matters which may be determined by the procedures set out in this title shall not be the subject of any declaratory judgment.
[ 2019 c 13 § 55; 2017 3rd sp.s. c 5 § 51. Formerly RCW 50A.04.595.]
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.040 - Long-term services and supports council—Benefit unit adjustment.

RCW 50B.04.040
Long-term services and supports council—Benefit unit adjustment.
(1) The long-term services and supports council is established. The council includes the members identified in RCW 50B.04.030(2) (a) through (e) and the director of the office of financial management, or the director's designee.
(2) On an annual basis, the council must determine adjustments to the benefit unit as provided in the definition of "benefit unit" in RCW 50B.04.010 to assure benefit adequacy and solvency of the long-term services and supports trust account established in RCW 50B.04.100. In determining adjustments to the benefit unit, the council must review the state actuary's actuarial audit and valuation of the trust account, any recommendations by the state actuary and commission, data on relevant economic indicators and program costs, and sustainability.
(3) The director of the office of financial management, or the director's designee, shall serve as chair of the council. The council must meet at least once annually to determine adjustments to the benefit unit as defined in RCW 50B.04.010. Additional meetings of the council are at the call of the chair. A majority of the voting members of the council shall constitute a quorum for any votes of the council. Approval of sixty percent of the members of the council who are in attendance is required for the passage of any vote. The council may adopt rules for the conduct of meetings, including provisions for meetings and voting to be conducted by telephonic, video, or other conferencing process.
(4) Members of the council must be compensated in accordance with RCW 43.03.250 and must be reimbursed for their travel expenses while on official business in accordance with RCW 43.03.050 and 43.03.060.
[ 2019 c 363 § 5.]
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.050 - Qualified individuals.

RCW 50B.04.050
Qualified individuals.
(1) Except as provided in subsection (2) of this section, the employment security department shall deem a person to be a qualified individual as provided in this chapter if the person has paid the long-term services and supports premiums required by RCW 50B.04.080 for the equivalent of either:
(a) A total of ten years without interruption of five or more consecutive years; or
(b) Three years within the last six years from the date of application for benefits.
(2) A person born before January 1, 1968, who has not met the duration requirements under subsection (1)(a) of this section may become a qualified individual with fewer than the number of years identified in subsection (1)(a) of this section if the person has paid the long-term services and supports premiums required by RCW 50B.04.080 for at least one year. A person becoming a qualified individual pursuant to this subsection (2) may receive one-tenth of the maximum number of benefit units available under RCW 50B.04.060(3)(b) for each year of premium payments. In accordance with RCW 50B.04.060, benefits will not be available until July 1, 2026, and nothing in this section requires the department of social and health services to accept applications for determining an individual's status as an eligible beneficiary prior to July 1, 2026. Nothing in this subsection (2) prohibits a person born before January 1, 1968, who meets the conditions of subsection (1)(b) of this section from receiving the maximum number of benefit units available under RCW 50B.04.060(3)(b).
(3) When deeming a person to be a qualified individual, the employment security department shall require that the person have worked at least five hundred hours during each of the ten years in subsection (1)(a) of this section, each of the three years in subsection (1)(b) of this section, or each of the years identified in subsection (2) of this section.
(4) An exempt employee may never be deemed to be a qualified individual, unless the employee's exemption was discontinued under RCW 50B.04.055.
[ 2022 c 2 § 3; 2022 c 1 § 3; 2021 c 113 § 4; 2020 c 98 § 3; 2019 c 363 § 6.]
NOTES:
Reviser's note: This section was amended by 2022 c 1 § 3 and by 2022 c 2 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2022 c 1: See note following RCW 50B.04.020.
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.060 - Eligible beneficiaries—Determination—Services and benefits.

RCW 50B.04.060
Eligible beneficiaries—Determination—Services and benefits.
(1) Beginning July 1, 2026, approved services must be available and benefits payable to a registered long-term services and supports provider on behalf of an eligible beneficiary under this section.
(2) Beginning July 1, 2026, a qualified individual may become an eligible beneficiary by filing an application with the department of social and health services and undergoing an eligibility determination which includes an evaluation that the individual requires assistance with at least three activities of daily living. The department of social and health services must engage sufficient qualified assessor capacity, including via contract, so that the determination may be made within 45 days from receipt of a request by a beneficiary to use a benefit.
(3)(a) An eligible beneficiary may receive approved services and benefits through the program in the form of a benefit unit payable to a registered long-term services and supports provider.
(b) Except as limited in RCW 50B.04.050(2), an eligible beneficiary may not receive more than the dollar equivalent of 365 benefit units over the course of the eligible beneficiary's lifetime.
(i) If the department of social and health services reimburses a long-term services and supports provider for approved services provided to an eligible beneficiary and the payment is less than the benefit unit, only the portion of the benefit unit that is used shall be taken into consideration when calculating the person's remaining lifetime limit on receipt of benefits.
(ii) Eligible beneficiaries may combine benefit units to receive more approved services per day as long as the total number of lifetime benefit units has not been exceeded.
[ 2022 c 1 § 4; 2019 c 363 § 7.]
NOTES:
Effective date—2022 c 1: See note following RCW 50B.04.020.
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.070 - Payment of benefits.

RCW 50B.04.070
Payment of benefits.
(1) Benefits provided under this chapter shall be paid periodically and promptly to registered long-term services and supports providers.
(2) Qualified family members may be paid for approved personal care services in the same way as individual providers, through a licensed home care agency, or through a third option if recommended by the commission and adopted by the department of social and health services.
[ 2019 c 363 § 8.]
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.085 - Premium assessment—Exemptions.

RCW 50B.04.085
Premium assessment—Exemptions.
(1) An employee who attests that the employee has long-term care insurance purchased before November 1, 2021, may apply for an exemption from the premium assessment under RCW 50B.04.080. An exempt employee may not become a qualified individual or eligible beneficiary and is permanently ineligible for coverage under this title.
(2)(a) The employment security department must accept applications for exemptions only from October 1, 2021, through December 31, 2022.
(b) Only employees who are eighteen years of age or older may apply for an exemption.
(3) The employment security department is not required to verify the attestation of an employee that the employee has long-term care insurance.
(4) Approved exemptions will take effect on the first day of the quarter immediately following the approval of the exemption.
(5) Exempt employees are not entitled to a refund of any premium deductions made before the effective date of an approved exemption.
(6) An exempt employee must provide written notification to all current and future employers of an approved exemption.
(7) If an exempt employee fails to notify an employer of an exemption, the exempt employee is not entitled to a refund of any premium deductions made before notification is provided.
(8) Employers must not deduct premiums after being notified by an employee of an approved exemption.
(a) Employers must retain written notifications of exemptions received from employees.
(b) An employer who deducts premiums after being notified by the employee of an exemption is solely responsible for refunding to the employee any premiums deducted after the notification.
(c) The employer is not entitled to a refund from the employment security department for any premiums remitted to the employment security department that were deducted from exempt employees.
(9) The department must adopt rules necessary to implement and administer the activities specified in this section related to the program, including rules on the submission and processing of applications under this section.
[ 2021 c 113 § 5; 2020 c 98 § 7.]
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.088 - Premium assessment—Refunds for premiums collected prior to July 1, 2023.

RCW 50B.04.088
Premium assessment—Refunds for premiums collected prior to July 1, 2023.
Any premiums collected from the employee prior to July 1, 2023, shall be refunded to the employee within 120 days of the collection of the premiums. If the premiums were collected but not yet remitted to the employment security department, the employer shall refund the collected premiums to the employee. If the collected premiums were remitted to the employment security department, the employment security department shall refund the premiums to the employer within 120 days of the collection of the premiums, who shall then return any premiums collected from the employee.
[ 2022 c 1 § 8.]
NOTES:
Effective date—2022 c 1: See note following RCW 50B.04.020.
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.090 - Election of coverage—Self-employed persons.

RCW 50B.04.090
Election of coverage—Self-employed persons.
(1) Beginning July 1, 2023, any self-employed person, including a sole proprietor, independent contractor, partner, or joint venturer, may elect coverage under this chapter. Coverage must be elected before July 1, 2026, or within three years of becoming self-employed for the first time. Those electing coverage under this subsection are responsible for payment of 100 percent of all premiums assessed to an employee under RCW 50B.04.080. The self-employed person must file a notice of election in writing with the employment security department, in the manner required by the employment security department in rule. The self-employed person is eligible for benefits after paying the long-term services and supports premium for the time required under RCW 50B.04.050.
(2) A self-employed person who has elected coverage may not withdraw from coverage.
(3) A self-employed person who elects coverage must continue to pay premiums until such time that the individual retires from the workforce or is no longer self-employed. To cease premium assessment and collection, the self-employed person must file a notice with the employment security department if the individual retires from the workforce or is no longer self-employed.
(4) The employment security department may cancel elective coverage if the self-employed person fails to make required payments or file reports. The employment security department may collect due and unpaid premiums and may levy an additional premium for the remainder of the period of coverage. The cancellation must be effective no later than 30 days from the date of the notice in writing advising the self-employed person of the cancellation.
(5) Those electing coverage are considered employers or employees where the context so dictates.
(6) For the purposes of this section, "independent contractor" means an individual excluded from the definition of "employment" in RCW 50B.04.010.
(7) The employment security department shall adopt rules for determining the hours worked and the wages of individuals who elect coverage under this section and rules for enforcement of this section.
[ 2022 c 1 § 6; 2021 c 113 § 6; 2020 c 98 § 5; 2019 c 363 § 10.]
NOTES:
Effective date—2022 c 1: See note following RCW 50B.04.020.
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.095 - Election of coverage—Federally recognized tribe.

RCW 50B.04.095
Election of coverage—Federally recognized tribe.
A federally recognized tribe may elect coverage under RCW 50B.04.080. If a federally recognized tribe has elected coverage under this section, it must also have the option to opt out at any time for any reason it deems necessary. The employment security department shall adopt rules to implement this section.
[ 2021 c 113 § 7.]
2023 Revised Code of Washington › Title 50B - Long-Term Care › Chapter 50B.04 - Long-Term Services and Supports Trust Program. › 50B.04.100 - Long-term services and supports trust account.

RCW 50B.04.100
Long-term services and supports trust account.
(1) The long-term services and supports trust account is created in the custody of the state treasurer. All receipts from employers under RCW 50B.04.080 must be deposited in the account. Expenditures from the account may be used for the administrative activities of the department of social and health services, the health care authority, and the employment security department. Benefits associated with the program must be disbursed from the account by the department of social and health services. Only the secretary of the department of social and health services or the secretary's designee may authorize disbursements from the account. The account is subject to the allotment procedures under chapter 43.88 RCW. An appropriation is required for administrative expenses, but not for benefit payments. The account must provide reimbursement of any amounts from other sources that may have been used for the initial establishment of the program.
(2) The revenue generated pursuant to this chapter shall be utilized to expand long-term care in the state. These funds may not be used either in whole or in part to supplant existing state or county funds for programs that meet the definition of approved services.
(3) The moneys deposited in the account must remain in the account until expended in accordance with the requirements of this chapter. If moneys are appropriated for any purpose other than supporting the long-term services and supports program, the legislature shall notify each qualified individual by mail that the person's premiums have been appropriated for an alternate use, describe the alternate use, and state its plan for restoring the funds so that premiums are not increased and benefits are not reduced.
[ 2019 c 363 § 11.]