Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-220 - Overpayment notice, assessment and fraud › Section 192-220-040 - How will the disqualification period and penalty established by RCW 50.20.070 be assessed?

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   50.20.070 provides dollar penalties when
				fraud is committed and increased disqualification periods when a second, third
				or subsequent fraud is committed. The department will decide whether an action
				is the first, second, third or subsequent occurrence based on the criteria in
				this section.
(2) Once the
				department sends a fraud decision, any fraud that is found for weeks filed
				before, or within fourteen days after, the date the decision is sent will be
				treated as part of the same occurrence of fraud. This applies even if the
				decisions involve different eligibility issues.
Example: A fraud decision is sent on June 1 for weeks claimed
				  on April 30. On July 1, a decision is sent assessing fraud for weeks claimed on
				  March 31. Both decisions will be treated as the same level occurrence because
				  the weeks covered by the July 1 decision were filed before the June 1 decision
				  was sent.
(3) The
				department will treat any fraud for weeks filed more than fourteen days after
				the date a prior fraud decision is sent as a separate occurrence of fraud. This
				applies even if the weeks claimed occur before the weeks for which fraud was
				assessed in the prior decision.
Example: On June 1, a decision is sent assessing fraud for
				  weeks you claimed on March 31. On July 10, late claims are filed for weeks
				  before March 31 in which fraud is committed. The later decision is treated as a
				  subsequent occurrence of fraud because the late claims were filed more than
				  fourteen days after June 1.
(4) The department will assess a
				disqualification period and penalty for each fraud decision issued based on
				whether it is a first, second, third or subsequent occurrence.
Example 1: A first occurrence of fraud is assessed on June 1
				  with a disqualification period of twenty-six weeks beginning with the week of
				  June 1. Another fraud decision is issued on June 12 that is found to be part of
				  the first occurrence. In addition to the fifteen percent penalty, the
				  disqualification period is twenty-six weeks beginning with the week of June
				  1st.
Example 2: A first occurrence of fraud is assessed on June 1
				  with a disqualification period of twenty-six weeks and a penalty of fifteen
				  percent beginning with the week of June 1. A second occurrence of fraud is
				  assessed on July 10 with a disqualification period of fifty-two weeks beginning
				  with the week of July 10 and a penalty of twenty-five percent for the weeks
				  fraudulently paid.
(5) All
				disqualifications and penalties in this section are in addition to the required
				repayment of any benefits paid as a result of fraud.
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040, and
					 50.20.010. 07-23-128, §
											192-220-040, filed 11/21/07,
					 effective 1/1/08.