reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 192 - Employment Security Department › GENERAL › Chapter 192-02 - Public records requests › Section 192-02-130 - Denials of requests

Current through Register Vol. 24-14, July 15, 2024
(1) A
				denial of a request for records will be accompanied by a written statement of
				the specific reasons therefor.
(2)
				If the department denies a requestor access to public records, the requestor
				may petition in writing to the public records officer for a review of that
				decision. The petition shall include a copy of or reasonably identify the
				written statement denying the request.
(3) The department shall promptly review a
				petition to review a denial of a public records request and either affirm or
				reverse the denial within two business days following the department's receipt
				of the petition or within such other time as the department and the requestor
				mutually agree to.
(4) If the
				department denies a requestor access to public records because it claims the
				record is exempt in whole or in part from disclosure, the requestor may request
				the attorney general's office to review the matter, pursuant to
				RCW
				   42.56.530. The attorney general has adopted
				rules on such requests in WAC
				44-06-160.
(5) Any person may obtain court review of
				denials of public records requests pursuant to
				RCW
				   42.56.550.
Washington Administrative Code › Title 192 - Employment Security Department › GENERAL › Chapter 192-02 - Public records requests › Section 192-02-150 - Costs-General

Current through Register Vol. 24-14, July 15, 2024
(1) In order to
				timely implement a fee schedule consistent with the Public Records Act, it is
				more cost efficient, expeditious, and in the public interest for the department
				to adopt the state legislature's approved fees and costs for most of the
				department records, as authorized in
				RCW
				   42.56.120 and as published in the agency's
				fee schedule. Notwithstanding, for unemployment insurance records covered by
				chapter 192-15 WAC, the department may charge fees for records consistent with
				state or federal law.
(2) The
				department is not calculating actual costs for copying its records because to
				do so would be unduly burdensome for the following reasons:
(a) The department does not have the
				resources to conduct a study to determine actual copying costs for all its
				records.
(b) Conducting a study to
				determine actual copying costs would interfere with other essential department
				functions.
(c) Through the
				legislative process, the public and requestors have commented on and been
				informed of authorized fees and costs provided in the Public Records Act,
				including
				RCW
				   42.56.120 and other laws.
Washington Administrative Code › Title 192 - Employment Security Department › GENERAL › Chapter 192-02 - Public records requests › Section 192-02-160 - Costs-Customized services

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				department estimates that a request would require the use of information
				technology expertise to prepare data compilations, or provide customized
				electronic access services when such compilations and customized access
				services are not used by the department for other department purposes, the
				department may impose a customized service charge.
(2) The customized service charge is:
(a) Intended to reimburse the department up
				to the actual cost of providing the customized services; and
(b) In addition to the charge imposed for
				providing copies of public records.
Washington Administrative Code › Title 192 - Employment Security Department › GENERAL › Chapter 192-02 - Public records requests › Section 192-02-200 - Processing payments

Current through Register Vol. 24-14, July 15, 2024
(1)
				Before beginning to make copies or processing a customized service, the public
				records officer may require a deposit of up to ten percent of the estimated
				costs of copying all the records selected by the requestor.
(2) The public records officer may require:
(a) The payment of the remainder of the
				copying costs before providing all of the records;
(b) The payment of the costs of copying an
				installment before providing that installment; or
(c) The payment of a customized service
				charge.
Washington Administrative Code › Title 192 - Employment Security Department › GENERAL › Chapter 192-02 - Public records requests › Section 192-02-210 - Fee waivers

Current through Register Vol. 24-14, July 15, 2024
Requestors are required to pay for copies in advance of
				  receiving records. Fee waivers are an exception and are available for some
				  small requests under the conditions set by the department and available on its
				  website.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-010 - Adoption of model rules

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure contained in chapter 10-08 WAC,
				  as they exist now or may be hereafter amended, are, to the extent they are not
				  inconsistent with the rules contained in this chapter, adopted as the rules of
				  procedure before this agency. The rules contained in this chapter will, to the
				  extent of any conflict with the model rules of procedure, be deemed to
				  supersede the conflicting provisions of the model rules of procedure. The model
				  rules of procedure will be included in the departmental publication provided
				  for in RCW    50.12.160.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-010, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context in this chapter clearly indicates
				  otherwise, the following terms and phrases shall have these meanings:
(1) "Appeal" means a request for a hearing
				before and decision by the office of administrative hearings in a matter
				involving unemployment insurance benefits.
(2) "Petition for hearing" means a request
				for hearing before and decision by the office of administrative hearings in a
				matter involving unemployment insurance taxes.
(3) "Petition for review" means a request
				directed to the commissioner for a review of the proceedings held and decision
				issued by the office of administrative hearings.
(4) "Advisement order" means an order issued
				by the commissioner on his or her own motion assuming jurisdiction over a
				matter heard and/or decided by the office of administrative hearings.
(5) "Commissioner" means the commissioner's
				review office of the employment security department.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-020, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-030 - Appeals - Petitions for review - Payments under federal programs

Current through Register Vol. 24-14, July 15, 2024
When the applicable federal law, regulations or guidelines
				  for any federal program administered by the employment security department
				  provides for the right of appeal, petition for hearing or petition for review
				  from a determination or decision of the employment security department or the
				  office of administrative hearings, the procedures outlined in
				  Title
				  50 RCW,
				  Title
				  34 RCW, and chapter 192-04 WAC
				  shall, to the extent that said procedures are consistent with the federal law,
				  regulations and guidelines, be utilized for the disposition of such appeals or
				  petitions for review.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-030, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-040 - Interested parties

Current through Register Vol. 24-14, July 15, 2024
In all cases adjudicated under
				  Title
				  50 RCW the employment security
				  department is an interested party.
(1)
				Other interested parties in benefit appeals are:
(a) The claimant;
(b) Any employer entitled to notice under WAC
				192-130-060; and
(c) An interested employer as defined in WAC
				192-220-060 in cases involving
				the recovery of benefits.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-050 - Appeals - Petitions for hearing - Right to notice

Current through Register Vol. 24-14, July 15, 2024
Notice of appeal or petition for hearing rights shall be set
				  forth on the face of, or as an attachment to, each of the following:
(1) Redetermination of an initial monetary
				determination.
(2) Determination of
				allowance or denial of waiting period credit or benefits.
(3) Redetermination of allowance or denial of
				waiting period credit or benefits.
(4) An overpayment assessment or a denial of
				a request for waiver of an overpayment.
(5) Order and notice of assessment of
				contributions, interest, or penalties.
(6) Denial of a claim for refund of
				contributions, interest, or penalties.
(7) Denial of a request for relief of benefit
				charges made to an employer's account.
(8) Denial of a redetermination or adjustment
				of an employer's determined or redetermined rate of contribution.
(9) Denial of approval or extension of
				standby status.
(10) Denial of a
				request for commissioner approved training or training benefits.
(11) Notice to separating employer of
				liability for all benefits paid on a claim as provided in
				RCW
				   50.29.021(2)(c).
Statutory Authority:
					 RCW
					 50.12.010,
					 50.12.040,
					 50.12.042. 05-01-076, §
											192-04-050, filed 12/9/04,
					 effective 1/9/05. Statutory Authority:
					 RCW
					    50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-050, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-060 - Appeals-Petitions for hearing-Petitions for review-Time limitation

Current through Register Vol. 24-14, July 15, 2024
(1)
Appeals
				and petitions for hearing.
Any interested party who is aggrieved by any
				decision of the department set forth in WAC
				192-04-050 or for which the
				department has provided notice of appeal or petition for hearing rights may
				file an appeal or a petition for hearing by using the department's online
				services, by mailing it to the address indicated on the determination notice or
				other appealable document, or by faxing it to the fax number indicated on the
				determination notice or other appealable document.
The appeal or petition for hearing must be filed within
				  thirty days of the date the decision is delivered or mailed, whichever is the
				  earlier. The appeal or petition for hearing must be filed in accordance with
				  the provisions of
				  RCW
				     50.32.025.
(2)
Petitions for review.
Any
				interested party who is aggrieved by a decision of the office of administrative
				hearings, other than an order approving a withdrawal of appeal, an order
				approving a withdrawal of a petition for hearing, a consent order, or an
				interim order, may file a written petition for review, including filing by
				using the department's online services, in accordance with the provisions of
				WAC 192-04-170. The petition for
				review must be filed within thirty days of the date of delivery or mailing of
				the decision of the office of administrative hearings, whichever is the
				earlier. The petition for review must be filed in accordance with the
				provisions of
				RCW
				   50.32.025.
Statutory Authority:
					 RCW
					    50.12.010 and
					 50.12.040. 10-20-082, §
											192-04-060, filed 9/29/10,
					 effective 10/30/10. Statutory Authority:
					 RCW
					    50.20.010 and
					 50.12.040. 99-15-069, §
											192-04-060, filed 7/19/99,
					 effective 8/19/99. Statutory Authority:
					 RCW
					    50.12.010, [50.12.]040 and
					 RCW
					    34.05.310 et seq. 95-18-055, §
											192-04-060, filed 8/31/95,
					 effective 10/1/95. Statutory Authority:
					 RCW
					    50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-060, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-063 - Aggrieved party

Current through Register Vol. 24-14, July 15, 2024
An aggrieved party is:
(1) A claimant or an employer who receives an
				adverse decision of the department set forth in WAC
				192-04-050 or for which the
				department has provided notice of appeal or petition for review rights;
				or
(2) The department, a claimant,
				or an employer who receives an adverse decision of the office of administrative
				hearings.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 10-20-082, §
											192-04-063, filed 9/29/10,
					 effective 10/30/10. Statutory Authority:
					 RCW
					 50.12.010, [50.12.]040 and
					 RCW
					    34.05.310 et seq. 95-18-055, §
											192-04-063, filed 8/31/95,
					 effective 10/1/95.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-070 - Mailing addresses - Obligations of parties

Current through Register Vol. 24-14, July 15, 2024
Once an appeal or petition for hearing has been filed, any
				  interested party must notify the office of administrative hearings of any
				  change of mailing address.
Once a petition for review has been filed, any interested
				  party must notify the commissioner's review office of any change of mailing
				  address.
Any interested party who fails to comply with this regulation
				  will not be deemed to have good cause for failure to appear at a hearing or for
				  late filing of a petition for review or untimely submission of a reply or
				  petition for reconsideration.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-070, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-080 - Appeals - Petitions for hearing - Petitions for review - Advisement orders - Time computation

Current through Register Vol. 24-14, July 15, 2024
The time within which an appeal, a petition for hearing, a
				  petition for review, or advisement order is to be perfected, under the
				  provisions of the Employment Security Act (Title 50 RCW, as amended) shall be computed by
				  excluding the day of delivery or mailing of the determination, redetermination,
				  denial, order and notice of assessment, or decision and including the last day.
				  If the last day is a Saturday or Sunday or a holiday, as defined in
				  RCW
				     1.16.050, the appeal, petition for hearing,
				  petition for review or advisement order must be perfected no later than the
				  next business day.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-080, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-090 - Untimely appeals - Petitions for hearing or petitions for review - Good cause

Current through Register Vol. 24-14, July 15, 2024
(1) The
				following factors shall be considered in determining whether good cause exists
				under RCW
				   50.32.075 for the late filing of an appeal,
				petition for hearing or petition for review:
(a) The length of the delay,
(b) The excusability of the delay,
				and
(c) Whether acceptance of the
				late filed appeal, petition for hearing, or petition for review will result in
				prejudice to other interested parties, including the department.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-100 - Appeals - Petitions for hearing or petitions for review - Withdrawal of

Current through Register Vol. 24-14, July 15, 2024
Any interested party may withdraw his or her appeal, petition
				  for hearing or petition for review at any time prior to a decision thereon, in
				  which case the previous determination, redetermination, denial, order and
				  notice of assessment or decision shall be final in accordance with the
				  provisions of the Employment Security Act. Such withdrawal shall, however, be
				  subject to the approval of the office of administrative hearings in the case of
				  an appeal or petition for hearing, or of the commissioner in the case of a
				  petition for review.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-100, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-110 - Hearings - Representation - Cross-examination

Current through Register Vol. 24-14, July 15, 2024
Any interested party, or his or her legally authorized
				  representative, shall have the right to give testimony and to examine and
				  cross-examine any other interested party and/or witnesses with respect to facts
				  material and relevant to the issues involved.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-110, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-120 - Hearings - Postponements - Continuances

Current through Register Vol. 24-14, July 15, 2024
Any party to a hearing may request a postponement of a
				  hearing at any time prior to the actual convening of the hearing. The granting
				  or denial of the request will be at the discretion of the presiding
				  administrative law judge.
The presiding administrative law judge may in the exercise of
				  sound discretion grant a continuance of a hearing at any time at the request of
				  any interested party or on his or her own motion.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-120, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-130 - Discovery - Depositions and interrogatories

Current through Register Vol. 24-14, July 15, 2024
At the discretion of the presiding administrative law judge
				  he or she may cause to be taken depositions or interrogatories on his or her
				  own motion, or at the request of any interested party.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-130, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-140 - Consolidated cases

Current through Register Vol. 24-14, July 15, 2024
The presiding administrative law judge may hear individual
				  matters on a consolidated record if there is a substantial identity of issues
				  and the rights of no party will be adversely affected thereby. Such procedure
				  should provide for the hearing of additional or unique issues relating to
				  individual cases.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-140, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-145 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
Adoption of brief adjudicative
				proceedings.
Pursuant to
				RCW
				   34.05.410(1)(a), the
				department hereby adopts the use of brief adjudicative proceedings for use in
				appeals.
(a)RCW
				   34.05.488 and
				34.05.491 shall not apply to brief
				adjudicative proceedings under this rule.
(b) Brief adjudicative proceedings will only
				be used if:
(i) The appeal involves a claim
				for benefits;
(ii) The appeal is
				filed by a claimant;
(iii) No
				employer is an interested party pursuant to WAC
				192-04-040; and
(iv) The presiding administrative law judge,
				in their sole discretion, determines a brief adjudicating proceeding is
				warranted.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-150 - Decisions - Contents

Current through Register Vol. 24-14, July 15, 2024
Every decision issued by the office of administrative
				  hearings, other than an order approving a withdrawal of appeal, an order
				  approving a withdrawal of a petition for hearing, a consent order, or an
				  interim order, and every decision issued by the commissioner pursuant to
				  RCW
				     50.32.080, other than an interim order or an
				  order granting or denying a motion for reconsideration or a stay, shall:
(1) Be correctly captioned as to the name of
				the agency and name of the proceeding;
(2) Designate all parties and representatives
				participating in the proceeding;
(3) Include a concise statement of the nature
				and background of the proceeding;
(4) Contain appropriate numbered findings of
				fact meeting the requirements in
				RCW
				   34.05.461;
(5) Contain appropriate numbered conclusions
				of law, including citations of statutes and rules relied upon;
(6) Contain an initial or final order
				disposing of all contested issues;
(7) Be accompanied by or contain a statement
				of petition for review or petition for judicial review rights.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-150, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-160 - Decision of commissioner - Incorporation

Current through Register Vol. 24-14, July 15, 2024
A decision of the commissioner issued pursuant to
				  RCW
				     50.32.080 may incorporate by reference any
				  portion of the decision under review. Such incorporation shall be deemed to
				  meet the requirements of WAC
				  192-04-150.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-160, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-170 - Decision of commissioner-Petition for review-Filing-Reply

Current through Register Vol. 24-14, July 15, 2024
(1) The written petition for review must be
				filed by using the department's online services or by mailing it to the
				Commissioner's Review Office, Employment Security Department, Post Office Box
				9555, Olympia, WA 98507-9555, within thirty days of the date of mailing or
				delivery of the decision of the office of administrative hearings, whichever is
				the earlier.
(2) Any written
				argument in support of the petition for review must be attached to the petition
				for review and be filed at the same time. The commissioner's review office will
				acknowledge receipt of the petition for review by assigning a review number to
				the case, entering the review number on the face of the petition for review,
				and setting forth the acknowledgment date on the petition for review. The
				commissioner's review office will also send copies of the acknowledged petition
				for review and attached argument in support thereof to the petitioning party,
				nonpetitioning party and their representatives of record, if any.
(3) Any reply to the petition for review and
				any argument in support thereof by the nonpetitioning party must be filed by
				using the department's online services or by mailing it to the Commissioner's
				Review Office, Employment Security Department, Post Office Box 9555, Olympia,
				WA 98507-9555. The reply must be received by the commissioner's review office
				within fifteen days of the date of the acknowledged petition for review. An
				informational copy must be mailed by the nonpetitioning party to all other
				parties of record and their representatives, if any.
(4) The petition for review and argument in
				support thereof and the reply to the petition for review and argument in
				support thereof must:
(a) Be captioned as
				such, set forth the docket number of the decision of the office of
				administrative hearings, and be signed by the party submitting it or by his or
				her representative.
(b) Be legible,
				reproducible and five pages or less.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-180 - Decisions - Disposition other than by hearing on the merits - Petition for review

Current through Register Vol. 24-14, July 15, 2024
(1) The
				presiding administrative law judge may dispose of any appeal or petition for
				hearing through:
(a) An order approving a
				withdrawal of appeal;
(b) An order
				approving a withdrawal of a petition for hearing;
(c) A consent order; or
(d) An order of default.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-185 - Orders of default - Motion to vacate - Petition for review

Current through Register Vol. 24-14, July 15, 2024
(1) Any interested
				party aggrieved by the entry of an order of default may:
(a)File a motion to vacate that order with
				the office of administrative hearings pursuant to the methods of filing found
				in WAC
				10-08-110.
				Motions to vacate must be postmarked or received by the office of
				administrative hearings within ten days of the date of mailing of the order of
				default; or
(b)File a petition for
				review with the commissioner pursuant to the filing requirements in WAC
				192-04-170.
				Once a petition for review is filed, the office of administrative hearings no
				longer has jurisdiction to vacate its order of default.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-190 - Petition for reconsideration-Filing-Consideration-Disposition-Judicial review

Current through Register Vol. 24-14, July 15, 2024
(1) A written
				petition for reconsideration and argument in support thereof may be filed
				within ten days of the date of the decision of the commissioner. It must be
				filed by using the department's online services or by mailing it to the
				Commissioner's Review Office, Employment Security Department, Post Office Box
				9555, Olympia, WA 98507-9555. It should also be sent to all other parties of
				record and their representatives.
(2) No matter will be reconsidered by the
				commissioner unless it clearly appears from the face of the petition for
				reconsideration and the argument submitted in support thereof that (a) there is
				obvious material, clerical error in the decision or (b) the petitioner, through
				no fault of his or her own, has been denied a reasonable opportunity to present
				argument or respond to argument pursuant to WAC
				192-04-170.
(3) A petition for reconsideration shall be
				deemed to have been denied if, within twenty days from the date the petition
				for reconsideration is filed, the commissioner does not either (a) dispose of
				the petition for reconsideration or (b) mail or deliver to the parties a
				written notice specifying the date by which he or she will act on the petition
				for reconsideration. If no action is taken by the date specified in such
				written notice, the petition will be deemed to have been denied.
(4) A petition for reconsideration does not
				stay the effectiveness of the decision of the commissioner. The filing of a
				petition for reconsideration is not a prerequisite for filing a petition for
				judicial review. An order denying reconsideration or a written notice
				specifying the date upon which action will be taken on the petition for
				reconsideration is not subject to judicial review.
Statutory Authority:
					 RCW
					    50.12.010 and
					 50.12.040. 10-20-082, §
											192-04-190, filed 9/29/10,
					 effective 10/30/10. Statutory Authority:
					 RCW
					    50.20.010 and
					 50.12.040. 99-08-073, §
											192-04-190, filed 4/5/99,
					 effective 5/6/99; 89-24-030, §
											192-04-190, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-200 - Declaratory orders

Current through Register Vol. 24-14, July 15, 2024
The commissioner will not issue a declaratory order on any
				  matter that may be adjudicated under any statute, regulation or other provision
				  of law. No declaratory order will be issued which is merely an advisory
				  opinion.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 89-24-030, §
											192-04-200, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-04 - Practice and procedure › Section 192-04-210 - Petitions for judicial review-Service on agency

Current through Register Vol. 24-14, July 15, 2024
Delivery pursuant to
				  RCW
				     34.05.542(4) shall be deemed
				  to have been made when a copy of the petition for judicial review has been
				  received by:
(1) Delivery to the
				Commissioner's Office at 212 Maple Park Avenue S.E., Olympia, WA;
(2) Mail at the Commissioner's Review Office,
				Post Office Box 9555, Olympia, WA 98507-9555; or
(3) Email at the commissioner's review office
				at cro@esd.wa.gov.
Statutory Authority:
					 RCW
					    50.12.010 and
					 50.12.040. 13-05-033, §
											192-04-210, filed 2/12/13,
					 effective 3/15/13; 89-24-030, §
											192-04-210, filed 11/30/89,
					 effective 1/1/90.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-010

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-010, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-020

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-020, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-030

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-030, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-040

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-040, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-050

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-050, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-060

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-060, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-070

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-070, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-080

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-080, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-090

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-090, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-100

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
					 195-15-100 (codified as WAC
					 192-15-100), filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-110

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-110, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-120

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-120, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-130

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-130, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-140

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-140, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-150

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.20.010 and
					 50.12.040. 99-08-073, §
											192-15-150, filed 4/5/99,
					 effective 5/6/99. Statutory Authority:
					 RCW
					    50.12.010. 80-07-026 (Order 2-80), §
											192-15-150, filed 6/12/80.
					 Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-150, filed 8/14/78.
Reviser's note:
RCW
					    34.05.395 requires the use of underlining and
					 deletion marks to indicate amendments to existing rules, and deems ineffectual
					 changes not filed by the agency in this manner. The bracketed material in the
					 above section does not appear to conform to the statutory
					 requirement.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-160

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-160, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-170

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.13.030. 78-09-027 (Order 1-78), §
											192-15-170, filed
					 8/14/78.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-500 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Interpret and implement the provisions of chapter 50.13 RCW
				  concerning the privacy and confidentiality of information or records held by
				  the employment security department.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-510 - Access to records or information by government agencies

Current through Register Vol. 24-14, July 15, 2024
(1) Applications by government agencies for
				information or records deemed private and confidential by chapter 50.13 RCW
				shall be made:
(a) To the public records
				officer as defined in WAC 192-02-020(2); and
(b) Pursuant to WAC 192-02-060.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-520 - Response to subpoenas

Current through Register Vol. 24-14, July 15, 2024
An employee called to testify in a judicial or administrative
				  proceeding shall not disclose information or records deemed private and
				  confidential under chapter 50.13 RCW, unless:
(1) The presiding officer makes a finding
				that the need for the disclosure outweighs any reasons for the privacy and
				confidentiality of the records or information; or
(2) The employee is responding to a subpoena
				or other compulsory process containing a finding by the presiding officer that
				the need for the disclosure outweighs any reasons for the privacy and
				confidentiality of the records or information.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-530 - Access to records-Operation and management

Current through Register Vol. 24-14, July 15, 2024
(1) The department may provide incidental
				access to private or confidential information and records by private parties
				who are assisting the department in such areas as data processing and
				collection of employment security contributions pursuant to
				RCW
				   50.13.080.
(2) Persons provided incidental access to
				private and confidential records:
(a) Are
				bound by the rules of confidentiality and privacy applicable to departmental
				employees;
(b) Will be monitored by
				the department to ensure that private and confidential information or records
				are being handled correctly; and
(c) Are subject to any penalties provided
				under state or federal law for the breach of any confidentiality
				provision.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-540 - Consent to release of records or information

Current through Register Vol. 24-14, July 15, 2024
(1) Consent to release of information or
				records deemed private and confidential under
				RCW
				   50.13.100 shall be liberally interpreted so
				that the department may release information or records to third parties who
				supply the department with reasonable written or oral assurances of their
				identity and the department already has a release on file that meets the
				requirements of subsection (2) of this section.
(2) The release provided by a third party
				must include:
(a) Specifically identifying
				information of the data to be disclosed;
(b) Acknowledgment that department
				information will be accessed to obtain the information;
(c) The specific purpose or purposes for
				which the information is sought and a statement that information obtained under
				the release will only be used for that purpose or purposes;
(d) The parties who may receive the
				information disclosed;
(e) A
				written or electronic signature by the individual or employer being
				represented;
(f) A statement that
				provides the purpose of the release, which shall be limited to:
(i) Providing a service or benefit to the
				individual signing the release; or
(ii) Carrying out the administration or
				evaluation of a public program.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-15 - Public disclosure and privacy of information › Section 192-15-550 - Disclosure related to employment security programs

Current through Register Vol. 24-14, July 15, 2024
Chapter 50.13 RCW shall not be interpreted to prevent the
				  employment security department from:
(1) Disclosing information in carrying out
				the department's duties under Title 50 RCW or under any other program for which
				the department is responsible;
(2)
				Disclosing information to the unemployment insurance agencies of other states
				when such disclosure relates to the administration of the unemployment
				insurance law of the requesting state; or
(3) Disclosing information when such
				disclosure is required by the federal government in connection with or as a
				condition of funding for a program being administered by the
				department.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-33 - Workforce development › Section 192-33-005 - Definitions-Dislocated workers (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.12.010,
					 50.12.040 and 50.70.010.
					 98-05-042, §
											192-33-005, filed 2/11/98,
					 effective 3/14/98.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-33 - Workforce development › Section 192-33-006 - Dislocated workers in rural natural resources impact areas (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					    50.12.010 and
					 50.12.040. 98-05-042, §
											192-33-006, filed 2/11/98,
					 effective 3/14/98.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-34 - Temporary total disability › Section 192-34-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following words and phrases as used in this chapter shall
				  have the meanings set forth in this section unless the context otherwise
				  requires:
(1) "Effective date of
				temporary total disability," for the purpose of establishing a base year, shall
				be Sunday of the week in which the individual:
(a) Became eligible for industrial insurance
				or crime victims compensation payments; or
(b) Became totally physically disabled due to
				a nonwork-related injury or illness.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-34 - Temporary total disability › Section 192-34-015 - Exclusions

Current through Register Vol. 24-14, July 15, 2024
The special provisions of chapter 50.06 RCW will not be
				  available to individuals when:
(1) The
				injury or illness results to an individual from the deliberate intention of the
				individual to produce such injury or illness;
(2) The injury or illness is incurred while
				the individual is engaged in the attempt to commit, or the commission of, a
				criminal act. A "criminal act" shall include any unlawful action punishable as
				a felony or gross misdemeanor of which the individual has been convicted or has
				admitted committing to a competent authority; or
(3) The injury or illness is incurred as a
				result of the individual driving under the influence of intoxicating liquor or
				drugs or being in actual physical control of a motor vehicle while under the
				influence of intoxicating liquor or drugs.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 94-07-115, §
											192-34-015, filed 3/21/94,
					 effective 5/2/94.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-34 - Temporary total disability › Section 192-34-020 - Failure to apply in a timely manner

Current through Register Vol. 24-14, July 15, 2024
In the event a claimant fails to apply for initial
				  determination within the time period prescribed by
				  RCW
				     50.06.030(1) and (2), a late
				  filing shall be accepted for good cause shown.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 94-07-115, §
											192-34-020, filed 3/21/94,
					 effective 5/2/94.
Washington Administrative Code › Title 192 - Employment Security Department › UNEMPLOYMENT INSURANCE › Chapter 192-34 - Temporary total disability › Section 192-34-025 - Additional injuries

Current through Register Vol. 24-14, July 15, 2024
Two or more separate injuries or illnesses, resulting in two
				  or more separate periods of temporary total disability, may not be combined or
				  joined. A unique base year and benefit year shall be established for each
				  injury or illness pursuant to chapter 50.06 RCW.
Statutory Authority:
					 RCW
					 50.12.010 and
					 50.12.040. 94-07-115, §
											192-34-025, filed 3/21/94,
					 effective 5/2/94.