WSR 16-07-013
EXPEDITED RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed March 4, 2016, 3:49 p.m.]
Title of Rule and Other Identifying Information: New section in chapter 192-04 WAC regarding untimely filed petitions for review (PFR). Provides that the commissioner's review office (CRO) has jurisdiction to hold an evidentiary hearing whether the PFR was filed late with good cause.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Juanita Myers, Employment Security Department, P.O. Box 9046, Olympia, WA 98507, AND RECEIVED BY May 24, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, if a PFR is filed late, CRO must remand the matter to the office of administrative hearings (OAH) to conduct a short evidentiary hearing on CRO's behalf as to why the PFR was late. OAH does not take jurisdiction, it returns the hearing record to the CRO for a decision on whether the PFR was filed late with good cause.
The proposed rule will eliminate the need to remand the issue of the untimely filed PFR back to OAH, and instead will allow CRO to conduct the evidentiary hearing.
Reasons Supporting Proposal: The current process creates a significant delay in the review process as it takes many additional weeks for OAH to schedule and conduct these evidentiary hearings. Having CRO hold these hearings in-house would eliminate these delays and greatly expedite the review process. In addition, many other late filed PFRs that the CRO ordinarily dismisses could get a short evidentiary hearing, providing better access to justice to claimants.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Employment security department, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Don Westfall, Olympia, (360) 570-6960.
March 3, 2016
Lisa Marsh
Deputy Commissioner
NEW SECTION
WAC 192-04-095 Untimely petition for review-Commissioner's hearing.
When a petition for review is untimely filed the commissioner may, upon the issuance of proper notice to all interested parties, conduct an evidentiary hearing to determine if the petition for review was filed late with good cause. If the evidence establishes that the petition for review was late filed with good cause as set out in RCW
50.32.075 and WAC 192-04-090, the commissioner has jurisdiction to review the matter under RCW
50.32.080. If good cause for the late filed petition for review is not established, the petition for review will be dismissed under RCW
50.32.070.
