Washington Administrative Code

If, after the department has informed the requestor that it has provided all available records, the department becomes aware of additional responsive documents existing at the time of the request, the department will:(1) Promptly inform the requestor of the additional documents; …

The department is not obligated to create a new record to satisfy a records request.[Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-100, filed 10/16/20, effective 11/16/20.]

The department must maintain a log of public records requests to include:(1) The identity of the requestor if provided by the requestor;(2) The date the request was received;(3) The text of the original request;(4) A description of the records redacted or withheld and the reasons…

(1) If applicable, the department may provide:(a) Records on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure;(b) Links to records on the agency's website as an installment;(c) In…

(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 fee schedule is available on the department's website.[Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-140, filed 10/16/20, effective 11/16/20.]

(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…

(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 d…

There is no fee for inspecting public records, including inspecting records on the department's website.[Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-170, filed 10/16/20, effective 11/16/20.]

The department may charge actual costs of mailing, including the cost of the shipping container.[Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-180, filed 10/16/20, effective 11/16/20.]

Payment may be made to the department by:(1) Check;(2) Money order; or(3) Other means as provided by the department.[Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-190, filed 10/16/20, effective 11/16/20.]

(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 …

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.[Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.…

(1) When an employer makes a payment to a program under Title 50, 50A, or 50B RCW, the full amount of the payment will be allocated to the program listed by the employer. (2) If the program for which the payment is intended is not clear, the department will make a reasonable atte…

If an employer has a credit within one program, the credit can only be applied to another program under Title 50, 50A, or 50B RCW, at the request of the employer.[Statutory Authority: RCW 50.12.010, 50.12.040, 50.24.010, 50A.05.060, 50A.10.030, 50B.04.020, and 50B.04.080. WSR 24-…

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 cha…

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.…

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 departme…

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 1…

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) Redeterminat…

(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 usin…

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 receive…

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 chang…

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 determinatio…

(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…

(1) Any interested party may withdraw their 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 wit…

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 …

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 exe…

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. WSR 89-24-030, § 192-04-130, filed 11/…

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 rel…

(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 …

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.…

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. WSR 89-24-030, §…

(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 30 days of the date of mailing or delivery of the…

(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.(2) There shall be no pe…

(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…

(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 Sec…

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. WSR 89-24-…

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 Off…

A reasonably prudent person is an individual who uses good judgment or common sense in handling practical matters. The actions of a person exercising common sense in a similar situation are the guide in determining whether an individual's actions were reasonable.[Statutory Author…

(1) For the purposes of chapters 192-230 and 192-330 WAC, "equity and good conscience" means fairness as applied to a given set of circumstances.(2) When deciding if paying the full amount owing is against equity and good conscience the department may consider, but is not limited…

(1) You are a continued claim recipient if you:(a) Are monetarily entitled to benefits; and(b) Are nonmonetarily eligible for benefits; and(c) Have received credit for your waiting week or payment of benefits for one or more weeks in your benefit year and in the current continued…

The term "week" means a period of seven consecutive calendar days beginning on Sunday at 12:00 a.m. and ending at 11:59 p.m. the following Saturday.[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-100-030, filed 10/7/16, effective 11/14/16. Statutory Author…

As provided in RCW 50.04.030, an unemployment claim will be effective on the Sunday of the calendar week in which the application for benefits is filed, or, when requested, backdated to a calendar week prior to the calendar week in which the application is filed as provided in WA…

(1) The term "mail" is interchangeable with the term "send," which means:(a) To send or deliver by means of the postal service or other delivery service; or(b) To transmit, deliver, or distribute by email or other electronic services.(2) Subsection (1)(b) of this section does not…

The term "seasonal employment" means work with regular periodic layoffs, showing a consistent pattern of employment and unemployment.[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 06-22-004, § 192-100-040, filed 10/19/06, effective 11/19/06.]

(1) For purposes of RCW 50.20.070, 50.20.190, and chapter 192-220 WAC, fraud means an action by an individual where all of the following elements are present:(a) The individual has made a statement or provided information.(b) The statement was false.(c) The individual either knew…

(1) "Nondisclosure" is not a synonym for fraud or misrepresentation. It refers to situations in which you have information or knowledge which you fail to disclose to the department inadvertently or through oversight. The department may redetermine an allowance of benefits resulti…

A labor dispute means a deliberate action by two or more individuals or by an employer resulting in a strike or lockout where wages, hours, working conditions, or terms of employment are at issue.[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-…

"Preponderance of evidence" is that evidence which, when fairly considered, produces the stronger impression, has the greater weight, and is the more convincing as to its truth when weighted against the evidence in opposition thereto.[Statutory Authority: RCW 50.12.010, 50.12.040…