Washington Administrative Code

No. Participation in the referral union program is limited to persons who are eligible for dispatch by the union and actively seeking dispatch. The union must meet the requirements of WAC 192-210-100. (1) Qualified referral unions. A referral union that does not meet the requirem…

(1) Application. The union's application for participation in the referral union program is subject to approval by the department. By submitting a signed application, the union agrees to:(a) When requested, tell the department whether a person is a member of the union, eligible f…

(1) Job search. If you are a member of a union that has been approved for the referral union program, the department will accept this as meeting the job search requirements of RCW 50.20.010 (1)(c). This means that you are not required to look for work on your own as long as you m…

(1) Eligibility. You are eligible for the program if you are registered with the union, eligible for dispatch, and you are:(a) Immediately available for dispatch or referral as required by the union; and(b) Actively seeking, willing and able to accept any suitable work as defined…

The department will:(1) Notify the union of changes in laws, rules, or policy that impact the referral union program; and(2) Upon request, provide training to the designated contact person or other union staff on the requirements they must meet to participate in the referral unio…

(1) A professional athlete is not eligible for benefits during the period between two successive sports seasons when substantially all of his or her base period wages were earned through participation in professional sports or athletic events and the individual has reasonable ass…

(1) If a potential overpayment exists, the department will provide you with a written overpayment advice of rights explaining the following:(a) The reasons you may have been overpaid;(b) The amount of the possible overpayment as of the date the notice is sent;(c) The fact that th…

As used in this chapter and chapter 192-230 WAC, the term "overpayment assessment" includes both unemployment benefits you received for which you were not eligible as well as any penalty assessed under RCW 50.20.070 resulting from fraud.[Statutory Authority: RCW 50.12.010, 50.12.…

(1) You must repay the full amount of the overpayment, even if you are not at fault, unless you are granted a waiver. (See also WAC 192-230-110.) A waiver means you do not have to repay the overpayment.(2) Except as provided in subsection (3) of this section, you are potentially …

The department will waive overpayments for federally funded benefits when:(1) The individual answered "no" to being able to work and available for work and:(a) The state paid Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation, or Pandemic Emergency Unemp…

(1) The department will decide if you are at fault for an overpayment based on information provided by you and your employer and from information contained in the department's records. You will be considered at fault:(a) When the overpayment is the result of fraud, misrepresentat…

(1) "Equity and good conscience" means fairness as applied to a given set of circumstances.(2) It will be against equity and good conscience to deny waiver when repayment of the overpayment would deprive you of income required to provide for basic necessities including food, shel…

(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 criteri…

(1) The department will assess the penalty established under RCW 50.20.070 for fraud based on a percentage of benefits paid for those weeks in which the fraud occurred or that were paid as a result of fraud. The penalty will not apply to other weeks that may be included in the sa…

(1) The department will send a new decision showing the corrected disqualification period and penalty if a disqualification period or penalty changes because of a change to another fraud decision following a redetermination or appeal.Example 1: A first occurrence of fraud is asse…

(1) The department will send you and all interested employers information about the overpayment assessment and the right to appeal any of the following elements of the assessment:(a) The reason for the overpayment.(b) The amount of the overpayment.(c) The finding of fault or nonf…

You are not required to repay benefits improperly paid to you because an employer failed to correctly report your wages or hours and a later correction results in a lower benefit amount or your claim becomes invalid. However, you remain liable for any overpayment assessment resul…

(1) When a decision is issued that creates an overpayment, the department will send you an application for waiver if you are potentially eligible.(2) The waiver application asks for information concerning your financial condition and other circumstances which will help the depart…

For purposes of this chapter, the following definitions apply:(1) Outstanding balance means the total of all unpaid overpayment assessments (including penalties), court costs, interest charges, and surcharges.(2) Due date means the date by which the minimum monthly payment must b…

(1) If the department has assessed more than one overpayment against you, we will first apply payments against any overpayment involving fraud. If there are multiple overpayments involving fraud, we will apply payments in order beginning with the oldest benefit year. If none of t…

The department will calculate your minimum monthly payment as described in this section, unless we approve another payment amount.(1) If the overpayment was assessed by another state, the department will not calculate a minimum monthly payment. If the overpayment is being recover…

(1) Interest will not be charged on an overpayment assessed by another state.(2) Interest will be charged at the rate of one percent per month for overpayments based on fraud. The interest will be charged on both the overpaid benefits and the fraud penalty, if any. If you appeal …

(1) You may ask to repay an overpayment by offset on a valid benefit year as described in WAC 192-230-100. If the new balance available on your current benefit year is greater than the balance of your overpayment, you can choose the amount of benefits to be offset from each payme…

(1) If you do not repay an overpayment in full or make the minimum monthly payments provided for in WAC 192-230-030, the principal amount will be deducted from benefits payable for any week(s) you claim. Interest, penalties, surcharges, court costs, and charges for dishonored pay…

(1) Yes. State law permits the department to accept an offer in compromise for less than the full amount owed. For purposes of this chapter, an offer in compromise is referred to as a negotiated settlement.(2) Except as provided in subsection (4) of this section, a negotiated set…

Except in unusual circumstances, a settlement offer will not be accepted when your overpayment is the result of fraud, misrepresentation, or willful nondisclosure. Unusual circumstances that may warrant a negotiated settlement of the overpayment and associated penalties include, …

(1) You may contact the department's unemployment benefits collection unit and make an offer to settle the debt for less than the full amount owing. Specify the amount you are offering to repay and be prepared to provide financial and other information in support of your offer. T…

File your application for extended benefits by using the department's online services or by placing a telephone call to the department. The commissioner can authorize other filing methods in unusual circumstances or for the convenience of the department.[Statutory Authority: RCW …

(1) An individual receiving benefits must be available for suitable work. Except as provided in subsection (2), any job is considered suitable if you are receiving extended benefits unless:(a) It is not within your capabilities;(b) The position is vacant because of a labor disput…

(1) You will be denied extended benefits if you fail:(a) To accept any offer of suitable work as defined in WAC 192-240-020 if the job was:(i) Offered to you in writing; or(ii) Listed with the department.(b) To accept a referral, or to apply for suitable work, when referred by yo…

(1) To be eligible for extended benefits, you must show evidence of a systematic and sustained effort to find work. Your efforts must be of a quality and frequency that clearly indicate you are making sincere efforts to immediately return to gainful employment.(a) At a minimum, y…

(1) If you claim extended benefits during a week in which you failed to accept any offer of work, or failed to accept a referral or apply for any work as directed by the department:(a) Benefits will be denied under RCW 50.20.080 if the work was suitable as defined by RCW 50.20.10…

RCW 50.22.030(2) provides that you are only eligible for two weeks of extended benefit payments if you live in a state that is not in an extended benefit period. If you subsequently move to a state that is in an extended benefit period, you may be eligible for further extended be…

Any emergency unemployment compensation or any similar federal compensation may be paid before the state extended benefits authorized under chapter 50.22 RCW at the discretion of the commissioner.[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-24-011, § 192-…

If you are paid pandemic unemployment assistance established under Sec. 2102 of Public Law No. 116-136, as amended, emergency unemployment compensation (which includes pandemic emergency unemployment compensation under Sec. 2107 of Public Law No. 166-136, as amended), state exten…

(1)(a) If your weekly benefit amount for regular unemployment benefits is increased during your benefit year, the maximum amount of extended benefits payable will be the lesser of fifty percent of the total regular unemployment compensation paid to you for the benefit year or thi…

For purposes of this chapter:(1) "General economic downturn" means a regional slowdown in work within an industry that is not due to factors that are typical for the industry or occupation.(2) "Permanent basis" means an employment relationship that is steady, stable, and not inte…

(1) The shared work program is a voluntary program that offers Washington employers an alternative to laying off skilled employees during periods of general economic downturn.(2) An employer may reduce an employee's usual weekly hours of work from ten to fifty percent and the emp…

In addition to the criteria listed in RCW 50.60.030, employers must:(1) Include their ESD number on the plan application; and(2) Designate a representative to be a liaison between the department and the employees who participate in the shared work plan.[Statutory Authority: RCW 5…

(1) What information am I responsible for providing to my employees? When your shared work plan is approved, you are responsible for telling your affected employees:(a) They are approved for participation in the shared work program;(b) How to apply for shared work benefits; and(c…

The department may revoke a shared work plan for good cause. In addition to the factors listed in RCW 50.60.070, "good cause" includes, but is not limited to:(1) An employer's failure within ten working days to:(a) Report a change in their ESD number.(b) Report an impending sale …

(1) When do I apply for benefits? Your employer representative will tell you if you need to apply for benefits and how to do so. If you have a current valid claim, you do not need to apply again.(2) How do I file my weekly claim for benefits? See WAC 192-140-005 for instructions …

The following employees are not eligible for participation in the shared work program:(1) Employees paid on any basis other than hourly wage. This includes, but is not limited to, employees paid on a piece rate, mileage rate, job rate, salary, or commission basis. The commissione…

The definitions below apply to this chapter and RCW 50.22.155:(1) "Labor market" means the geographic area in which workers in your particular occupation or with your particular skill sets have customarily found work. For the purpose of determining whether you are a dislocated wo…

To be eligible for training benefits as a dislocated worker, you must have been separated from your employer due to a permanent reduction in operations at your place of employment or for a reason that does not disqualify you from benefits. Training benefits are not available if y…

(1) The term "during the twelve-month period" means you served in the United States military or Washington National Guard at any point during the twelve-month period prior to application date.(2) The term "application date" means the date on which you filed an initial application…

(1) For purposes of this section:(a) "Injury" means a trauma to the integrity or function of a tissue or organ and the resulting physical conditions;(b) "Illness" means a condition marked by an obvious deviation from the normal healthy state, characterized by sickness, disease, o…

(1) Information about training benefits will be included in the informational notice sent to you at the time you file your application for unemployment benefits (see WAC 192-120-010). For purposes of subsections (2) and (3) of this section, the informational notice is considered …

(1) To receive training benefits, you must be enrolled in an approved training program. Unless you are a dislocated worker eligible under RCW 50.22.155 (2)(a)(i), or a disabled individual as provided in RCW 50.22.155 (2)(c), you must be enrolled on a full-time basis as determined…

The following information must be included in your application for training benefits:(1) Your name and either your Social Security account number or the claimant identification number assigned to you by the department;(2) The name of the educational institution;(3) The address of…