Washington Administrative Code

(1) Any party aggrieved by the entry of an order of default may:(a) File a motion to vacate the order of default with 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 from such order by complyin…

(1) A written petition for reconsideration and argument in support thereof must 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 Employment Security Department, Post Office…

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 that is merely an advisory opinion.[Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-80…

Delivery under RCW 34.05.542 is made when a copy of the petition for judicial review is 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(…

(1) The department may authorize another individual to act on the employee's behalf for the purposes of paid family and medical leave benefits if:(a) An employee designates an authorized representative by submitting written documentation or other information as required by the de…

(1) To maintain confidentiality of records under chapter 50A.25 RCW:(a) All proceedings will be closed to the public unless otherwise agreed upon by all parties appearing for hearing;(b) All proceeding records will be sealed for hearings closed to the public and are not publicly …

(1) The definitions set forth in RCW 42.56.010 and WAC 192-02-020 apply to this chapter unless the context clearly indicates otherwise.(2) An employer's "own records" as used in RCW 50A.25.040 means records and information provided to the department by the employer or the employe…

(1) The department will manage records requests as outlined in chapter 192-02 WAC.(2) If an individual requests records or information concerning that individual held by the department under RCW 50A.25.040, those records must be released only to the requesting individual.(3) If a…

(1) If misuse or an unauthorized disclosure of records or information deemed private and confidential under chapter 50A.25 RCW occurs, each party involved in the data-sharing that is aware of the misuse or unauthorized disclosure must inform the department within two business day…

An "aggrieved party" is any interested party who receives an adverse decision from:(1) The department for which the department has provided notice of appeal rights;(2) The office of administrative hearings; or(3) The commissioner's review office.[Statutory Authority: RCW 50B.04.0…

"Calendar quarter" has the meaning provided in WAC 192-500-020.[Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-010, filed 8/18/21, effective 9/18/21.]

(1) An "employer" is:(a) Any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, limited liability company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee,…

"Employer agent" has the meaning provided in WAC 192-500-015.[Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-020, filed 8/18/21, effective 9/18/21.]

(1) In all determinations, cases, and appeals adjudicated by the employment security department under Title 50B RCW, the department is an "interested party."(2) Other interested parties in determinations, cases, and appeals include:(a) The employee or former employee; and(b) An e…

A "self-employed" person has the meaning provided in WAC 192-500-170.[Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-030, filed 8/18/21, effective 9/18/21.]

(1) Unless otherwise specified, the terms "mail," "provide," "file," "submit," and "send" are interchangeable and mean to properly transmit, deliver, or distribute:(a) By email or other electronic services; or(b) In another format approved by the department.(2) This section does …

An individual who has elected coverage under RCW 50B.04.180 is considered an "out-of-state participant."[Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-900-040, filed 2/14/25, effective 3/17/25.]

A "qualified individual" is an individual who has met the requirements outlined in RCW 50B.04.050 and chapter 192-940 WAC.[Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-900-045, filed 2/14/25, effective 3/17/25.]

A "year" for the purpose of qualified individual determinations made by the department under RCW 50B.04.050 means a calendar year, beginning on January 1 and ending on December 31.[Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-900-050, filed 2/14/25, effective 3/17/25…

(1) An employee who has long-term care insurance as outlined in RCW 50B.04.085 and attests to this, may apply through December 31, 2022, for a permanent exemption from the premium assessment under RCW 50B.04.080. Prior to July 1, 2028, an employee may rescind this exemption and p…

(1) An employee may apply for a conditional exemption from the premium assessment under RCW 50B.04.080 if:(a) The employee is a spouse or registered domestic partner of an active duty service member in the United States armed forces whether or not deployed or stationed within or …

(1) The employee must notify their employer(s) and the department within 90 days of no longer qualifying for an exemption outlined in WAC 192-905-006.(2) A discontinued exemption will take effect the quarter immediately following notification and premiums will be assessed.(3) Emp…

(1) An employee who holds a nonimmigrant visa for temporary workers, as recognized by federal law, is not subject to the rights and responsibilities of Title 50B RCW, unless the employee notifies their employer(s) in writing that they would like to participate.(2) The employer(s)…

From January 1, 2026, through June 30, 2028, an employee who has received a permanent exemption under RCW 50B.04.085 may rescind their exemption and participate in the program.(1) An employee must notify the department that they would like to rescind their exemption in a format a…

(1) Applications for exemption from the long-term services and supports trust program for individuals who have long-term care insurance purchased before November 1, 2021, will be accepted by the department only from October 1, 2021, through December 31, 2022, per RCW 50B.04.085.(…

(1) After an employee's exemption application is processed, the department will send the employee either:(a) An approval letter stating the employee is exempt from the program; or(b) A denial letter stating the reason for the denial.(2) A determination made by the department may …

(1) If an exempt employee fails to notify an employer of their exemption, the exempt employee is not entitled to a refund of any premium deductions made before notification was provided.(2) Any premium deductions made before notification was provided to the employer remain with t…

Per RCW 50B.04.080, premium assessment, collection, and reporting procedures under Title 50B RCW must align with the procedures under Title 50A RCW to the extent feasible. The following reporting requirements under the paid family and medical leave program apply to the long-term …

(1) Premiums must be paid quarterly. Each payment must include the premiums owed on all wages subject to premiums during that calendar quarter. Payments are due to the department by the last day of the month following the end of the calendar quarter for which premiums are being p…

(1) Employers must deduct premiums for each pay period in which the employee receives wages.(2) When an employer is found by the department to be noncompliant with collecting premiums from an employee, the employer must file an amended report and pay the past due premiums.(3) Sub…

(1) A payment received with a premium assessment will be applied to the quarter for which the premium assessment applies. A payment exceeding the premiums due for that quarter will be applied to any other debt as provided in subsection (4) of this section.(2) If no debt exists, p…

(1) A federally recognized tribe that elects coverage under RCW 50B.04.095 is an employer as defined in RCW 50A.05.010 and is subject to all rights and responsibilities under Title 50B RCW.(2) An employee of a federally recognized tribe that elects coverage under RCW 50B.04.095 i…

(1) Self-employed persons as defined in RCW 50B.04.090 may elect coverage under Title 50B RCW.(2) Coverage may only be elected beginning July 1, 2023, and before July 1, 2026, or within three years of becoming self-employed for the first time.(3) Notice of election of coverage mu…

Each quarter, self-employed individuals who elected coverage under Title 50B RCW will report wages as described in WAC 192-510-031.[Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-915-010, filed 8/18/21, effective 9/18/21.]

The department will determine the wages earned and hours worked for self-employed individuals as described in WAC 192-510-030 (1), (2), and (4).[Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-915-0…

(1) Parties to a collective bargaining agreement in existence on October 19, 2017, are not required to be subject to the rights and responsibilities under Title 50B RCW and related rules unless and until the existing agreement is reopened or renegotiated by the parties or expires…

The model rules of procedure contained in chapter 10-08 WAC, are, to the extent they are not inconsistent with the rules contained in this chapter, adopted as the rules of procedure for Title 50B RCW. The rules contained in this will, to the extent of any conflict with the model …

(1) An aggrieved party as defined in WAC 192-900-005 may file an appeal to the department by using the department's online services, or in another format approved by the department.(2) Any aggrieved party who receives a decision from the office of administrative hearings, other t…

Per RCW 50B.04.120, appeal procedures under Title 50B RCW must align with the appeal procedures under Title 50A RCW. The following general procedural rules for appeal under the paid family and medical leave program apply to the long-term services and supports trust program:(1) WA…

(1) The department may inspect and audit employer files and records as needed to ensure compliance with Title 50B RCW. Audits may take place at the discretion of the department.(2) Employers must provide all requested information to the department within 10 business days or a tim…

Employers must provide all requested documentation as it pertains to the long-term services and supports trust program under Title 50B RCW. If an employer fails or refuses to provide necessary payroll or other wage information during an audit, the department may determine payroll…

(1) The department will determine years earned toward qualified individual status under RCW 50B.04.050 based on wages earned and hours worked in employment as reported under chapter 192-910 WAC or in covered self-employment under chapter 192-915 WAC.(2) Only hours worked in repor…

(1) Qualified individual status under RCW 50B.04.050 is determined as follows:(a) An individual who has earned 10 years toward becoming a qualified individual will be eligible for the full benefit amount;(b) An individual who, from the date of application for benefits, has earned…

(1) Between January 1, 2026, and June 30, 2026, selected individuals may participate in a pilot project established under section 16, chapter 380, Laws of 2025.(2) The department will make qualified individual determinations in accordance with provisions outlined under this chapt…

(1) The department will send interested parties a notice when the department needs more information to make a determination. The notice will include:(a) The information the department needs to make a determination; and(b) The date by which the interested parties must respond. Thi…

(1) If an interested party fails to respond by the due date on the notice provided under WAC 192-950-005, the department will make a determination based on available information.(2) Subject to RCW 50B.04.120, if an application is denied because the interested party did not respon…

(1) When the department has issued a notice under WAC 192-950-005, the department will not make a determination on an individual's application until all interested parties have had an opportunity to provide information by the due date indicated on the notice.(2) If new facts are …

This chapter is promulgated pursuant to the authority granted in RCW 43.21C.120, requiring each state agency to adopt rules implementing the State Environmental Policy Act.This chapter is also promulgated to comply with WAC 197-11-904 (2) and (4).[Statutory Authority: RCW 43.21C.…

The Washington state energy office has reviewed the activities it is authorized to undertake and finds them all to be exempt as provided in part nine - Categorical exemptions WAC 197-11-875(23).[Statutory Authority: RCW 43.21C.120. WSR 84-20-044 (Order 84-01), § 194-12-020, filed…

This chapter is promulgated pursuant to the authority granted in RCW 34.04.020 and according to the guidelines established in 10 C.F.R. §205 of the Federal Mandatory Petroleum Allocation Regulations.[Order 1, § 194-14-010, filed 1/18/77.]