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Chapter 192-120 WAC

Last Update: 12/7/23

CLAIMANT NOTICES

WAC Sections

HTMLPDF192-120-001Information for claimants.
HTMLPDF192-120-010Claimant information booklet.
HTMLPDF192-120-020Presentation of benefit rights.
HTMLPDF192-120-030Will I be told if my eligibility for benefits is questioned?
HTMLPDF192-120-035How will adequate notice be provided?
HTMLPDF192-120-040Will I be interviewed before a decision about my eligibility is made?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
192-120-050Conditional payment of benefits. [Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-06-054, § 192-120-050, filed 2/28/17, effective 3/31/17; WSR 16-21-013, § 192-120-050, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-120-050, filed 12/9/04, effective 1/9/05.] Repealed by WSR 24-01-017, filed 12/7/23, effective 1/7/24. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.170.


PDF192-120-001

Information for claimants.

(1) The department will provide you with information necessary for filing your weekly claims for benefits.
(2) The department will provide assistance to any person who needs help in filing claims.
(3) You will be responsible for following written information provided by the department for the duration of your claim, and will be presumed to understand the information unless you ask for help in understanding it.
[Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-001, filed 4/5/99, effective 5/6/99.]



PDF192-120-010

Claimant information booklet.

(1) The department will publish and post on its website an information booklet for unemployment insurance claimants that provides basic information on the laws, rules, and procedures for unemployment insurance benefit claims. Single copies of the booklet will be available to the public at no charge.
(2) The department will send claimants who file an application for benefits a link to the booklet by email or other electronic means. If the department does not have the ability or authorization to notify a claimant by email or other electronic means, the department will send the claimant a written notice containing the link to the web address for the booklet. The department will mail a hard copy of the booklet to any claimant who requests it.
(3) The department will maintain a brief descriptive web address to help claimants locate the booklet online. The link to the booklet will be prominently displayed on the department's website.
(4) Each claimant is responsible for filing weekly claims and following all instructions as required in the booklet for the duration of the claim unless other specific information is provided to the claimant by the department.
(5) The department will assist any person who advises the department that he or she is having difficulty understanding the booklet.
(6) If a claimant does not ask for help in understanding the booklet, he or she will be presumed to understand its contents and held responsible for any failure to act as directed by the booklet.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-120-010, filed 10/7/16, effective 11/14/16; WSR 14-06-019, § 192-120-010, filed 2/24/14, effective 3/27/14. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-010, filed 4/5/99, effective 5/6/99.]



PDF192-120-020

Presentation of benefit rights.

(1) When you file an application for benefits, the department will give you a presentation of benefit rights. At a minimum, the presentation of benefit rights will include information regarding:
(a) Your statement of wages and hours (monetary determination);
(b) Instructions on filing weekly claims;
(c) Reemployment services; and
(d) How eligibility questions are adjudicated.
(2) You will be responsible for filing claims and providing information as directed in the presentation of benefit rights unless other instructions are given to you after the presentation of benefit rights.
(3) If there is a conflict between written and spoken information provided to you, the written information will prevail.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-120-020, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-020, filed 4/5/99, effective 5/6/99.]



PDF192-120-030

Will I be told if my eligibility for benefits is questioned?

Whenever we have a question regarding whether you (the claimant) are eligible for benefits, we will give you adequate notice before making a decision. "Adequate notice" means we will tell you:
(1) Why we question your eligibility for benefits;
(2) That you have the right to a fact-finding interview about your eligibility for benefits and that the interview will be conducted by telephone except:
(a) When you specifically ask to be interviewed in person; or
(b) In unusual circumstances where we decide an in-person interview is necessary.
(3) That you can have someone, including an attorney, assist you at the interview;
(4) That you can have witnesses on your behalf, provide evidence, and cross-examine other witnesses or parties;
(5) That, prior to the interview, you may ask for copies of any records or documents we have that we will consider in making a decision about your eligibility for benefits;
(6) The date by which you must reply to the notice (which will be no earlier than five working days plus reasonable mailing time, if any); and
(7) That if you do not respond to the notice by the date shown, your benefits may be denied and you may have to repay any benefits already paid to you.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-120-030, filed 1/31/17, effective 3/3/17; WSR 16-21-013, § 192-120-030, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-030, filed 4/5/99, effective 5/6/99.]



PDF192-120-035

How will adequate notice be provided?

When you file your weekly claim for benefits by telephone, you will receive a verbal notice if there is a question about your eligibility for benefits. When you file your weekly claim for benefits by using the department's online services, a statement will be displayed online that there is a question about your eligibility for benefits. You will be provided a minimum of five working days, plus reasonable mailing time, if any, to respond to the notice or statement.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-120-035, filed 1/31/17, effective 3/3/17; WSR 16-21-013, § 192-120-035, filed 10/7/16, effective 11/14/16; WSR 14-04-074, § 192-120-035, filed 1/30/14, effective 3/2/14. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-035, filed 4/5/99, effective 5/6/99.]



PDF192-120-040

Will I be interviewed before a decision about my eligibility is made?

Before any decision is made regarding your eligibility for benefits, you will be given an opportunity to be heard. "Opportunity to be heard" is an offer to hold a fact-finding interview to resolve our questions about your (the claimant's) eligibility for benefits.
(1) At the interview, before you are asked to answer any questions, we will tell you all the facts we have that we will consider in making a decision.
(2) We will not use any facts received after the interview to make our decision unless:
(a) We tell you about the new information, and
(b) Give you the chance to respond to the new information.
[Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-040, filed 4/5/99, effective 5/6/99.]