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WAC 192-220-040

How will the disqualification period and penalty established by RCW 50.20.070 be assessed?

(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 criteria in this section.
(2) Once the department sends a fraud decision, any fraud that is found for weeks filed before, or within fourteen days after, the date the decision is sent will be treated as part of the same occurrence of fraud. This applies even if the decisions involve different eligibility issues.
Example: A fraud decision is sent on June 1 for weeks claimed on April 30. On July 1, a decision is sent assessing fraud for weeks claimed on March 31. Both decisions will be treated as the same level occurrence because the weeks covered by the July 1 decision were filed before the June 1 decision was sent.
(3) The department will treat any fraud for weeks filed more than fourteen days after the date a prior fraud decision is sent as a separate occurrence of fraud. This applies even if the weeks claimed occur before the weeks for which fraud was assessed in the prior decision.
Example: On June 1, a decision is sent assessing fraud for weeks you claimed on March 31. On July 10, late claims are filed for weeks before March 31 in which fraud is committed. The later decision is treated as a subsequent occurrence of fraud because the late claims were filed more than fourteen days after June 1.
(4) The department will assess a disqualification period and penalty for each fraud decision issued based on whether it is a first, second, third or subsequent occurrence.
Example 1: A first occurrence of fraud is assessed on June 1 with a disqualification period of twenty-six weeks beginning with the week of June 1. Another fraud decision is issued on June 12 that is found to be part of the first occurrence. In addition to the fifteen percent penalty, the disqualification period is twenty-six weeks beginning with the week of June 1st.
Example 2: A first occurrence of fraud is assessed on June 1 with a disqualification period of twenty-six weeks and a penalty of fifteen percent beginning with the week of June 1. A second occurrence of fraud is assessed on July 10 with a disqualification period of fifty-two weeks beginning with the week of July 10 and a penalty of twenty-five percent for the weeks fraudulently paid.
(5) All disqualifications and penalties in this section are in addition to the required repayment of any benefits paid as a result of fraud.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-220-040, filed 10/7/16, effective 11/14/16; WSR 13-24-012, § 192-220-040, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-220-040, filed 11/21/07, effective 1/1/08.]
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