Subject of Possible Rule Making: Adopt rules defining "equity and good conscience" as it pertains to the department's authority to make settlement agreements for unemployment taxes, interest, or penalties owed by an employer. Amend WAC 192-220-030 to define "equity and good conscience" for unemployment benefit overpayments consistent with new regulations adopted during this rule-making process and other statutory changes. The need for additional new and amended rules may be identified through the rule-making process.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules will implement chapter 122, Laws of 2013 (EHB 1394) regarding the department's authority to settle unemployment taxes, interest, and penalties owed by employers. The bill will also implement only section 4, chapter 189, Laws of 2013 (SB 5355) to clarify that, when determining eligibility for waiver, the department, in defining the term "equity and good conscience" must consider whether the employer or the employer's agent failed, without good cause, to respond timely or adequately to the department's written request for information.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (USDOL) reviews the state's administration of the unemployment insurance (UI) program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of UI laws as long as conformity is maintained. The proposed rules will be shared with USDOL prior to adoption.

     Process for Developing New Rule: The proposed rules will be shared with stakeholders identified in the rule-making process. We will solicit input from stakeholders and consider all written comments in the development of the final rules.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Juanita Myers, UI Rules Manager, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, fax (360) 902-9799, e-mail jmyers@esd.wa.gov. Please include your name, organization (if any), mailing address, e-mail address and telephone number.

May 29, 2013

Dale Peinecke

Commissioner