Rule Chapter, Title, and Subject: Chapter 3310, Chapter 3315: Proposed Permanent Rules Relating to Technical and Terminology Changes to Unemployment Insurance Appeals and Employer Records; Determining Worker Status.
Reason for Rulemaking: The proposed amendments and repeal to the rules are necessary primarily to provide clarity and consistency within the rules and the relevant governing statutes.
The proposed amendments are also necessary to update the rules in light of the Department's current practices, the Department's expanded use of the online system for providing notices, scheduling hearings, and providing access to documents, the fact that nearly all appeal hearings are conducted by telephone, and the financial constraints of the Department.
The proposed amendments to the procedures governing appeals are also necessary in order to offer guidance to participants in the appeal process and to ensure that the rules adequately explain the existing procedures. In many places in the current rules, the process is detailed only up to a certain point, which can cause confusion or surprise for participants. The Department aims to completely explain the process and procedure for appeals hearings with these amendments.
The proposed amendments and repeal to the rules related to record-keeping requirements are for the purpose of alleviating the burden on employers. The current rules require that employers keep many more records than the Department actually uses. The changes to the rules would eliminate unnecessary mandates for employers.
Rule Contact: Katrina Gulstad; 651-259-7241