Current through Register Vol. 24-18, September 15, 2024
(1)
(a) The department will engage employers in
conference and conciliation when the employer fails to make all required:
(i) Premium payments;
(ii) Payments on penalties assessed by the
department for the failure to submit required reports; or
(iii) Payments on penalties assessed by the
department for violations related to voluntary plans.
(b) "Conference and conciliation" for the
purpose of this chapter means to encourage an amicable resolution of disputes
between the employer and the department prior to the issuance of a warning
letter.
(2) The
department will promptly attempt to contact the employer to engage in
conference and conciliation when appropriate under subsection (1) of this
section. If the department does not receive a response from the employer by the
deadline given, the department will attempt the contact again, for a total of
two attempts. A warning letter will be sent to the employer if no contact can
be made.
(3)
(a) Through conference and conciliation
employers will be given an opportunity to provide information and to explain
their reasons for failing to meet the department's requirements in subsection
(1) of this section. The department will not issue a warning letter if:
(i) The employer provides good
cause;
(ii) The department
determines the good cause provided prevented compliance; and
(iii) The parties agree to an approved
payment schedule.
(b)
"Good cause" for the purpose of this section means:
(i) Death or serious illness of one or more
persons directly responsible for discharging the employer's duties under Title
50A RCW;
(ii) Destruction of the
employer's place of business or business records not caused by, or at the
direction of, the employer; or
(iii) Fraud or theft against the
employer.
(4)
The burden of proof is on the employer to provide all pertinent facts and
evidence or documentation for the department to determine good cause.
(5) Conference and conciliation is only
available to employers in the circumstances described in subsection (1)(a) of
this section.
(6) If an employer is
eligible for conference and conciliation, the department will issue a warning
letter when:
(a) The employer does not comply
with the approved repayment schedule; or
(b) A resolution is not reached through
conference and conciliation.
