Wash. Rev. Code » Title 50 · Chapter 50.12

Wash. Rev. Code § 50.12.010

Commissioner's duties and powers

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(1) The commissioner shall administer this title. He or she shall have the power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication and in the manner, not inconsistent with the provisions of this title, which the commissioner shall prescribe. The commissioner, in accordance with the provisions of this title, shall determine the organization and methods of procedure of the divisions referred to in this title, and shall have an official seal which shall be judicially noticed. The commissioner shall submit to the governor a report covering the administration and operation of this title during the preceding fiscal year, July 1st through June 30th, and shall make such recommendations for amendments to this title as he or she deems proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the commissioner in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. Whenever the commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he or she shall promptly so inform the governor and legislature and make recommendations with respect thereto.
(2) There is established a unit within the department for the purpose of detection and investigation of fraud under this title. The department will employ supervisory and investigative personnel for the program, who must be qualified by training and experience.
(3) The commissioner or the commissioner's duly authorized designee is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with the investigation for abuse or fraud under chapter 50.20 RCW. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited.
[ 2010 c 8 s 13013; 2008 c 74 s 5; 1977 c 75 s 75; 1955 c 286 s 1; 1949 c 214 s 7; 1945 c 35 s 40; Rem. Supp. 1949 s 9998-178. Prior: 1943 c 127 s 8; 1941 c 253 s 8; 1939 c 12 s 2.]

Notes:

Finding—2008 c 74: See note following RCW 51.04.024.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1990–2024 · leading case: Darkenwald v. Employment Security Department
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Darkenwald v. Employment Security Department (2015) wash “RCW 50.12.010, .040, and .042 grant the commissioner the power to promulgate regulations effectuating the provisions of Title 50 RCW.”
Penick v. Employment Security Department (1996) washctapp “Penick first suggests that the Commissioner lacks jurisdiction to consider the status of the contract drivers because the Employment Security Act covers only persons in "employment” and, he contends, the drivers are not in his employment.”
Shoreline Community College District No. 7 v. Employment Security Department (1990) washctapp · cites it 2× “RCW 50.12.010; WAC 192-16-002. Affirmed. ALEXANDER, C.”
Penick v. Employment SEC. Dept. (1996) washctapp “Penick first suggests that the Commissioner lacks jurisdiction to consider the status of the contract drivers because the Employment Security Act covers only persons in "employment" and, he contends, the drivers are not in his employment.”
Washington Trucking Ass'n v. Employment Security Department (2016) washctapp “All ESD auditors are required to comply with the Generally Accepted Auditing Standards.”
G&G Electric & Plumbing Dist. v. Employment Security Department (1990) washctapp “) WAC 192-16-009(1), promulgated under the authority of RCW 50.12.010 and RCW 50.12.040 and unchallenged by the appellant (see Johns, 38 Wn.”
Swanson Hay Company v. Employment Security Department (2017) washctapp “He correctly observed that the Commissioner's Review Office, being an office within the executive branch, lacks the authority or jurisdiction to determine whether the laws it administers are constitutional; only the courts have that power.”
Jessica Tuffley v. Employment Security Department (2024) washctapp “3 Under the regulations, a claimant must meet three requirements to establish good cause: (a) [They] left work primarily because of [their stated] illness, disability, or death [of a member of their immediate family]; and (b) The illness, disability, or [family member’s] death…”
Kimberlie Tuttle, App. v. State Of Wa/employment Security (2014) washctapp “7 RCW 50.12.010 governs the commissioner's duties and powers.”
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