Whenever we have a question regarding whether you (the claimant) are eligible for benefits, we will give you adequate notice before making a decision. "Adequate notice" means we will tell you:

1. (1) Why we question your eligibility for benefits;

2. (2) That you have the right to a fact-finding interview about your eligibility for benefits and that the interview will be conducted by telephone except:

   1. (a) When you specifically ask to be interviewed in person; or
   2. (b) In unusual circumstances where we decide an in-person interview is necessary.
3. (3) That you can have someone, including an attorney, assist you at the interview;
4. (4) That you can have witnesses on your behalf, provide evidence, and cross-examine other witnesses or parties;
5. (5) That, prior to the interview, you may ask for copies of any records or documents we have that we will consider in making a decision about your eligibility for benefits;
6. (6) The date by which you must reply to the notice (which will be no earlier than five working days plus reasonable mailing time, if any); and
7. (7) That if you do not respond to the notice by the date shown, your benefits may be denied and you may have to repay any benefits already paid to you.

[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-120-030, filed 1/31/17, effective 3/3/17; WSR 16-21-013, § 192-120-030, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-030, filed 4/5/99, effective 5/6/99.]