WSR 00-18-059

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed September 1, 2000, 11:19 a.m. ]

Date of Adoption: September 1, 2000.

Purpose: The DSHS hearing rules, chapter 388-02 WAC, supplement the procedural provisions Model rules of procedure, chapter 10-08 WAC from the Office of Administrative Hearings. These rules describe procedures for resolution of disputes between DSHS and its clients, vendors, contractors, and customers. The rules clarify DSHS hearing procedures. These rules have been written to comply with Executive Order 97-02 and use clear rule-writing techniques to make information easy to find and understand by DSHS clients, vendors, contractors, and customers.

Statutory Authority for Adoption: RCW 34.05.020.

Adopted under notice filed as WSR 00-10-034 on April 24, 2000.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-02-0010, corrected grammatical error in definition of "DSHS representative." The definition of "party" was reorganized to clarify that DSHS is also a party in a hearing.

WAC 388-02-0070 and 388-02-0075, clarified that delivery is required for filing documents.

WAC 388-02-0085, reorganized and added language encouraging an individual to request a hearing if they are not sure whether they actually have a hearing right.

WAC 388-02-0115, clarified that a person may withdraw a hearing request if the ALJ and the other party are present.

WAC 388-02-0125, corrected subsection (1) by stating that an "intermediary interpreter" means an interpreter who is a certified deaf interpreter (CDI). Added that a qualified interpreter for a person with a hearing impairment includes a visual language interpreter certified by a national association of the deaf.

WAC 388-02-0145, added the "hearing impaired person" to the list of people who choose the appropriate interpretive mode when interpreters are used.

WAC 388-02-0155, added language stating that a person requesting a hearing should let DSHS or OAH know the name, address, and telephone number of their representative.

WAC 388-02-0160, corrected a term to be consistent with WAC 388-02-0180.

WAC 388-02-0210, added the term "reverse" to show that an ALJ may reverse the DSHS action if DSHS does not attend the prehearing conference.

WAC 388-02-0225, added language emphasizing that only a court may decide if a DSHS rule is invalid.

WAC 388-02-0375, 388-02-0520 and 388-02-0570, corrected the cite.

WAC 388-02-0475, clarified the language.

WAC 388-02-0515, prescribed where deadlines are found.

WAC 388-02-0590, added language to clarify the timeline for requesting more time to respond to a petition for review.

WAC 388-02-0610, deleted inaccurate language.

WAC 388-02-0630, added language to clarify the timeline for requesting more time to respond to a reconsideration request.

WAC 388-02-0650, added in-person service information for the AAG's office.

Variation from the Model Rules of Procedure: Under RCW 34.05.250 agencies are required to report any variation from model rules of procedures outlined by the Office of Administrative Hearings (chapter 10-08 WAC). DSHS hearing rules are now found in chapter 388-02 WAC. They are written using clear rule-writing techniques to supplement the model rules of procedure.

Questions were used in the titles of the rule to assist users to quickly and easily find information. The rules also clarify DSHS responsibilities for hearings, extend the time for vacating dismissal orders, and specify the authority of administrative law judges to stay an action. The rule puts legal terms such as evidence, subpoenas, and burden of proof in language the public can understand. Prehearing guidelines are incorporated into the rule to encourage early dispute resolution between DSHS and its clients, vendors, contractors, and customers.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 130, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 130, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 130, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

September 1, 2000

Edith M. Rice, Chief

Office of Legal Affairs

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-20 issue of the Register.

Washington State Code Reviser's Office