WSR 10-01-002

PREPROPOSAL STATEMENT OF INQUIRY

PARKS AND RECREATION

COMMISSION

[ Filed December 2, 2009, 12:09 p.m. ]

Subject of Possible Rule Making: The state parks and recreation commission is considering amending WAC 352-32-251 Limited income senior citizen, disability, and disabled veteran passes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 79A.05.065 Park passes -- Eligibility.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: An ADA complaint (DJ# 204-82-256) was filed with the United States Department of Justice (DOJ) alleges that state parks "verification of residency" documents outlined in WAC 352-32-251 fall short of those documents deemed acceptable as proof of residence for securing disability passes according to the Americans with Disabilities Act of 1990. This change in verification of residency documents to subsection (5) of the WAC broadens the scope of acceptable documents to align with the requirements of the ADA of 1990.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The DOJ, Civil Rights Division, Disability Rights Section advised state parks director in a letter dated October 21, 2009, of the complaint. The DOJ advised state parks director of their ruling in a letter dated November 16, 2009. Parks staff held telephone conversations with the DOJ investigator and provided documentation as requested concerning the occurrence.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Alan Wolslegel, Operations Support Manager, Washington State Parks, 1111 Israel Road, Olympia, WA 98504-4265, (360) 902-8659, al.wolslegel@parks.wa.gov.

November 30, 2009

Judy Johnson

Deputy Director

Washington State Code Reviser's Office