WSR 99-03-076

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Management Services Administration)

[Filed January 19, 1999, 3:32 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-22-059.

Title of Rule: WAC 388-320-350 Declaratory orders--Forms, content, and filing, 388-320-360 Declaratory orders--Procedural rights of persons in relation to petition, and 388-320-370 Declaratory orders--Disposition of parties.

Purpose: Management Services Administration is proposing a repeal of WAC 388-320-350 through 388-320-370, dealing with requests to DSHS for declaratory petitions and orders. Agencies issue declaratory orders in response to a petition for a declaratory order, a request to an agency to determine questions of rights. These DSHS WACs duplicate WAC 10-08-250 through 10-08-252. These rules are the "model rules," which agencies follow if and when they do not adopt their own.

Statutory Authority for Adoption: RCW 74.08.090, 34.05.220, 34.05.240, 34.05.250.

Statute Being Implemented: RCW 34.05.220, 34.05.240, 34.05.250.

Summary: The proposed rule making will repeal WAC 388-320-350 through 388-320-370. It will create a new rule, WAC 388-320-375, which will reference WAC 10-08-250 through 10-08-252, which are the virtually identical "model rules," and will provide an address for filing petitions with DSHS.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Merry A. Kogut, P.O. Box 45800, Olympia, WA 98504-5800, kogutma@dshs.wa.gov, (360) 902-8317.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Management Services Administration is proposing a repeal of WAC 388-320-350 through 388-320-370, dealing with requests to DSHS for declaratory petitions and orders. Agencies issue declaratory orders in response to a petition for a declaratory order, a request to an agency to determine questions of rights. These DSHS WACs duplicate WAC 10-08-250 through 10-08-252, the model rules on declaratory orders.

Proposal Changes the Following Existing Rules: The proposed rule making will repeal WAC 388-320-350 through 388-320-370. It will create a new rule, WAC 388-320-375, which will incorporate WAC 10-08-250 through 10-08-252, which are duplicative, and will provide an address for filing petitions with DSHS.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. These rules do not meet the definition of "significant legislative rules."

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on February 23, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by February 12, 1999, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by February 23, 1999.

Date of Intended Adoption: No sooner than February 24, 1999.

January 15, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2529.2

NEW SECTION



WAC 388-320-375  How do I file declaratory orders? (1) First, read the information on declaratory orders in RCW 34.05.240 and WAC 10-08-250, 10-08-251, and 10-08-252.

(2) Next, file your petition with the Rules and Policies Assistance Unit; DSHS; P.O. Box 45850; Olympia, WA 98504-5850.



[]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 388-320-350 Declaratory orders--Forms, content, and filing.

WAC 388-320-360 Declaratory orders--Procedural rights of persons in relation to petition.

WAC 388-320-370 Declaratory orders--Disposition of petition.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office