WSR 02-18-092

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed September 3, 2002, 12:31 p.m. ]

     Subject of Possible Rule Making: A new section in chapter 296-30 WAC, How would benefit payments be made in the event of a funding shortfall? The subject of this rule is to establish the priority in which benefit payments would be made in the event of a funding shortfall.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 7.68.030.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 7.68.015 "The Department of Labor and Industries shall operate the crime victims' compensation program within the appropriations and the conditions and limitations on the appropriations provided for this program."

     Labor and industries is required by law to pay medical costs, partial wage loss and pensions for crime victims who do not have other insurance. Under current law, if crime victims' claims exceed the appropriated funds, labor and industries has no choice but to stop payment for crime victims medical costs, partial wage loss and pensions.

     The proposed rule provides a priority for partial payment reductions in the event of a funding shortfall.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: In general the crime victims' compensation program conforms to United States Department of Justice and Washington state statutes and administrative codes. The proposed rule clarifies Washington state statute.

     Process for Developing New Rule: Public hearing.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cletus Nnanabu, Crime Victim Compensation Program Manager, P.O. Box 44520, Olympia, WA 98504-4520, phone (360) 902-5340, fax (360) 902-5333, TDD for hearing impaired (360) 902-4974, e-mail nnan235@lni.wa.gov. A public hearing in Tumwater will be scheduled. The Crime Victims Advisory Committee was notified at the quarterly meeting held on July 24, 2002.

September 3, 2002

Gary Moore

Director

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