WSR 03-05-016

AGENDA

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed February 7, 2003, 3:53 p.m. ]

Following is the Department of Social and Health Services' Semi-Annual Rule-Making Agenda, by administration, for January 1, 2003, through June 30, 2003. This report will be published in the state register pursuant to RCW 34.05.314, and distributed to interested parties.

This report represents rule-making activity that can be forecast at this time. There may be additional rule-making activity resulting from legislative actions, to comply with federal mandates, from the on-going reviews to meet the regulatory reform efforts of Executive Order 97-02, or to meet unforeseen circumstances.


DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Semi-Annual Rule-Making Agenda

January 1, 2003 through June 30, 2003



This report describes the projected rule-making activity by DSHS administrations and divisions from January 1, 2003, through June 30, 2003. DSHS publishes this rule-making agenda semi-annually to comply with RCW 34.05.314.

The rule-making agenda represents activity that can be forecast at this time. There may be additional DSHS rule-making activity during this period to comply with new laws, to meet federal requirements, or to respond to unforeseen circumstances.

For questions about this rule-making agenda and the DSHS rule-making process, please contact Andy Fernando, DSHS Rules Coordinator, at P.O. Box 45850, Olympia, WA 98504-5850, by phone at (360) 664-6094, or by e-mail at FernaAX@dshs.wa.gov. If you are interested in receiving DSHS rule-making notices, please contact Fred Swenson at the DSHS Rules and Policies Assistance Unit by phone at (360) 664-6097 or by e-mail at SwensFH@dshs.wa.gov.

Following the tables are explanations of the terms CR-101, CR-102, CR-103 and CR-105.


AGING AND DISABILITY SERVICES ADMINISTRATION
Division of Developmental Disabilities
WAC Chapter or WAC Section # Chapter, Subpart Caption Subject Matter

or Section Caption

Anticipated Rule-Making Actions

In the Period January through June 2003

WAC 388-820-020, 388-820-050, 388-820-300, 388-820-400, 388-820-690 DDD community residential services and supports Same CR-101, CR-102, CR-103

Adding definitions; mental health bed service; exemption for clients in mental health beds; requirements for mental health beds; reference to mental health beds.

WAC 388-820-030, 388-820-050, 388-820-070, 388-820-090, 388-820-100, 388-820-120, 388-820-230, 388-820-260, 388-820-290, 388-820-310, 388-820-320, 388-820-330, 388-820-350, 388-820-550, 388-820-560, 388-820-580, 388-820-610, 388-820-640, and 388-820-650 DDD community residential services and supports Same CR-101, CR-102, CR-103

Amending and clarifying language.

Chapters 388-825, 388-820, and 388-850 WAC DDD community residential services and supports; DDD services rules DDD state supplementary payment program CR-102, CR-103

Amending and adopting new rules to implement legislation (SSB 6387) on DDD state supplementary payment program; and revising eligibility rules.

Chapter 388-825 WAC DDD services rules Eligibility for DDD

services

CR-101, CR-102, CR-103

Revising rules affected by new legislative budget directives; other changes to eligibility criteria.

Home and Community Services Division
Chapters 388-72A (new), 388-71, and 388-105 WAC Untitled new chapter; Social services for adults; and Medicaid rates for contracted home and community residential care service rates Comprehensive assessment reporting and evaluation (CARE) tool CR-102, CR-103

Developing a new chapter of Title 388 WAC to implement the new home and community services comprehensive assessment tool and rates. Also, related amendments to chapters 388-71 and 388-105 WAC as appropriate. Public hearing scheduled for February 4, 2003.

WAC 388-15-650 through 388-15-662;

Chapter 388-71 WAC

From "Child protective services" to "Social services for adults" Adult day care/adult day health CR-102, CR-103

Moving and revising adult day care/adult day health rules from chapter 388-15 WAC (now Child protective services) to chapter 388-71 WAC, Social services for adults. Public hearings scheduled for February 4, 2003, in Lacey, and February 5, in Spokane.

Chapters 388-71 and 388-515 WAC Social services for adults; Alternate living -- Institutional medical Medically needy (MN) waiver and community options program entry system (COPES) CR-102, CR-103

Adopting rules to establish the medically needy waiver program; amending COPES rules to reflect changes in the program requirements and/or options; and complying with Executive Order 97-02.

WAC 388-71-0400 through 388-71-0480 Social services for adults, home and community programs Home and community programs CR-102, CR-103

To establish and clarify: (1) What constitutes living with other for clients who receive in-home services from Medicaid personal care, COPES or Chore; (2) what services may be authorized when a client lives with another person(s); and (3) the amount of services a person can receive when they live with another person(s).

WAC 388-71-0805, 388-71-0810, 388-71-0815, 388-71-0820, and 388-71-0840 Social services for adults, program for all-inclusive care for the elderly Program for all-inclusive care for the elderly (PACE) CR-102, CR-103

To clarify PACE requirements, additional options under PACE, and make other amendments as necessary.

WAC 388-71-1065

through 388-71-1095

Respite care Family caregiver support program CR-101

Amending the respite care subchapter to include the family caregiver support program per state legislation.

WAC 388-79-010, 388-79-020, 388-79-030, and 388-79-040 Guardianship fees for clients of the department Same CR-102, CR-103

To provide for a total of thirty days for proceedings; prohibit deductions from participation for fees and costs incurred prior to Medicaid eligibility; limit, to the extent possible, the court's ability to advance fees at one accounting and to award higher fees at a later accounting.

Chapters 388-112 and 388-71 WAC Residential long-term care services;

Social services for adults

Same CR-102, CR-103

Amending rules adopted in 2002 to correct typographical errors without changing the effect of the rules.

Residential Care Services Division
WAC 388-76-650, 388-76-655, 388-76-76500 series Adult family homes Same CR-102

To incorporate changes consistent with food worker rules of the Department of Health; address access to liability insurance; and clarify emergency evacuation and safety requirements.

Chapter 388-78A WAC Boarding homes Same CR-102, CR-103

To review and update rules to be consistent with current practices in residential care and to make it more applicable to today's boarding home residents. Current rules will be repealed and replaced with new rules in chapter 388-78A WAC. Public hearing scheduled for March 11, 2003.

Chapter 388-110 WAC Contracted residential care services Same CR-102

To incorporate dementia care pilot project standards into rule for contracting with boarding homes to provide dementia care to department clients, and to make revisions necessary as a result of amendments to chapter 388-78A WAC.

CHILDREN'S ADMINISTRATION
Chapter 388-27 WAC Child welfare services -- Adoption services and adoption support Adoption support eligibility CR-103

Amending adoption support rules to clarify eligibility. Permanent rules adopted and effective January 27, 2003.

WAC 388-32-0020 and 388-32-0030 Child welfare services to prevent out-of-home placement and achieve family reconciliation Family reconciliation services CR-102

Amending rules to implement recent legislation and implement new twenty-four hour intake service.

New chapter 388-140 WAC Licensing standards for group receiving centers Same CR-102

To establish under new rules licensing procedures and standards for group receiving center currently approved under waivers.

New chapter 388-145 WAC Emergency respite centers Licensing standards CR-102, CR-103

New rules written to implement legislation (chapter 230, Laws of 2001). Public hearing scheduled for February 25, 2003.

Chapter 388-148 WAC


Foster homes and

facility licensing requirements

Same CR-102

Workgroup convened to develop amendments and additions to licensing chapter identified as problematic.

New chapter 388-180 WAC Washington school for the deaf Health and safety standards CR-103

Adopting new rules to implement legislation (SHB 2568). Permanent rules filed January 24, 2003.

ECONOMIC SERVICES ADMINISTRATION
Division of Child Care and Early Learning
Chapters 388-150 and

new 388-295 WAC

Minimum licensing requirements for child care centers Same CR-102, CR-103

Revising, repealing and moving the current chapter 388-150 WAC into new chapter 388-295 WAC.

Chapter 388-155 WAC Minimum licensing requirements for family child care homes Same CR-102, CR-103

Revising this chapter to meet the governor's clear rule-writing mandate. Revisions may result in adopting new chapters of Title 388 WAC.

WAC 388-155-070 and 388-155-090 Minimum licensing requirements for family child care homes Application and reapplication for licensure -- Orientation, training, and investigation; and License denial, suspension, or revocation CR-102, CR-103

Revising the rules to require family home providers must have government-issued identification, a valid social security card or individual tax identification to be licensed by the department.

Chapter 388-290 WAC Working connections child care Activity fees, copays and mandatory cooperation CR-102

Changing and clarifying the rules including but not limited to activity fees, change in copayments during the authorization period and mandatory cooperation with quality assurance reviews.

New Chapter 388-292 WAC Seasonal child care program Same CR-102

Moving and adopting new rules on eligibility, parent responsibilities and program guidelines for seasonal child care currently in chapter 388-165 WAC. New rule will be adopted in chapter 388-292 WAC.

Division of Child Support (DCS)
WAC 388-14A-2000, 388-14A-2025, 388-14A-2080, 388-14A-3800, 388-14A-3810, 388-14A-4000, 388-14A-4300, and 388-14A-4304 Division of child support rules Modifying support obligations CR-102

Amending the rules to allow the Division of Child Support (DCS) to modify support obligations when both parties make informal arrangements and are unable to return to court to officially change the support order.

WAC 388-14A-3100, 388-14A-3102, 388-14A-3110, 388-14A-3115, 388-14A-3120, 388-14A-3370, and 388-14A-3810 Division of child support rules Uniform Parentage Act CR-102

Bringing DCS rules into compliance with new legislation (chapter 302, Laws of 2002).

WAC 388-14A-3900 to 388-14A-3925 Division of child support rules Modification of a support order CR-102

Allowing for modification of a support order when it will not change by more than the current standard.

WAC 388-14A-4100, 388-14A-4110, 388-14A-4120, and 388-14A-4130 Division of child support rules Medical child support obligations CR-102

Developing new rules and procedures for enforcing medical child support obligations using the National Medical Support Notice.

New WAC 388-14A-6105, 388-14A-6110, 388-14A-6115, 388-14A-6120, and 388-14A-6125 Division of child support rules Hearing procedures CR-102, CR-103

Clarify hearing, reconsideration and review rights for individuals affected by DCS rules consistent with amendments to chapter 388-02 WAC, DSHS hearing rules.

Division of Employment and Assistance Programs
Chapter 388-408 WAC Assistance units Same CR-102, CR-103

This chapter will be revised to simplify the rules regarding inclusion in the assistance unit.

WAC 388-410-0030 Benefit error How does the department calculate and set up my food assistance overpayment? CR-103

Amending the rule to notify clients when their food assistance overpayment calculation disallows the earned income disregard or unreported income.

WAC 388-414-0001 Categorical eligibility for food assistance Some food assistance units do not have to meet all eligibility requirements CR-102, CR-103

Amendment will reflect changes in WorkFirst support services that impact which clients are categorically eligible for food assistance and do not have to meet certain requirements to get food assistance benefits.

Chapters 388-418, 388-424, 388-444, 388-450, and

388-478 WAC

Change of circumstance;

Citizenship/

alien status;

Food stamp employment and training;

Income; and,

Standards for payments

Eligibility and benefit level CR-102, CR-103

Amending all necessary sections of Title 388 WAC to implement changes that affect client's eligibility and benefit level for food stamps and the state-funded food assistance program for legal immigrants.

WAC 388-424-0020, 388-450-0156, and 388-450-0160 Citizenship, alien status; Income Alien status and requirements for food assistance; Exemptions; Counting sponsor's income CR-102, CR-103

Adopting rules consistent with federal legislation concerning restored benefits to certain legal immigrants.

WAC 388-434-0010, 388-434-0015, 388-434-0020, and 388-434-0025 Eligibility reviews and recertification Food stamp program -- State options CR-103

Amending rules on food assistance to implement changes in federal regulations and exercise state options for the food stamp program.

Chapters 388-440 and 388-426 WAC Exception to rule; Client complaints Same CR-102, CR-103

Clarifying program requirements on exceptions and complaints and to comply with clear writing guidelines of the Governor's Executive Order 97-02.

Chapter 388-444 WAC Food stamp employment and training Same CR-102, CR-103

Simplify and update language so that the rules are easier to read and use.

Chapter 388-448 WAC Incapacity Individual responsibility plan requirements--General assistance CR-102, CR-103

Developing new individual responsibility plan requirements for general assistance recipients enrolled in WorkPlus.

WAC 388-448-0180 Incapacity How and when we redetermine your eligibility if we decide you are eligible for GAX CR-102, CR-103

Amending the rule to make reference to the correct type of hearing. "Administrative hearing" needs to be replaced by "appeals court review."

Chapter 388-450 WAC Income Income budgeting CR-102, CR-103

Revising rules to incorporate federal requirements on income budgeting into the rule.

WAC 388-454-0006 and 388-454-0025 Living with a relative Background checks CR-101

Revising rules on background checks on adults who are acting in loco parentis without court ordered custody.

WAC 388-450-0045 Income How do we count income from employment and training programs? CR-102, CR-103

Updating the rule on how the department treats income from employment and training for cash, food and medical programs.

WAC 388-450-0135 Income Allocating Income of an ineligible spouse to a GA-U client CR-102, CR-103

Simplifying how the department allocates income from an ineligible spouse to a general assistance recipient.

WAC 388-460-0005 Payees on benefit issuances Authorized representative for food assistance benefits CR-102, CR-103

Updating the rule to reflect the department's use of electronic benefit transfer (EBT) for food assistance.

WAC 388-470-0005, 388-470-0012, 388-470-0045, and 388-470-0055 (amend); repealing WAC 388-470-0010, 388-470-0015, 388-470-0030, 388-470-0035, 388-470-0050, and 388-470-0065 Resources Resources the client may own CR-103

Amending the rules to make them easier for department client to understand how resources may affect their eligibility for assistance; repealing rules where the same information may be found in other rules.

WAC 388-484-0005 TANF/SFA five year time limit There is a five year (sixty month) time limit for TANF, SFA and GA-S assistance CR-103

Amending the rule to explain the time limit for cash assistance and how months are counted toward this time limit.

Chapter 388-490 WAC Verification Proof of eligibility CR-102, CR-103

Streamlining the application process by standardizing how the department requests proof of eligibility.

WAC chapter not yet specified Client reporting requirements CR-101, CR-102, CR-103

Implementing quarterly reporting for clients.

WAC chapter not yet specified Overpayments to clients CR-101, CR-102, CR-103

Eliminating overpayments caused by agency error and amend all related rules.

WAC 388-448-0130 General assistance -- Unemployable CR-101, CR-102

Revising rules on services provided through the WorkPlus program to selected GA-U recipients to become employed.

WAC 388-61-001 Family violence amendment -- TANF CR-101, CR-102

Amending rules to align their intent with current practice.

HEALTH AND REHABILITATIVE SERVICES ADMINISTRATION
Division of Alcohol and Substance Abuse
Chapter 388-805 WAC Certification requirements for chemical dependency treatment providers Opiate substitution treatment programs, and certification requirements for service providers CR-102, CR-103

Amending and adopting rules implementing SSB 5417 on certifying opiate substitution treatment programs. Review and revise rules using Governor's criteria for regulatory improvement.

Division of Vocational Rehabilitation
Chapter 388-890, new 388-891 WAC Rehabilitation services for individuals with disabilities Vocational rehabilitation and independent living case services to individuals with disabilities CR-103

Revising rules to comply with changes in federal and state laws, and with requirements of the department. Existing vocational rehabilitation services moved to a new chapter 388-891 WAC. Permanent rules filed December 20, 2002, and effective February 2, 2003.

Chapter 388-891 WAC Rehabilitation services for individuals with disabilities Disability related accommodations in institutions of higher education CR-102

Adopting new rules to comply with changes in federal and state laws, and with requirements of the department.

WAC 490-500-520 (repeal and create new DVR chapter 388-XXX WAC) Purchase of services -- Selection criteria -- Community rehabilitation programs Change standards for community rehabilitation programs. Create standards for assistive technology service providers CR-102

Amending rules to comply with changes in federal and state laws, and with requirements of the department. Subject matter will be adopted as a new chapter of Title 388 WAC.

Chapter 388-XXX WAC, (chapter not determined) Rehabilitation service providers Background checks CR-101

Adopting rules to clarify background check requirements for providers supplying services to vocational rehabilitation clients.

Office of Deaf and Hard of Hearing Services
Chapter 388-818 WAC Deaf and hard of hearing services Same CR-102, CR-103

Implementing chapter 210, Laws of 2001; revising rules to incorporate technology advancements; revising the rules for clarity and to be more easily understood. Public hearing held January 7, 2003.

JUVENILE REHABILITATION ADMINISTRATION
Chapter 388-700 WAC Juvenile rehabilitation administration -- Practices and procedures Background checks CR-101, CR-102, CR-103

Potential revisions due to changes in background check procedures.

Chapter 388-720 WAC Collection of costs of support, treatment, and confinement of juveniles BOA related rules and process improvement review CR-103

Review of chapter for potential process improvements and amending the rule to require administrative law judges to enter final orders on juvenile rehabilitation administration cases determine parent/guardian financial responsibility to pay support, treatment or confinement costs. Permanent rules filed December 10, 2002.

Chapter 388-730 WAC


Placement of juvenile offenders committed to the juvenile rehabilitation administration Residential facilities for minimum security classification youth CR-103

Amending sections in this chapter to reflect changes in available residential facilities for minimum-security classification youth. Permanent rules filed January 15, 2003.

Chapter 388-740 WAC Juvenile parole revocation Parole revocation process CR-101

Potential rule changes for parole and revocation process clarification.

Chapter 388-745 WAC Transfer of juvenile offenders to the Department of Corrections Transfers to DOC CR-101, CR-102, CR-103

Potential revisions due to changes in transfer procedures.

Chapter 388-750 WAC Impact account -- Criminal justice cost reimbursement Reimbursement rates and procedures for criminal justice impact CR-101

Potential rule changes to clarify reimbursement rates.

MEDICAL ASSISTANCE ADMINISTRATION
WAC 388-416-0035, 388-478-0085, 388-517-0300 Certification periods;

Standards for payments; Medicare-related eligibility

Medicare cost sharing; Medicare savings programs CR-102, CR-103

Amending the rules concerning elimination of the QI-1 and QI-2 programs. No federal legislation to extend the programs.

WAC 388-475-1250 Healthcare for workers with disabilities program Premium payments CR-102

Amending the rule to comply with federal requirements regarding premium amounts to insure federal financial participation and to reflect policy contained in the Medicaid state plan.

WAC 388-500-0005

Medical definitions Same CR-103

Updating the general definitions used throughout MAA rules. Public hearing held January 7, 2003.

WAC 388-500-0005 and 388-501-0165 Medical definitions; and Administration of medical programs -- General "Medically necessary" definition CR-102, CR-103

Amending the definition of "medically necessary" to incorporate the use of medical information that is supported by scientific evidence in its determination of services. Amending WAC 388-501-0165 to be consistent with the medically necessary definition.

WAC 388-501-0135 Administration of medical programs Patients requiring regulation CR-102, CR-103

Amending policy to improve medical supervision of patients who inappropriately overuse medical and pharmaceutical services.

WAC 388-502-0220, 388-502-0230, and 388-502-0260 Administration of medical programs -- Providers Vendor dispute resolution CR-102, CR-103

Updating vendor dispute resolution process.

WAC 388-513-1350 and 388-513-1380 Client not in own home -- Institutional medical Maximum resources allowed and client participation for long-term care services CR-102, CR-103

Amending the rules to increase the community spouse standards for long-term care program to be consistent with federal standards effective January 1, 2003.

WAC 388-513-1364, 388-561-0100 [388-513-0100] and 388-561-0100 Client not in own home -- Institutional medical; and Trust, annuities and life estates Evaluating the transfer of an asset made on or after March 1, 2003, for long-term care services; and

Trusts

CR-103

Amending the rule to change the way the department determines a client's penalty period for transferring assets without adequate consideration. Amending the rules to clarify lifetime care contracts and sole benefit trusts as they relate to long-term care services financial eligibility.

WAC 388-513-1365 Client not in own home -- Institutional medical Evaluating the transfer of an asset made on or after March 1, 1997, for long-term care services CR-102, CR-103

Amending rule to add closure date to time period to which this rule applies, in light of new asset transfer rule (WAC 388-513-1364) being adopted.

WAC 388-515-1530 Coordinated community AIDS alternative program (CASA) Same CR-105, CR-103

Expedited repeal of this rule is proposed because more appropriate chronic care services are now provided under COPES. The CASA waiver is no longer used.

WAC 388-527-2700 Estate recovery Same CR-102

Implementing changes from new federal guidelines and chapter 7, Laws of 2001, for estate recovery.

WAC 388-530-1270 Pharmacy services Prescription drug mail order program CR-103

Implementing legislative directives to provide a mail-order pharmacy option.

WAC 388-531-0050 Physician-related services Same CR-103

Correcting obsolete WAC cross-references.

WAC 388-533-1000 Maternity-related services First steps childcare program CR-102, CR-103

Revisions to clarify and update language pertaining to background check requirements, and to mirror background check requirements of other agencies.

Chapter 388-536 WAC Federally qualified health centers and rural health centers Same CR-102

New WAC chapter will comply with federal financial changes, section 702 of BIPA 2000, and legislative directive to implement prospective payment system.

WAC 388-540-101

Kidney centers Freestanding kidney centers CR-102, CR-103

Implementing new payment methods and limits.

WAC 388-543-1100 Durable medical equipment provider requirements Scope of coverage and coverage limitations CR-105, CR-103

Correcting an erroneous cross-reference in subsection (3).

WAC 388-543-1225 (new) Durable medical equipment provider requirements Add section on provider requirements for proof of delivery CR-103

Establishing specific documentation requirements for providers of durable medical equipment.

WAC 388-550-1900 Hospital services Interns, residents, teaching physicians and physician preceptorships CR-102

Amending rules to be consistent with industry standards; to establish MAA standards for supervising interns and residents in nonhospital settings; and expanding definition of "under primary care exception."

WAC 388-550-2501, 388-550-2511, 388-550-2521, 388-550-2531, 388-550-2541, 388-550-2551, 388-550-2561, 388-550-3381, and 388-550-3401 Hospital services Acute physical medication and rehabilitation program CR-103

Incorporates language from contract into WAC and eliminating contract; clarifies and updates program policy.

WAC 388-551-1000, 388-551-1010, 388-551-1200, 388-551-1210, 388-551-1300, 388-551-1310, 388-551-1315, 388-551-1320, 388-551-1330, 388-551-1340, 388-551-1350, 388-551-1360, 388-551-1400, 388-551-1410, 388-551-1500, 388-551-1510, 388-551-1520, and 388-551-1530 Alternatives to hospital services Hospice care program CR-102

Incorporating language from current agreements with hospice care centers into rule, and to update and clarify language.

Chapter 388-555 WAC

Interpreter services Same CR-102, CR-103

Changing how interpreter services are purchased and delivered. Implements legislative directive in SB 6832.

Chapter 388-556 WAC Medical care -- Other services provided Disease management (new) CR-102

Establishing a new supplemental service for individuals who are not institutionalized, not enrolled in managed care, and who suffer from certain diseases.

MANAGEMENT SERVICES ADMINISTRATION
WAC 388-02-0215 DSHS hearing rules Same CR-102, CR-103

Clarifying cases where a department board of appeals may review an initial hearing decision by an administrative law judge.

Chapter 388-06 WAC Background checks Same CR-101

Revising background check rules to incorporate additional DSHS programs.

DSHS HEADQUARTERS
Chapter 388-01 WAC DSHS organization/disclosure of public records Same CR-102

Updating and clarifying rules to reflect changes and improvements in procedures for responding to requests for disclosure of public records.


Explanation of terms as used in these tables:

"CR-101" is a Preproposal Statement of Inquiry, filed per RCW 34.05.310. A CR-101 is a preliminary notice to the public that the agency is in the planning stages to adopt, amend or repeal rules on a particular subject, and the laws authorizing the agency's action. The notice also lets the public know how to participate in the development of the agency rule, and identifies the agency's contact person.

"CR-102" is a Proposed Rule-Making notice, filed per RCW 34.05.320. A CR-102 is an announcement that includes: (1) A general description of the rules that the agency proposes to adopt, amend or repeal; (2) the laws authorizing the agency action; (3) the complete text of proposed rules; (4) if applicable, a small business economic impact statement; and (5) agency staff whom the public may contact about the rules. A CR-102 notice also includes the date and location of a public hearing to take formal comments about the proposed rules, the deadline for written comments, and where written comments may be sent. Except for expedited rules, an agency must file a CR-102, invite public comments and conduct a public hearing before adopting proposed rules as permanent.

"CR-103" is a Rule-Making Order, filed per RCW 34.05.360 and 34.05.380. A CR-103 is the official action and notice that an agency is adopting new, amended or repealed rules. A CR-103 includes the purpose of the rule-making order, the laws authorizing the agency's action, the date the permanent rules will take effect, and the complete text of the rules being adopted or the citation and caption of rules being repealed. Agencies also may use a CR-103 notice to adopt temporary emergency rules. Emergency rules may not become permanent unless the agency files a CR-102 notice, invites public comment on the proposed rules, conducts a public hearing, and complies with other applicable rule-making statutes.

"CR-105" is an Expedited Rule-Making notice, filed per RCW 34.05.353. Agencies may use this process to notify the public that it intends to adopt, amend or repeal limited types of rules without accepting public comment or conducting a public hearing. A CR-105 notice contains a description of the rule, the laws authorizing the agency's action, and the complete text of the rule being adopted or amended, or the citation and caption of rules being repealed. Within forty-five days after the CR-105 is published in the State Register, anyone may file a written objection to the agency using the expedited rule-making process to adopt the rule. If a written objection is received, the agency must file a CR-102 notice, invite public comments and hold a public hearing on the proposed rule before adopting it as permanent. If no objection is received by the deadline, the agency may adopt the rule by filing a CR-103 Rule-Making Order.

All rule-making notices and orders are filed with the state Office of the Code Reviser for legal publication in the Washington State Register. Interested parties may receive copies of DSHS rule-making notices postal or e-mail by contacting Fred Swenson the DSHS Rules and Policies Assistance Unit, at (360) 664-6097, or at SwensFH@dshs.wa.gov. This document is also available electronically, by contacting Andy Fernando, DSHS Rules Coordinator, by e-mail at FernaAX@dshs.wa.gov.

Andy Fernando

DSHS Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office