WSR 03-21-149

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Management Services Administration)

[ Filed October 22, 2003, 8:13 a.m. ]

Subject of Possible Rule Making: Chapter 388-02 WAC, DSHS hearing rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department plans to add or change rules to clarify chapter 388-02 WAC and to clarify or modify the right to review by the DSHS Board of Appeals of interim and initial orders entered by Office of Administrative Hearings, including but not limited to the addition of review of the following types of cases: Findings of abuse, neglect or exploitation of vulnerable adults and placement of perpetrators' names on a statewide adult protective services registry; eligibility, denial or termination of Division of Developmental Disabilities - state supplemental payments; and other cases as appropriate. Changes in rules are needed to clarify and simplify the rules, to make rules consistent with statutes and court decisions, to protect the health and safety of the public and DSHS clients, and to provide due process. Other changes will update WAC and RCW references.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Office of Administrative Hearings, coordination occurs through meetings and training, as appropriate.

Process for Developing New Rule: At a later date, the department will file proposed rules and a proposed rule-making notice for publication in the state register, invite public comments and hold a public hearing. The proposal will be sent to everyone on the mailing list to receive rule-making notices on this subject, and to anyone who requests the proposal. If you want to make comments about the subject of these rules, want to be added to the mailing list, or want information about the development of these rules and the availability of draft rules for review and comment, please contact the person listed below.

This notice and all DSHS rule-making notices, proposed rules and adopted rules are available on the internet at http://www1.dshs.wa.gov/msa/rpau/.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Brian H. Lindgren, Manager, P.O. Box 45850, Olympia, WA 98504-5850, phone (360) 664-6093, fax (360) 664-6185, e-mail SwensFH@dshs.wa.gov.

October 20, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office