WSR 03-24-101

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Rehabilitation Services Administration)

[ Filed December 3, 2003, 10:12 a.m. ]

     Subject of Possible Rule Making: Background checks for Division of Vocational Rehabilitation (DVR) service providers who have unsupervised access to DVR clients.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.20A.310 Vocational rehabilitation, powers and duties of secretary or designee, 43.43.830 Background checks -- Access to children or vulnerable persons -- Definitions, 74.29.080(3) Rehabilitation and job support services -- Procedure -- Register of eligible individuals and organizations, 74.29.020(8) Powers and duties of state agency.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DVR needs to adopt new rules to comply with chapter 43.20A RCW regarding background checks for service providers who have unsupervised access to DVR clients.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies:

•     Washington State Department of Services for the Blind (DSB)

•     Office of Superintendent of Public Instruction (OSPI)

•     Washington State Patrol (WSP)

•     Other administrations within DSHS

     Consultation, review and comment will be used for coordinating the rule-making process.

     Process for Developing New Rule: Contact one of the staff persons listed below if you are interested in reviewing and commenting on drafts. DVR will route copies of drafts for informal review and comment to those who indicate an interest. Changes may be made to drafts based on the comments. The formal comment period begins when DVR files proposed rules and a notice of proposed rule making at the Office of the Code Reviser. DVR then sends a copy of the proposed rules for formal review and comment to everyone who participated in the informal comment period, everyone on the DVR mailing list and anyone requesting a copy. You may then send written comments and/or attend a formal hearing to give comments in person. After the hearing, DVR reviews the comments received, makes revisions if appropriate, and files the final rule for adoption.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Susan Hartman, Program Manager, (360) 438-8044, e-mail hartmse@dshs.wa.gov or Phyllis Hansen, Program Administrator, (360) 438-8047 (V/TTY), e-mail hansepa@dshs.wa.gov; Division of Vocational Rehabilitation, P.O. Box 45340, 1-800-637-5627 (V/TTY), fax (360) 407-3948.

November 25, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

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