PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Management Services Administration)
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: DSHS plans to amend WAC 388-02-0215 and other rules in chapter 388-02 WAC in order to:
• Correct obsolete cross references to other rules in WAC 388-02-0215(4) and reduce the need for future corrections by simplifying the list of cases where the parties may request review of an initial order by a review judge; and
• Clarify, correct, update, and/or make other changes to chapter 388-02 WAC as appropriate in order to improve efficiency, increase consistency, and ensure due process in DSHS hearings and the review process.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department will request comments on draft rules from the Office of Administrative Hearings (OAH).
Process for Developing New Rule: DSHS welcomes public comment on draft rules. To receive draft rules for comment, contact the person listed below (e-mail preferred). At a later date, proposed rules will be filed with the Office of the Code Reviser and the proposed rules will be sent to persons and organizations that have requested to receive rule-making notices on this subject.
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, Administrator, DSHS Board of Appeals, P.O. Box 45803, Olympia, WA 98504-5803, phone (360) 664-6093, e-mail lindgbh@dshs.wa.gov.
February 28, 2005
Andy Fernando, Manager
Rules and Policies Assistance Unit