WSR 05-13-126

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 20, 2005, 4:22 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Chapter 388-76 WAC, Adult family homes minimum licensing requirements; amending WAC 388-76-540 Definitions, 388-76-560 License eligibility, 388-76-575 Licensing of state employees, 388-76-585 Change of provider or provider address, 388-76-595 Inspections and ombudsman visits, 388-76-655 General management and administration, 388-76-858 Criminal history disclosure and background inquiries and 388-76-715 Dispute resolution; and repealing WAC 388-76-59020 What definitions apply to adult family home designations?, 388-76-64005 Definitions, 388-76-9970, 388-76-9972, 388-76-9974, 388-76-9976, 388-76-9978 and 388-76-9980, relating to the moratorium.

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on August 9, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 10, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 9, 2005.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by August 5, 2005, TTY (360) 664-6178 or phone (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to correct name and address changes, correct outdated rule and statute references, consolidate all definitions into one section and repeal obsolete sections.

The proposal also amends the existing adult family home licensing rule to be consistent with currently adopted statutes in chapter 70.128 RCW and recent amendments to this statute (HB 2444 - chapter 223, Laws of 2002; and SB 5733 - chapter 140, Laws of 2004) and other rules, and consolidates information for ease of reading.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 70.128.040.

Statute Being Implemented: Chapter 70.128 RCW, Adult family homes; chapter 223, Laws of 2002; chapter 140, Laws of 2004.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: A CR-101 preproposal notice was not filed and is not required for rules incorporating language from state statutes without material change, or correcting or clarifying rules without changing the effect, see RCW 34.05.310 (4)(c) and (d).

Name of Proponent: Department of Social and Health Services, governmental.

Name of Agency Personnel Responsible for Drafting: Roger A. Woodside, 4500 10th Avenue S.E., Lacey, WA, (360) 725-3204; Implementation and Enforcement: Pat Bossert, 4500 10th Avenue S.E., Lacey, WA, (360) 725-2404.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 34.05.310 (4)(c) and (d) exempts this rule from the requirement of a small business economic impact statement as the rule ... adopts and incorporates by reference without material change ... Washington state statutes, rules of other Washington state agencies ... and the material adopted and incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and ... makes address or name changes, or clarify language of a rule without changing its effect.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) and (iv) exempts this rule from the requirement of a cost-benefit analysis as the rule ... adopts and incorporates by reference without material change ... Washington state statutes, and rules of other Washington state agencies ... and the material adopted and incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and the rule ... makes address or name changes, or clarify language of a rule without changing its effect.

June 13, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 05-14 issue of the Register.

Washington State Code Reviser's Office