WSR 07-14-082

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 29, 2007, 1:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-09-084.

Title of Rule and Other Identifying Information: Chapter 388-76 WAC, Adult family homes minimum licensing requirements.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on September 4, 2007, at 10:00 a.m.; and at the Division of Developmental Disabilities, Region 1 Headquarters, 1611 West Indiana Avenue, Spokane, WA 99205-4221, on September 6, 2007, at 10:00 a.m.

Date of Intended Adoption: Not before September 7, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on September 6, 2007.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by August 28, 2007,

TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rules are to:

(1) Comply with the governor's executive order 05-03 plain talk;

(2) Simplify language, eliminate the question and answer format, reorganize and renumber the chapter so that the requirements are clearer for adult family home providers to understand;

(3) Clarify issues that have been brought to the attention of the department; and

(4) Update rules to comply with statute changes.

Reasons Supporting Proposal: These changes make the rule:

(1) Easier to read and understand and enforce;

(2) Easier to find information by changing the format;

(3) Easier to comply with by clarifying issues that have been brought to the attention of the department; and

(4) Up-to-date with statute changes.

Statutory Authority for Adoption: RCW 70.128.040.

Statute Being Implemented: Chapters 70.128 and 74.34 RCW.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Roger Woodside, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, (360) 725-3204; Implementation and Enforcement: Pat Bossert, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, (360) 725-2404.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCS analyzed the proposed rule amendments and concludes that costs to small businesses will be minor, if there are any costs at all. The primary purpose of the proposed amendments are to clarify preexisting requirements and to update existing rules to conform to changes in procedures, Washington state statutes, or rules of other Washington state agencies. As a result, the preparation of a small business economic impact statement is not required. A copy of the statement may be obtained by contacting Roger Woodside, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, e-mail WoodsR@dshs.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Roger Woodside, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, phone (360) 725-3204, fax (360) 438-7903, e-mail WoodsR@dshs.wa.gov.

June 22, 2007

Stephanie E. Schiller

Rules Coordinator

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 07-16 issue of the Register.

Washington State Code Reviser's Office