Preproposal statement of inquiry was filed as WSR 07-04-016.
Title of Rule and Other Identifying Information: Chapter 137-78 WAC, Employee assault benefits.
Hearing Location(s): Department of Corrections, 7345 Linderson Way S.W., Adams Conference Room, #3023, Tumwater, WA 98504, on September 4, 2007, at 1:30 p.m.
Date of Intended Adoption: September 5, 2007.
Submit Written Comments to: John R. Nispel, P.O. Box 41114, Olympia, WA 98504-1114, e-mail JRNISPEL@DOC1.WA.GOV, fax (360) 664-2009, by September 3, 2007.
Assistance for Persons with Disabilities: Contact Kim French by September 3, 2007, (360) 725-8367.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these amendments are to update the WAC to reflect current department structure and make clear the procedure for approval of assault benefits.
Reasons Supporting Proposal: The WAC should accurately reflect the organizational structure of the department.
Statutory Authority for Adoption: RCW 72.01.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of corrections, administrative services division, governmental.
Name of Agency Personnel Responsible for Drafting: John R. Nispel, P.O. Box 41114, Olympia, WA 98504-1114, (360) 725-8365; and Implementation: Kathy Gastreich, P.O. Box 41103, Olympia, WA 98504-1103, (360) 725-8587.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This WAC has no impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party.
July 31, 2007
H. W. Clarke
AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)
WAC 137-78-010 Definitions. For the purposes of this chapter the following words shall have the following meanings:
(1) "Assault" means an intentional touching, striking, cutting, or shooting of a person or the body of another.
(2) "Assault benefits" means reimbursement to employees of some of their costs attributable to being the victim of an offender assault.
(3) "Administrator, ((
safety and)) risk management" means
the individual who is appointed by the secretary to head the
safety and risk management section or his/her designee.
(4) "Department" means the department of corrections.
(5) "Employee" means any individual who is appointed by the secretary, and who serves under the supervision and authority of the department. The term "employee" shall not include an individual performing personal services under contract or offenders.
(6) "Deputy secretary" is the deputy secretary for ((
office of correctional operations)) prisons division or
(7) "Doctor" means a person licensed to practice one or more of the following professions: Medicine and surgery; osteopathic; chiropractic; drugless therapeutics; podiatry; dentistry; optometry.
(8) "Offender" means any person in the custody of or subject to the jurisdiction of the department of corrections.
(9) "Secretary" means the secretary of the department of corrections or the secretary's designee.
[Statutory Authority: RCW 72.01.090. 03-21-088, § 137-78-010, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.13.170. 89-15-059 (Order 89-05), § 137-78-010, filed 7/19/89, effective 8/19/89.]
[Statutory Authority: RCW 72.01.090. 03-21-088, § 137-78-030, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.13.170. 89-15-059 (Order 89-05), § 137-78-030, filed 7/19/89, effective 8/19/89.]
[Statutory Authority: RCW 72.01.090. 03-21-088, § 137-78-060, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.13.170. 89-15-059 (Order 89-05), § 137-78-060, filed 7/19/89, effective 8/19/89.]
(2) If a dispute exists between the employee and
department concerning the amount of any overpayment to be
repaid the department, the employee may request a hearing in
accordance with chapter 34.05 RCW and this section. The
employee shall file a written petition with the Office of the
Secretary at ((
410 W. 5th)) 7345 Linderson Way, Tumwater,
Washington 98501, P.O. Box 41101, Olympia, Washington
98504-1101, within thirty days after the dispute arises.
[Statutory Authority: RCW 72.01.090. 03-21-088, § 137-78-070, filed 10/17/03, effective 11/17/03. Statutory Authority: RCW 72.13.170. 89-15-059 (Order 89-05), § 137-78-070, filed 7/19/89, effective 8/19/89.]