WSR 07-16-118

PROPOSED RULES

DEPARTMENT OF CORRECTIONS


[ Filed July 31, 2007, 12:56 p.m. ]

Original Notice.

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

Secretary

OTS-9594.2


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 ((the office of correctional operations)) prisons division or his/her designee.

(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.]


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-78-030   Application process.   Employees who meet the requirements of WAC 137-78-020 and elect to apply for assault benefits shall submit a signed application for assault benefits and a properly completed report of personal injury form (DOC ((3-133)) 03-133), together with the certificate of the doctor that attended him or her, to his or her locally designated representative or human resource office within ten working days of the occurrence of the assault or, if the application could not be reasonably submitted within that period, within ten working days of the time when application could reasonably have been made. Applications shall be reviewed through the employee's chain of command. The deputy secretary or head of the employee's chain of command shall forward the application, with appropriate recommendations, to the ((safety and)) risk management ((section)) department. The risk management administrator((, safety and risk management)) shall grant or deny the request for assault benefits within ten working days after written notification from the employee or the department of labor and industries that the employee's application for compensation under Title 51 RCW has been approved, but may extend that time to gather additional information.

[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.]


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-78-060   Denial of application for assault benefits.   If the employee's request for assault benefits is denied by the ((safety and)) risk management administrator, the employee may, within ten working days from the date of denial, file a petition with ((the office of)) administrative services division (((OAS)) ASD) deputy secretary for reconsideration, stating the specific grounds upon which the application should be granted. The ((OAS)) ASD deputy secretary shall respond within twenty working days from the date the petition was received; provided that the time may be extended to gather additional information.

[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.]


AMENDATORY SECTION(Amending WSR 03-21-088, filed 10/17/03, effective 11/17/03)

WAC 137-78-070   Appeal from denial of assault benefits/overpayments.   (1) If the employee's petition for assault benefits to the ((office of)) administrative services division deputy secretary is denied, the employee may appeal that decision to the secretary ((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 denial of assault benefits.

(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.]

Washington State Code Reviser's Office