WSR 07-18-094

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 5, 2007, 11:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-07-132.

Title of Rule and Other Identifying Information: The department is creating and repealing sections in chapter 388-101 WAC, Certified community residential services and support.

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) 664-6094), on November 6, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than November 7, 2007.

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

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by October 30, 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 this proposed rule making is 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 certified community residential service providers to understand;

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

(4) Update rules to comply with statute changes; and

(5) Repeal all sections in current chapter 388-101 WAC and create sections as described in (2) above without making substantive changes to current requirements.

Reasons Supporting Proposal: To 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: Chapters 71A.12 and 74.34 RCW.

Statute Being Implemented: Chapters 71A.12 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: John Gaskell, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, (360) 725-3210; Implementation and Enforcement: Joyce Stockwell, Director, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, (360) 725-2401.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Residential care services analyzed the proposed rule amendments and concludes that costs to small businesses will be minor, if there are any costs at all. The primary purposes 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 cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting John Gaskell, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, phone (360) 725-3210, fax (360) 438-7903, e-mail gaskejw@dshs.wa.gov.

August 28, 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 07-20 issue of the Register.

Washington State Code Reviser's Office