WSR 07-23-053

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed November 15, 2007, 3:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-17-113.

Title of Rule and Other Identifying Information: The department is repealing all sections in chapter 388-853 WAC, Costs of care of mentally deficient persons residing in state institutions: WAC 388-853-010 Authority, 388-853-030 Schedule of per capita cost, 388-853-035 Exempt income, and 388-853-080 Notice and finding of responsibility -- Appeal procedure.

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 December 27, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than December 28, 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 DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on December 27, 2007.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by December 18, 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 department is repealing all sections in chapter 388-853 WAC, Costs of care of mentally deficient persons residing in state institutions:

WAC 388-853-010 Authority, replaced by WAC 388-835-0005.

WAC 388-853-030 Schedule of per capita cost, replaced by chapter 388-835 WAC.

WAC 388-853-035 Exempt income, replaced by WAC 388-835-0935.

WAC 388-853-080 Notice and finding of responsibility -- Appeal procedure, replaced by WAC 388-835-0940, 388-835-0945, 388-835-0950, and 388-835-0955.

Reasons Supporting Proposal: All sections in chapter 388-853 WAC, Costs of care of mentally deficient persons residing in state institutions, have been replaced by other rules.

Statutory Authority for Adoption: RCW 71A.12.030.

Statute Being Implemented: Title 71A 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: Steve Brink, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail brinksc@dshs.wa.gov, (360) 725-3416, fax (360) 404-0955; Implementation and Enforcement: Doug Washburn, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail washbdc@dshs.wa.gov, (360) 725-3452, fax (360) 404-0955.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. These rules do not require a cost-benefit analysis as they are not "significant legislative rules" as defined in RCW 34.05.328 [(5)](c)(iii).

November 8, 2007

Stephanie E. Schiller

Rules Coordinator

3929.1
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-853-010 Authority.
WAC 388-853-030 Schedule of per capita cost.
WAC 388-853-035 Exempt income.
WAC 388-853-080 Notice and finding of responsibility -- Appeal procedure.

Washington State Code Reviser's Office