WSR 08-13-077

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed June 16, 2008, 12:45 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-09-107.

Title of Rule and Other Identifying Information: The department is amending WAC 388-825-100 How will I be notified of decisions made by DDD?, 388-825-101 Why does DDD need to send my notices and correspondence to someone else?, and 388-825-102 What if I do not want my DDD notices and correspondence sent to anyone else?

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, behind Goodyear Courtesy Tire.) A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on July 22, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than July 23, 2008.

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 RPAUDSHSRulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on July 22, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 15, 2008, 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 amending these rules to clarify who will be notified of decisions made by the division of developmental disabilities and to specify that both notices and correspondence will be sent to the appropriate parties.

Reasons Supporting Proposal: These amendments are necessary to clarify that the division will send both notices and written correspondence to the appropriate parties and define more clearly, who these affected parties may be.

Statutory Authority for Adoption: RCW 71.10.060, 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: Shannon Manion, 640 Woodland Square Loop S.E., Lacey, WA 98503-1045, P.O. Box 45310, Olympia, WA 98507-5310, e-mail maniosk@dshs.wa.gov, (360) 725-3454, fax (360) 404-0955.

No small business economic impact statement has been prepared under chapter 19.85 RCW. DDD has examined the rules and has determined that these amendments do not affect small businesses or small nonprofits.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are not considered significant rules as defined in RCW 34.05.328 (5)(c)(iii).

June 12, 2008

Stephanie E. Schiller

Rules Coordinator

3962.4
AMENDATORY SECTION(Amending WSR 04-15-093, filed 7/16/04, effective 8/16/04)

WAC 388-825-100   How will I be notified of ((department)) decisions made by DDD?   (1) Whenever possible, DDD will notify all parties affected by the decision by phone or in person.

(2) If you are under the age of eighteen, written notifications will be mailed to:

(a) You; and ((at least one other person in the following priority:

(a))) (b) Your parent ((if you are under the age of eighteen)); or

(((b))) (c) Your guardian or other legal representative((;

(c) Other relatives;

(d) An advocacy agency such as Washington Protection and Advocacy System;

(e) A person who is not an employee of the department or to a person who contracts with the department)).

(3) If you are ((an adult and do not have a legal guardian, the department will ask you to identify someone else)) age eighteen or older, written notifications will be mailed to you and:

(a) Your guardian or other legal representative; or

(b) A person identified by you to receive these notices in addition to yourself if you do not have a guardian or legal representative. The person identified by you cannot be an employee of DDD, a contractor with DDD or an employee of a contractor with DDD.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. 04-15-093, 388-825-100, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, 388-825-100, filed 12/29/03, effective 1/29/04. Statutory Authority: RCW 71A.16.010, 71A.16.030, 71A.12.030, chapter 71A.20 RCW, RCW 72.01.090, and 72.33.125. 02-16-014, 388-825-100, filed 7/25/02, effective 8/25/02. 99-19-104, recodified as 388-825-100, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.12.030, 71A.12.040 and Title 71A RCW. 97-13-051, 275-27-400, filed 6/13/97, effective 7/14/97. Statutory Authority: RCW 71.20.070. 88-05-004 (Order 2596), 275-27-400, filed 2/5/88; 86-18-049 (Order 2418), 275-27-400, filed 8/29/86; 84-15-058 (Order 2124), 275-27-400, filed 7/18/84. Statutory Authority: RCW 72.01.090, 72.33.040, 72.33.125 and 72.33.165. 78-04-033 (Order 1280), 275-27-400, filed 3/16/78; Order 1143, 275-27-400, filed 8/11/76.]


AMENDATORY SECTION(Amending WSR 04-15-093, filed 7/16/04, effective 8/16/04)

WAC 388-825-101   Why does ((the department)) DDD need to send my notices and correspondence to someone else?   ((The department)) DDD sends your notices and correspondence to someone else((, if needed,)) to ((have others)) assist you to understand the information and your appeal rights to department decisions.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. 04-15-093, 388-825-101, filed 7/16/04, effective 8/16/04.]


AMENDATORY SECTION(Amending WSR 04-15-093, filed 7/16/04, effective 8/16/04)

WAC 388-825-102   What if I do not want my DDD notices and correspondence sent to anyone else?   (1) If you are ((an adult)) age eighteen or older and do not have a legal guardian, you may request in writing that your DDD notices and correspondence be given only to you.

(2) ((The department)) DDD will review your request and comply with your request unless it determines there to be a risk of your losing rights.

(3) You ((will be given)) have the right to appeal ((rights to)) a denial of this request.

[Statutory Authority: RCW 71A.12.030, 71A.10.020, and 71A.16.040. 04-15-093, 388-825-102, filed 7/16/04, effective 8/16/04.]

Washington State Code Reviser's Office