WSR 08-16-122

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed August 5, 2008, 4:07 p.m. , effective September 5, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending these rules to clarify who will be notified of decisions made by the division of developmental disabilities (DDD) and to specify that both notices and correspondence will be sent to the appropriate parties.

Citation of Existing Rules Affected by this Order: Amending WAC 388-825-100, 388-825-101, and 388-825-102.

Statutory Authority for Adoption: RCW 71.10.060, 71A.12.030.

Other Authority: Title 71A RCW.

Adopted under notice filed as WSR 08-13-077 on June 16, 2008.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-825-100 (3)(b) has been modified to indicate that a relative may receive notices even if that relative is an employee of DDD, a contractor with DDD or an employee of a contractor with DDD. Subsection (3)(b) now reads:

"A person identified by you to receive these notices in addition to yourself if you do not have a guardian or legal representative. Unless the person identified by you is a relative of yours, he or she cannot be an employee of DDD, a contractor with DDD or an employee of a contractor with DDD."

The changes were made because many relatives of persons with developmental disabilities also provide services to the person. The exclusion of relatives to receive notices was an oversight and has been corrected.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: July 23, 2008.

Katherine Iyall Vasquez, Manager

Rules and Policies Assistance Unit

3962.5
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. Unless the person identified by you is a relative of yours, he or she 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