WSR 08-22-051

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Management Services Administration)

[ Filed November 3, 2008, 12:23 p.m. ]

Subject of Possible Rule Making: The department is amending chapter 388-02 WAC, DSHS hearing rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.020, 34.05.220.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to chapter 388-02 WAC are needed in order to make rules consistent with case law, facilitate timely processing of administrative hearings, promote consistency in administrative hearing decisions, and clarify rules.

Rule making may change and clarify the authority of administrative law judges and review judges, identify applicable rules and laws for administrative hearings, improve the clarity and consistency of rules, change deadlines and timeframes in administrative hearings, and promote timely resolution of disputes.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DSHS will request comments on draft rules from the office of administrative hearings (OAH).

Process for Developing New Rule: DSHS invites the interested public to review and provide input on draft rule language. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Brian Lindgren, Manager, DSHS Board of Appeals, P.O. Box 45803, Olympia, WA 98504-5803, phone (360) 664-6093, fax (360) 664-6187, e-mail lindgbh@dshs.wa.gov.

October 29, 2008

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office