WSR 09-12-127

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed June 3, 2009, 11:30 a.m. ]

Subject of Possible Rule Making: Chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035, 51.04.020, and 51.18.010.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering rules relating to how occupational disease claim costs are used in the calculation of retrospective rating refunds. The rules will include how the department calculates the performance adjustment factor (PAF), which is used to compare the relative performance between retro and nonretro employers.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local, or federal agency regulates this subject.

Process for Developing New Rule: Letters will be sent to all current retrospective rating participants. In addition, labor and industries will work with the workers' compensation advisory committee (WCAC), retrospective rating advisory committee, and retrospective rating proviso study group as changes are developed. The public can participate in these discussions by attending meetings of any of these groups. Meeting schedules are found at www.lni.wa.gov/ClaimsIns/Insurance/Learn/Wcac/WcacMtgMin/Default.asp, for the WCAC, or www.lni.wa.gov/ClaimsIns/Insurance/Reduce/Qualify/AdvComm/default.asp for the retrospective rating advisory committee. Information will also be shared through the retrospective rating program list serve. Interested parties may register at http://www.lni.wa.gov/Main/Listservs/ClaimsIns/Retro.asp.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department will be holding public hearing(s) on this rule making and inquiries can be directed to Diane Doherty, P.O. Box 44180, Olympia, WA 98504-4180, phone (360) 902-4835, fax (360) 902-4258, e-mail dohr235@lni.wa.gov.

June 3, 2009

Judy Schurke

Director

Washington State Code Reviser's Office