WSR 10-21-054

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 14, 2010, 12:53 p.m. ]

Continuance of WSR 10-16-140.

Preproposal statement of inquiry was filed as WSR 10-07-127.

Title of Rule and Other Identifying Information: Chapter 296-17 WAC, Rates and rating system for Washington workers' compensation insurance; and chapter 296-17B WAC, Retrospective rating for workers' compensation insurance.

Hearing Location(s): CenterPlace Regional Event Center, 2426 North Discovery Place, Spokane Valley, WA 99216, on September 30, 2010, at 3:00 p.m.; and at the Department of Labor and Industries, Room S118, 7273 Linderson Way S.W., Tumwater, WA 98501, on October 4, 2010, at 10:00 a.m.

Date of Intended Adoption: October 18, 2010.

Submit Written Comments to: Diane Doherty, P.O. Box 44180, Olympia, WA 98504, e-mail Dohr235@lni.wa.gov, fax (360) 902-4258, by 5:00, October 5, 2010.

Assistance for Persons with Disabilities: Contact Diane Doherty at (360) 902-4835 or office of information and assistance, TTY (360) 902-5797, by September 28, 2010.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to add two additional public hearings, extending the public comment period from September 3, 2010, to October 5, 2010. The department wanted to give stakeholders additional time to offer input regarding the proposed rules.

The extension and the additional hearing times and locations were announced at the hearings, which were listed in the original CR-102 proposal. The extension and the additional hearing times and locations were also sent to current retro participants via letter, as well as to the retrospective rating program listserv and the L&I rules listserv of interested parties.

Reasons Supporting Proposal: This rule making will be a significant change to the retrospective rating program. The transition will require extended communications. It is important the department and stakeholders have ample opportunity to exchange information.

Statutory Authority for Adoption: RCW 51.18.010(2), 51.04.020.

Statute Being Implemented: RCW 51.18.010, 51.04.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Diane Doherty, Tumwater, Washington, (360) 902-4835; and Enforcement: Robert Malooly, Tumwater, Washington, (360) 902-4209.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.025(3) does not apply to a rule described in RCW 34.05.310(4), and that subsection exempts rules that "set or adjust fees pursuant to legislative standards." These proposed rules clarify one part of the process for calculating retrospective rating premiums.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 exempts from its requirements rules "that set or adjust fees pursuant to legislative standards." These proposed rules clarify one part of the process for calculating retrospective rating premiums.

October 14, 2010

Judy Schurke

Director

Washington State Code Reviser's Office