Subject Matter and Authority	WAC Chapter or Sections	Description DEL Rules Under Development on the DEL web site has current information on these rules.	Emergency Rules (CR-103E)	Preproposal Notice     (CR-101)	Proposed Rule (CR-102) and Public Hearings or Expedited Rule (CR-105)	Permanent Rule (CR-103P)
Common terms, definitions and standards. RCW 43.215.060, 43.215.070, and chapter 43.215 RCW.	New WAC chapter, and possible revisions of other DEL rules in TITLE 170 WAC	Adopting a new DEL WAC chapter of TITLE 170 WAC to include terms, definitions or standards that apply to more than one DEL WAC chapter or program. Other DEL WAC chapters may be revised to eliminate duplication. EO 10-06 impact: Rule development suspended.	None	Filed 12/24/08 as WSR 09-01-185	Suspended	Suspended
DEL hearing rules. RCW 34.05.220, 43.215.070, and chapter 43.215 RCW.	Chapter 170-03	Adopting technical changes needed to make the rules consistent with other DEL WAC chapters and to revise hearing procedures. EO 10-06 impact: Rule development suspended this period, but DEL may review rules for potential budget-related revisions.	None	Suspended	Suspended	Suspended
DEL background checks rules. Chapter 295, Laws of 2011, RCW 43.215.060, 43.215.070, 43.215.200, 43.215.205, 43.215.215, 43.43.832(6), and chapter 43.215 RCW.	Chapter 170-06 and related sections of chapters 170-151, 170-295, 170-296A	•Implementing 2011 HB 1903 creating an individual based/portable background check registry and new background check requirements; •Updating the list of crimes or negative actions that may disqualify a person from obtaining a DEL clearance; and •Revising rules on disqualification, reconsideration and due process, and to be consistent with current law. EO 10-06 impact: Rules are necessary to implement new state law and to protect public health, safety and welfare. Rule development to proceed in 2012.	Filed 3/15/12 as WSR 12-07-044	Filed 5/31/11 as WSR 11-12-076 See also WSR 09-01-184 filed 12/24/08	Filed 3/21/12 as WSR 12-07-088	Filed 5/30/12 as WSR 12-12-040
Syrup of Ipecac use in DEL-licensed child care facilities. RCW 43.215.060, 43.215.070, 43.215.200, and chapter 43.215 RCW.	Chapters 170-151, 170-295	Revising requirements on keeping syrup of ipecac available in a licensed child care facility for emergency treatment of children suspected of swallowing a poison. Changes will be based on current research and advice from health professionals and Washington Poison Center. EO 10-06 impact: Rules are beneficial to and likely supported by regulated entities. Rule development may continue in 2012.	None	To be determined	To be determined	To be determined
School-age child care center programs. Chapter 359, Laws of 2011, RCW 43.215.060, 43.215.070, 43.43.832(6), and chapter 43.215 RCW.	Chapter 170-151	•Implementing HB 1776 related to licensed child care centers located in public or private school buildings; •General chapter review. School-age program rules have not been updated since 1997 and are not consistent with current law or practice. School's Out Washington (SOWA), a nonprofit group, has gathered stakeholder input and recommended comprehensive WAC changes. EO 10-06 impact: Rules are needed to implement new state law and to protect public health, safety and welfare, and are requested by regulated entities. Rule development to continue in 2012.	None	Filed 4/23/09 as WSR 09-10-009 Public forums held, 3/15, 3/16, 3/26, 3/27, informal input period March -April 2012	Proposed rules anticipated this period.	Permanent rule adoption anticipated this period.
Working connections child care (WCCC) and seasonal child care (SCC) subsidy programs. SB 6226, 3ESHB 2127, RCW 43.215.060, 43.215.135.	Chapter 170-290	Implementing applicable provisions of SB 6226 and 3ESHB 2127. •Regarding raising the cutoff of eligibility for WCCC subsidies from one hundred seventy-five percent of the federal poverty level, to two hundred percent of the federal poverty level. •Regarding increasing the authorization period for WCCC from six months to twelve months. EO 10-06 impact: Rules are required by new state law and to maintain federally delegated or authorized programs. Rule development to continue in 2012.	Filed 5/25/12 as WSR 12-12-023	Filed 6/15/12 as WSR 12-13-059	Proposed rules anticipated this period.	Permanent rule adoption anticipated this period.
Minimum licensing requirements for child care centers. RCW 43.215.060, 43.215.070, chapter 43.215 RCW.	Chapter 170-295	Review and update of rules for DEL-licensed child care centers. Rules have not been comprehensively updated since 2003 and do not reflect current law. Rules need to be updated for current child care health, safety and development research and practice. EO 10-06 impact: Rules are necessary to protect public health, safety and welfare. Rule review planned to be initiated in 2012.	None	Filed 8/18/10 as WSR 10-18-006 First informal input period 12/11 through 3/31/12	To be determined	To be determined
Child care centers, family home child care. RCW 43.215.070 and chapter 43.215 RCW.	Chapters 170-295, 170-296A	Revising DEL rules on infant and toddler cribs and other sleeping equipment, consistent with new rules of the United States Consumer Product Safety Commission. By December 28, 2012, all cribs used in child care facilities must meet new national safety standards. EO 10-06 impact: Rules are necessary to protect public health, safety and welfare. Rule development to proceed in 2012.	None	Anticipated filing in this period.	To be determined	To be determined for chapter 170-295 WAC. Crib rules for family child care homes adopted in new chapter 170-296A WAC, WSR 11-23-068.
Exclusion of ill children or staff in child care centers. RCW 43.215.070, chapter 43.215 RCW.	WAC 170-295-3030	Possible rule-making due to a public petition, under RCW 34.05.330, to amend WAC 170-295-3030 When is a child or staff member too ill to be at child care. EO 10-06 impact: Rules are necessary to protect public health, safety and welfare. Rule development may proceed in 2012.	None	Filed 8/18/10 as WSR 10-18-006 Informal input period 12/11 through 1/31/12	To be determined	To be determined
DEL rules RCW 43.215.060, 43.215.070.	All chapters of TITLE 170 WAC	DEL may revise its rules to update names, cross references or other information to keep DEL rules current. EO 10-06 impact: Rules suspended unless specific rules are deemed necessary to protect the public health, safety and welfare.	N/A	Suspended	Suspended	Suspended

     Permanent rules adopted in the twelve months prior to this report:

•	WSR 12-11-025. WCCC and SCC subsidy program rules. Permanent rules filed May 8, 2012, and effective June 8, 2012. Amending rules to implement applicable provisions of ESSB 5921 (chapter 42, Laws of 2011 1st sp. sess.), strengthening background check requirements, copayments, and attendance records.
•	WSR 12-09-061. Dealing with civil fines. Permanent rules filed on April 17, 2012, and effective May 18, 2012. Amending sections of chapters 170-295 and 170-151 WAC to increase maximum civil fines when an individual or entity is suspected of providing child care without a license, when a license is required by law, and implementing section of SB 5504.
•	WSR 12-09-035. Adopting new chapter 170-01 WAC, public disclosure rules. Permanent rules filed April 11, 2012, and effective May 12, 2012. Adopting new public disclosure and related rules as they pertain to describing DEL's organization and to give the public information about requesting DEL records.
•	WSR 11-23-068. Adopting new chapter 170-296A WAC, Licensed family home child care standards, and repealing all sections of chapter 170-296 WAC. Permanent rules filed November 14, 2011, and effective March 31, 2012. Revising family home child care licensing rules using negotiated rule making as provided by RCW 43.215.350 and 34.05.310, and a process inclusive of licensees, the Services Employees International Union Local 925, parent and licensee advocates, the statewide child care resource and referral network and DEL staff.

•	Rule proceedings are noncritical unless the rule is:

a.	Required by federal or state law or required to maintain a federally delegated or authorized program;
b.	Required by court order;
c.	Necessary to manage budget shortfalls, maintain fund solvency, or for revenue generating activities;
d.	Necessary to protect health, safety, and welfare or necessary to avoid an immediate threat to the state's natural resources; or
e.	Beneficial or requested or supported by the regulated entities, local governments, or small businesses that (the rule) affects.

•	Agencies may continue to adopt rules that have been the subject of negotiated rule making or pilot rule making that involved substantial participation by interested parties before development of the proposed rule. Agencies may also proceed to finalize permanent rule making that has previously been covered by emergency rules.
•	Agencies may continue to adopt expedited rules under RCW 34.05.353 where proposed rules relate only to internal government operations.

     Find the complete OFM guidance on implementing EO 10-06 at the governor's office of regulatory assistance web site http://www.governor.wa.gov/news/20101116_memo_eo_10-06.pdf.

Notes:

     The DEL semi-annual rule-making agenda is prepared for information purposes only, and future dates or periods noted in this agenda are planning estimates that are subject to change. This agenda does not constitute a rule or rule-making action. Any errors or omissions in this agenda do not affect the actual DEL rules or rule-making notices filed with the office of the code reviser and published in the Washington State Register.

     There may be additional DEL rule making that cannot be forecasted as the department adopts rules to implement new state laws, to meet federal requirements, or to meet unforeseen circumstances. Emergency rules noted, if any, are those in effect at the time this agenda was filed with the code reviser or were the last emergency rules filed prior to this agenda on the particular subject.

     For more information about DEL rule making, or to join a mailing list to receive DEL rule notices and draft materials, please e-mail Rules@del.wa.gov, or write to the DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970.

     CR means "code reviser." The legislature's office of the code reviser creates the rule-making notice forms used and filed by all state agencies.

     CR-101 is a Preproposal statement of inquiry notice filed under RCW 34.05.310.

     CR-102 may be a proposed rule-making notice filed under RCW 34.05.320; a continuance notice under RCW 34.05.325, or a supplemental proposed rule-making notice under RCW 34.05.340.

     CR-103E is an emergency rule-making order filed under RCW 34.05.350.

     CR-103P is a permanent rule-making order filed under RCW 34.05.360.

     CR-105 is an expedited rule-making notice filed under RCW 34.05.353.

     WSR means "Washington State Register." The WSR numbers noted throughout this rules agenda are the official filing numbers assigned by the office of the code reviser and entered on materials filed for legal publication in the State Register.

     The DEL semi-annual rule-making agenda is prepared for information purposes only, and future dates or periods noted in this agenda are planning estimates that are subject to change. This agenda does not constitute a rule or rule-making action. Any errors or omissions in this agenda do not affect the actual DEL rules or rule-making notices filed with the office of the code reviser and published in the Washington State Register. There may be additional DEL rule making that cannot be forecasted as the department adopts rules to implement new state laws, to meet federal requirements, or to meet unforeseen circumstances.

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