Subject of Possible Rule Making: TITLE 170 WAC, including but not limited to chapters 170-03 and 170-06 WAC.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 34.05 and 43.215 RCW and in particular RCW 34.05.220, 43.215.060, 43.215.070, 43.215.200, 43.215.215 through 43.215.218, and 43.43.832(6).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule making in chapters 170-03 and 170-06 WAC is necessary in order to clarify and/or update one or more sections within chapters 170-03 and 170-06 WAC. The department of early learning (DEL) may file more than one proposed rule (CR-102) under this notice, and may, if appropriate, adopt emergency rules on a temporary basis.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The state department of social and health services provides certain child care background check services to DEL. The Washington state patrol provides in-state criminal history information and coordinates national fingerprint background check processing with the Federal Bureau of Investigation when a fingerprint-based background check is required. DEL must follow United States Administration for Children and Families - Child Care and Development Fund (CCDF) regulations consistent with the state's CCDF plan. DEL must also follow regulations associated with the early head start program administered by the Office of Human Development Services, Department of Health and Human Services. To the extent appropriate, DEL plans to coordinate rule development with these state and federal agencies.

     Process for Developing New Rule: To the extent practicable, DEL intends to seek public input during the rule drafting and development process. At a later date, DEL will file proposed rules (more than one proposed rule-making notice may be filed), hold a public hearing or hearings, and accept written comments before adopting permanent rules.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Individuals and organizations wishing to receive draft and proposed materials may join a DEL rules mailing list by contacting the DEL rules coordinator at Rules@del.wa.gov, by fax (360) 586-0533, or by writing to the DEL Rules Coordinator, Department of Early Learning, P.O. Box 40972, Olympia, WA 98504-0972.

May 17, 2013

Robert McLellan

Senior Assistant Director