WSR 13-17-016

PROPOSED RULES

[Filed August 8, 2013, 3:37 p.m.]

Preproposal statement of inquiry was filed as WSR 10-21-075.

Title of Rule and Other Identifying Information: Chapter 491-04 WAC, Filing appeals.

Hearing Location(s): Thurston Co. FPD #8, 3506 Shincke Road N.E., Olympia, WA 98506, on October 10, 2013, at 6:00 p.m.

Date of Intended Adoption: October 10, 2013.

Submit Written Comments to: Brigette K. Smith, P.O. Box 114, Olympia, WA 98507, or in person at 605 11th Avenue S.E., Suite #112, Olympia, WA 98501, e-mail brigettes@bvff.wa.gov, fax (360) 586-1987, by September 27, 2013.

Assistance for Persons with Disabilities: Contact Brigette K. Smith by September 27, 2013, TTY (360) 753-7318 or (877) 753-7318.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule is necessary to lay out a procedure for filing an appeal of a local board or staff decision denying benefits to a participant. The board for volunteer firefighters and reserve officers (BVFF) currently has no rules for filing an appeal.

Reasons Supporting Proposal: Most other agencies have WACs outlining the procedure for filing an appeal of a decision. Because the BVFF does not have one, it is confusing for staff, constituents, and stakeholders to know what to do when an appeal is requested. This results in inconsistencies between appeals and increases the cost of hearing because of the time involved in explaining a process that is not documented anywhere.

Statutory Authority for Adoption: RCW 41.24.290(2).

Statute Being Implemented: Chapter 491-04 WAC.

Name of Proponent: BVFF, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Brigette K. Smith, 605 11th Avenue, Suite #112, Olympia, WA 98501, (360) 753-7318; and Enforcement: BVFF, 605 11th Avenue, Suite #112, Olympia, WA 98501, (360) 753-7318.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule will not affect small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The board's proposed WAC is not a significant rule of the specified governmental departments nor is it a rule that adopts, by incorporation or reference, federal or state statutes or rules from other state agencies. It is a rule that relates to only internal governmental operations that are not subject to violation by a nongovernmental party, thus negating the requirement.

August 8, 2013

Brigette K. Smith

Executive Secretary