WSR 13-22-061 PROPOSED RULES DEPARTMENT OF HEALTH [Filed November 4, 2013, 2:13 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-19-078.
Title of Rule and Other Identifying Information: WAC 246-10-701 Administrative review of initial orders, amending to specify that if no request for an administrative review of a health law judge's initial order is received within twenty-one days, the order becomes final.
Hearing Location(s): Washington State Department of Health, Point Plaza East, Room 152 and 153, 310 Israel Road S.E., Tumwater, WA 98501, on December 13, 2013, at 9:00 a.m.
Date of Intended Adoption: December 16, 2013.
Submit Written Comments to: Tami Thompson, P.O. Box 47890, Olympia, WA 98504, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 586-7424, by December 13, 2013.
Assistance for Persons with Disabilities: Contact Tami Thompson by December 6, 2013, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule implements ESHB 1381 (chapter 109, Laws of 2013), which modified the department of health's administrative adjudicative process. The proposed rule specifies that if no request for an administrative review of an initial order is received within twenty-one days, the initial order becomes final in adjudicative proceedings. In addition to other parties to the proceedings, the proposed rule allows the secretary, upon his or her own motion, to petition for administrative review of an initial order, as stated in ESHB 1381.
Reasons Supporting Proposal: ESHB 1381 allows an additional administrative review of an initial order in an adjudicative proceeding. These initial decisions will be subject to a new review process conducted by the secretary of health or his/her designee. ESHB 1381 allows the secretary to adopt rules to provide that cases may become final without further agency action if no review is requested. To promote efficiency in the adjudicative process the department is proposing that if it does not receive a request to review an initial order within twenty-one days the initial order will become final.
Statutory Authority for Adoption: RCW 18.130.050, ESHB 1381 (chapter 109, Laws of 2013).
Statute Being Implemented: RCW 18.130.095, ESHB 1381 (chapter 109, Laws of 2013).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Kristi Weeks, P.O. Box 47850, Olympia, WA 98504, (360) 236-4621; Implementation: Shellie Carpenter, P.O. Box 47879, Olympia, WA 98504, (360) 236-4674; and Enforcement: Kristin Petersen, P.O. Box 47890, Olympia, WA 98504, (360) 236-4046.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(e), a small business economic impact statement is not required for a proposed rule where the content of the rule is explicitly and specifically dictated by statute.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.
November 4, 3013
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 97-12-089, filed 6/4/97, effective 7/5/97)
WAC 246-10-701 Appeal from initial order and initial order becoming a final order.
(1) Any party may file a written petition for administrative review of an initial order issued under WAC 246-10-503 or 246-10-608 stating the specific grounds upon which exception is taken and the relief requested. (2) The secretary, upon his or her own motion, may petition for administrative review of an initial order. (3) Petitions for administrative review must be served upon the opposing party and filed with the adjudicative clerk office within twenty-one days of service of the initial order. (((3))) (4) The opposing party may file a response to a petition for administrative review filed as provided in this section. The response shall be filed at the adjudicative clerk office. The party filing the response shall serve a copy of the response upon the party requesting administrative review. If the initial order was entered pursuant to WAC 246-10-503, the response shall be filed within ten days of service of the petition. In all other matters, the response shall be filed within twenty days of service of the petition. (5) If a party or the secretary does not request administrative review of an initial order as described above, an initial order becomes a final order at 5:00 p.m. on the twenty-first calendar day after the adjudicative clerk office serves the initial order.
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