WSR 14-09-019

PREPROPOSAL STATEMENT OF INQUIRY

[Filed April 7, 2014, 4:08 p.m.]

Subject of Possible Rule Making: Chapter 246-10 WAC, Administrative procedure's adjudicative proceedings; a chapter review which may include clarification, streamlining, modernization, and implementation of ESHB 1381 (chapter 109, Laws of 2013).

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 43.70, 18.130, 18.155, and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of health (department) has not conducted a comprehensive review of chapter 246-10 WAC since its adoption in the early 1990s. The rules may need to be revised to provide clarification, streamlining and modernization. RCW 43.70.041, enacted in 2013, requires the department to review all of its existing rules every five years to identify ways to clarify or simplify existing rules. This comprehensive review is responsive to this legislative directive. In addition, ESHB 1381 may need to be incorporated. This law added a new review process in adjudicative proceedings before the department where the secretary of health is the final decision maker.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The department will use existing listservs and other known contact information to inform stakeholders of opportunities to provide input on proposed rule language. To be included on an interested parties list contact Tami Thompson, Regulatory Affairs Manager, Department of Health, P.O. Box 47853, Olympia, WA 98504, phone (360) 236-4044, fax (360) 236-4024, e-mail tami.thompson@doh.wa.gov.

March 31, 2014

Jessica Todorovich

for John Wiesman DrPH, MPH

Secretary