WSR 14-14-058 PROPOSED RULES DEPARTMENT OF HEALTH [Filed June 26, 2014, 2:53 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-24-105.
Title of Rule and Other Identifying Information: WAC 246-824-070 Examination appeal procedures, amending the process to appeal examination results for dispensing optician applicants.
Hearing Location(s): Department of Health, 111 Israel Road S.E., Room 145, Tumwater, WA 98501, on August 12, 2014, at 1:00 p.m.
Date of Intended Adoption: August 14, 2014.
Submit Written Comments to: Judy Haenke, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by August 12, 2014.
Assistance for Persons with Disabilities: Contact Judy Haenke by August 5, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule clarifies the informal examination review process for dispensing optician applicants and removes the stated process for formal review of examination scores.
Reasons Supporting Proposal: The informal review process has been a worthwhile and low cost tool in allowing candidates to express their concerns about the examination. There are other more efficient appeal processes in place when an applicant does not meet the credentialing requirements such as the notice of determination hearing or the brief adjudicative proceeding.
Statutory Authority for Adoption: RCW 18.130.040(4).
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, Implementation, and Enforcement: Judy Haenke, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4947.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Judy Haenke, Program Manager, 111 Israel Road S.E., Tumwater WA 98501, phone (360) 236-4947, fax (360) 236-2901, e-mail judy.haenke@doh.wa.gov. A cost-benefit analysis was not prepared. By definition, this is a procedural rule and does not meet the definition of a significant legislative rule.
June 25, 2014
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 02-18-025, filed 8/23/02, effective 9/23/02)
WAC 246-824-070 ((Examination appeal procedures.)) Informal review of examination results.
(1) Any candidate who does not pass the examination may request informal review of his or her examination results by the dispensing optician examining committee. ((This request must be in writing and must be received by the department within thirty days of receipt of the examination results. The committee will not set aside its prior determination unless the candidate shows error in examination content or procedure, or bias, prejudice, or discrimination in the examination process. The committee will not consider any challenges to examination scores unless the total revised score on any examination section would result in a passing score on that section of the examination.))
(2) ((The procedure for filing)) The candidate must request an informal review within thirty days after receiving the examination results from the department.
(3) To request an informal review ((is as follows:
(a))) the candidate must contact the department of health ((office in Olympia)) for an appointment to appear personally to review incorrect answers on the written portion of a failed examination, ((and)) or score sheets on the failed practical portion of the examination.
(((b))) (4) The candidate ((will be provided)) must complete a form ((to complete in the department of health office in Olympia in defense of examination answers.
(c))) provided by the department. The candidate must ((specifically)) identify the challenged portion(s) of the examination and ((must)) state the specific reason or reasons why the candidate feels the results of the examination should be changed.
(((3) Any candidate who is not satisfied with the result of the informal examination review may submit a request for a formal hearing to be held before the dispensing optician examining committee. This request must be in writing and must be received by the department within thirty days of receipt of the results of the committee's informal examination review. The written request must specifically identify the challenged portion(s) of the examination and must state the specific reason(s) why the candidate feels the results of the examination should be changed. The examining committee will not set aside its prior determination unless the candidate shows error in examination content or procedure, or bias, prejudice, or discrimination in the examination process. The committee will not consider any challenges to examination scores unless the total revised score on any individual examination section would result in a passing score on that section of the examination.
(4) The formal hearing will be held pursuant to the Administrative Procedure Act, chapter 34.05 RCW, and the model procedural rules for adjudicative proceeding of the department of health, chapter 246-10 WAC.))
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