WSR 14-18-085

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 3, 2014, 10:01 a.m.]

Subject of Possible Rule Making: The division of vocational rehabilitation (DVR) plans to amend, repeal and add WACs in multiple sections of chapter 388-891 WAC to inform customers about the services DVR provides, update customer rights and customer confidentiality and the conditions under which DVR provides or pays for services. DVR will amend, repeal or add other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: 34 C.F.R., Part 361; 34 C.F.R., Part 363; 34 C.F.R., Part 365; RCW 74.29.020(8).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DVR WACs need to comply with federal vocational rehabilitation (VR) regulations that require DVR to have written WACs (policy) that define the nature and scope of VR services, the criteria under which each service is provided or paid for, and the reasons for closing a case service record. The state Administrative Procedure Act (chapter 34.05 RCW) requires WACs when a state agency regulates the public or affects the rights or ability of the public to get services from a state agency. DVR is amending, repealing and adding WACs to meet the federal and state requirements. WAC revisions are intended to clarify the scope of VR services and the conditions for DVR to provide or pay for them, increase understanding of customer rights and customer confidentiality.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Consultation and coordination with Washington state federally recognized tribes, United States Department of Education, rehabilitation services administration; Washington state rehabilitation council; Washington state department of services for the blind. Review and comment will be used for coordinating the rule-making process.

Process for Developing New Rule: DSHS DVR invites the interested public to review and provide input on draft language of the rules. Draft material and information about how to participate may be obtained from the department representatives listed below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Phyllis Hansen, interim policy manager, (360) 725-3666, e-mail phyllis.hansen@dshs.wa.gov; Don Kay, assistant to the director, (360) 725-3613, e-mail don.kay@dshs.wa.gov; or DSHS DVR, 1-800-637-5627, fax (360) 407-3946.

September 2, 2014

Katherine I. Vasquez

Rules Coordinator