WSR 15-01-134

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed December 19, 2014, 2:51 p.m., effective January 19, 2015]

Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-824-070 Examination appeal procedures, amending the process to appeal examination results for dispensing optician applicants. The rule clarifies the informal examination review process for dispensing optician applicants and removes the stated process for formal review of examination scores. There are other more efficient appeal processes in place when an applicant does not meet the credentialing requirements.

Citation of Existing Rules Affected by this Order: Amending WAC 246-824-070.

Statutory Authority for Adoption: RCW 18.130.040(4).

Adopted under notice filed as WSR 14-14-058 on June 26, 2014.

Changes Other than Editing from Proposed to Adopted Version: New subsection (5) was added to clarify the committee review process.

A final cost-benefit analysis is available by contacting Judy Haenke, Program Manager, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4947, fax (360) 236-2901, e-mail judy.haenke@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: December 16, 2014.

Dennis E. Worsham

Deputy Secretary

for 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 (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.)) (5) The committee will review the challenged portions identified by the candidates.

(a) If the committee accepts some or all of the challenged portions, the candidate's score will be revised to reflect the committee's decision.

(b) If the committee does not accept some or all of the challenged portions, or if the revised score does not result in a passing score, the applicant may retake the required examination(s) as described in WAC 246-824-060.