WSR 16-03-076

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 20, 2016, 8:44 a.m.]

Subject of Possible Rule Making: The office of administrative hearings (OAH) is proposing to amend subsections (2) and (7) of WAC 10-08-150 relating to interpreter services.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.020, 34.05.250, 34.12.030, and 34.12.080.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Hearings conducted by administrative law judges of OAH are governed primarily by procedural rules established by OAH, the department of social and health services (DSHS), the health care authority (HCA) and the department of early learning (DEL). OAH is proposing to amend WAC 10-08-150 to ensure that we can effectively and efficiently engage interpreters for use before, during and after administrative hearings.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DSHS, HCA and DEL also regulate in this area. These three agencies have all agreed that consistency across the rules is important and have agreed to cooperate in making necessary changes in their rules consistent with those proposed by OAH. The DSHS rule being amended is WAC 388-02-0150. The HCA rule is WAC 182-526-0150 (but that regulation may not require any change in order to be consistent with the OAH proposal). The DEL rule is WAC 170-03-160. All three agencies have coordinated with OAH on these issues and DSHS and DEL have agreed to make those changes. DEL has already filed their proposed rule making in WSR 15-18-117.

Process for Developing New Rule: OAH welcomes the public to take part in developing the rule. Anyone interested should contact the staff person identified below. At a later date, OAH will file a proposal with the office of the code reviser along with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ed Pesik, Deputy Chief ALJ, P.O. Box 42488, Olympia, WA 98504-2488, phone (360) 407-2700, fax (360) 586-6563, and e-mail ed.pesik@oah.wa.gov.

January 19, 2016

Edward F. Pesik Jr.

Deputy Chief

Administrative Law Judge