WSR 18-01-100 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Services and Enterprise Support Administration) [Filed December 19, 2017, 9:18 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-17-102. Title of Rule and Other Identifying Information: The department is proposing to create new WAC 388-01-005; repeal WAC 388-01-040; and amend WAC 388-01-010, 388-01-015, 388-01-020, 388-01-030, 388-01-050, 388-01-060, 388-01-070, 388-01-080, 388-01-090, 388-01-100, 388-01-110, 388-01-120, 388-01-130, 388-01-140, WAC 388-01-150, 388-01-160, 388-01-170, 388-01-180, 388-01-190, and 388-01-200. Hearing Location(s): On February 6, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2. Date of Intended Adoption: Not earlier than February 7, 2018. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., February 6, 2018. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by January 23, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amended rules add language to clarify, update, and ensure clear policies for responding to public records requests under chapter 42.56 RCW, and align policy to comply with new statutes. The proposed repeal of WAC 388-01-040 removes existing redundant language, and the proposed new WAC 388-01-005 adds a new definition section for rule clarity. Reasons Supporting Proposal: See purpose statement above. Statutory Authority for Adoption: RCW 42.56.040. Statute Being Implemented: Chapter 42.56 RCW. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: [DSHS], governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Natasha House, DSHS Public Records Officer, P.O. Box 45135, Olympia, WA 98504, 360-902-8484.
A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Amendments to chapter 388-01 WAC clarify current department policy and are not considered "significant legislative rules." This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party. December 13, 2017 Katherine I. Vasquez Rules Coordinator
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