WSR 19-23-088
EMERGENCY RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed November 19, 2019, 3:07 p.m., effective November 19, 2019, 3:07 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend WAC 110-15-0280 to align with the department of children, youth, and families' (DCYF) emergency administrative hearing rules, chapter 110-03 WAC.
Citation of Rules Affected by this Order: Amending WAC 110-15-0280.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: DCYF has conflicting WAC regarding an administrative appeal process that impacts the general welfare. Observing the time requirements for notice and comment would be contrary to the public interest.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 18, 2019.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0280Right to request an administrative hearing.
(1) WCCC consumers have a right to request ((a hearing under chapter 388-02 WAC))administrative hearings on any action affecting WCCC benefits.
(2) Child care providers may request administrative hearings ((under chapter 388-02 WAC)) only for WCCC overpayments. A provider's burden of proof is a preponderance of the evidence.
(3) To request a hearing, a consumer or provider:
(a) Contacts the ((DSHS))DCYF office which sent them the notice; or
(b) Writes to the office of administrative hearings, P.O. Box 42489, Olympia, WA 98504-2489; and
(c) Makes the request for a hearing within:
(i) Ninety days of the date a decision is received for consumers; or
(ii) Twenty-eight days of the date a decision is received for providers.
(4) The office of administrative hearings administrative law judge enters initial or final orders as provided in ((WAC 388-02-0217))chapter 110-03 WAC. Initial orders may be appealed to a ((DSHS))DCYF review judge under chapter ((388-02))110-03 WAC.
(5) To request a hearing under the seasonal child care program, see WAC ((170-290-3860 and 170-290-3865))110-15-3860 and 110-15-3865.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW
34.08.040.