FINANCIAL MANAGEMENT

[Filed December 30, 2019, 7:15 a.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: WAC 357-49-023 How must director's review requests be filed with the director? and 357-52-225 How must appeal requests be filed with the board?

Hearing Location(s): On February 13, 2020, at 8:30 a.m., at the Office of Financial Management (OFM), Raad Building, 5th Floor, Room 512, 128 10th Avenue S.W., Olympia, WA 98501.

Date of Intended Adoption: February 20, 2020.

Submit Written Comments to: Caroline Kirk, OFM, P.O. Box 47500, Olympia, WA 98501, email caroline.kirk@ofm.wa.gov, fax 360-586-4694, by February 6, 2020.

Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by February 6, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to WAC 357-49-023 and 357-52-225 are to allow an individual to file director's review requests and personnel resources board (PRB) appeals online. Filing by fax, by mail or in person are still acceptable avenues for filing. The proposed amendment to WAC 357-49-023(2) and 357-52-225(2) are to update the fax filing requirements. The proposed amendment to WAC 357-49-023(3) and 357-52-225(3) removes email as an option for filing director's review requests and PRB appeals because of the new online filing capabilities and to state requests are considered filed when a legible copy is received.

Reasons Supporting Proposal: To align Title 357 WAC with the online filing request capabilities for director's review requests and PRB appeal requests.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.133.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [OFM], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Caroline Kirk, 128 10th Avenue, Olympia, WA 98501, 360-407-4136.

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. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.

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.

Assistant Director of

Legal and Legislative Affairs

AMENDATORY SECTION(Amending WSR 16-11-058, filed 5/13/16, effective 6/20/16)

WAC 357-49-023((For purposes of this chapter,))How must ((documents))director's review requests be filed with the director?

(((1) Filing by mail:))Director's review requests must be filed with the director by filing online through the director's website, by fax, by mail, or in person.

(1) Director's review requests are considered filed when received in the director's review office in Olympia, Washington, during the office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Documents received in the director's review office in Olympia, Washington, outside of office hours or on a legal holiday will be deemed filed on the next business day.

(2) ((Filing by fax:

(a) Documents by fax are considered filed when a legible copy of the documents is received. If transmission begins after office hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, the document will be deemed filed on the next business day.

(b) Documents))Director's review requests filed by fax must have a cover page identifying the addressee; the person making the transmission, including the address, telephone ((and fax)) number; and the review to which the documents((relates; the date of transmission; and the total number of pages included in the transmission.

(c) The person attempting to file by fax bears the risk that the papers may not be timely received or legibly printed, regardless of the cause. If the fax is not legible, it will not be considered sent.

(3) Filing by electronic mail (email): If the document is sent after office hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, the document will be deemed filed on the next business day))are related.

(3) Director's review requests are considered filed when a legible copy of the documents is received in accordance with subsection (1) of this section.

AMENDATORY SECTION(Amending WSR 05-01-191, filed 12/21/04, effective 7/1/05)

WAC 357-52-225How must ((written documents))appeal requests be filed with the board?

(((1) Filing generally. Papers that must be filed with the board))Appeal requests must be filed with the board by filing online through the board's website, by fax, by mail, or in person.

(1) Appeal requests are considered ((to be)) filed ((only)) when ((the papers are actually)) received in the board's office in Olympia, Washington, during the office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Documents received in the board's office in Olympia, Washington, outside of office hours or on a legal holiday will be deemed filed on the next business day.

(2) ((Filing by telephone facsimile.

(a) Written documents filed with the board by telephone facsimile are considered received when a legible copy of the document is reproduced on the board's telephone facsimile equipment in the board's office. If transmission begins after customary office hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays, the document will be deemed filed on the next business day.

(b) Any document filed with the board by telephone facsimile should be preceded by))Appeals filed by fax must have a cover page identifying the addressee; the ((party))person making the transmission, including the address, telephone ((and telephone facsimile)) number ((of such party)); and the appeal to which the documents((relates; the date of transmission; and the total number of pages included in the transmission.

(c) The party attempting to file papers by telephone facsimile bears the risk that the papers will not be timely received or legibly printed, regardless of the cause. If the telephone facsimile is not legible, it will be considered as if it had never been sent.

(d) The original of any document filed by telephone facsimile should be mailed to the board within twenty-four hours of the time that the telephone facsimile was sent.

(e) The filing of papers by electronic mail ("email") is not authorized without the express prior approval of the board, and only under such circumstances as the board allows))are related.

(3) Appeal requests are considered filed when a legible copy of the documents is received in accordance with subsection (1) of this section.