CHILDREN, YOUTH, AND FAMILIES

[Filed February 7, 2020, 4:44 p.m.]

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

Title of Rule and Other Identifying Information: Early Head Start-Working Connections Child Care Partnership Slots: WAC 110-15-2401 Eligible consumers, 110-15-2410 Application for early head start-child care partnership slots, 110-15-2420 Copay for early head start-child care partnership slots, 110-15-2426 Eligibility period for early head start-child care partnership slots, 110-15-2430 Eligible early head start-child care partnership slots providers, 110-15-2435 Subsidy payments for early head start-child care partnership slots providers, 110-15-2440 Early achievers payments for partnership slots providers, 110-15-2445 Reapplication for early head start-child care partnership slots, 110-15-2450 Deenrollment process for early head start-child care partnership slots providers, 110-15-2455 Payment discrepancies for early head start-child care partnership slots consumers, 110-15-2460 Payment discrepancies for early head start-child care partnership slots providers, and 110-15-2465 Administrative hearings for early head start-child care partnership slots.

Department of Early Learning Hearing Rules: WAC 170-03-0010 Purpose and scope, 170-03-0020 Definitions, 170-03-0030 Computing time for meeting deadlines in the hearing process, 170-03-0040 The right to a hearing, 170-03-0050 Requesting a hearing, 170-03-0060 Filing the request for hearing, 170-03-0070 Location of office of administrative hearings, 170-03-0080 Service of notice and documents, 170-03-0090 Proof of service, 170-03-0100 Representation during the hearing process, 170-03-0110 The right to an interpreter in the hearing process, 170-03-0120 Definitions, 170-03-0130 Interpreter qualifications, 170-03-0140 Waiver of interpreter services, 170-03-0150 Requirements that apply to the use of interpreters, 170-03-0160 Requirements that apply to decisions involving limited-English-speaking parties, 170-03-0170 Notice of hearing, 170-03-0180 Prehearing conferences, 170-03-0190 Purposes of prehearing conference, 170-03-0200 Prehearing order, 170-03-0210 Assignment and challenge of assignment of administrative law judge, 170-03-0220 Rules an ALJ or review judge must apply when making a decision, 170-03-0230 Challenges to validity of DEL rules, 170-03-0240 Amendment to DEL notice or party's request for hearing, 170-03-0250 Changes of address, 170-03-0260 Continuances, 170-03-0270 Order of dismissal, 170-03-0280 Vacating an order of default or order of dismissal, 170-03-0290 Stay of DEL action, 170-03-0300 Stay of summary suspension of child care license, 170-03-0340 Conduct of hearings, 170-03-0350 Authority of the administrative law judge, 170-03-0360 Order of the hearing, 170-03-0390 Evidence, 170-03-0400 Introduction of evidence into the record, 170-03-0410 Objections to evidence, 170-03-0420 Stipulations, 170-03-0430 Exhibits, 170-03-0440 Judicial notice, 170-03-0450 Witnesses, 170-03-0460 Requiring witnesses to testify or provide documents, 170-03-0470 Serving a subpoena, 170-03-0480 Testimony, 170-03-0490 Burden of proof, 170-03-0500 Equitable estoppel, 170-03-0510 Closing the record, 170-03-0520 Timing of the ALJ's decision, 170-03-0530 Contents of the initial order, 170-03-0540 Finality of initial order, 170-03-0550 Challenges to the initial order, 170-03-0560 Correcting clerical errors in ALJ's decisions, 170-03-0570 Appeal of the initial order, 170-03-0580 Time for requesting review, 170-03-0590 Petition for review, 170-03-0600 Response to petition for review, 170-03-0610 Decision process, 170-03-0620 Authority of the review judge, 170-03-0630 Request for reconsideration, 170-03-0640 Response to a request for reconsideration, 170-03-0650 Ruling on request for reconsideration, and 170-03-0660 Judicial review.

Hearing Location(s): On March 24, 2020, at 10:00 a.m., at Conference Room 4, Office Building 2, Service Level, 1115 Washington Street S.E., Olympia, WA.

Date of Intended Adoption: March 25, 2020.

Submit Written Comments to: DCYF Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, https://www.dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by March 24, 2020.

Assistance for Persons with Disabilities: Contact department of children, youth, and families (DCYF) rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by March 20, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeal WAC 110-15-2401 through 110-15-2465 that relate to the internal governmental operations for administering early head start working connections partnership slots, and chapter 170-03 WAC, procedural rules that apply to adjudicative proceedings involving the department of early learning.

Reasons Supporting Proposal: Early Head Start-Working Connections Child Care Partnership Slots: In 2019, DCYF adopted working connections child care rates that better ensure providers can afford the cost of implementing high quality care and that all families have equal access to child care. WAC 110-15-2401 through 110-15-2465 are no longer needed following the adoption of WAC 110-15-0200, 110-15-0210, and 110-15-0249 under WSR 19-12-058. Department of Early Learning Hearing Rules: Effective July 1, 2018, DCYF assumed the programs and functions of the former department of early learning. DCYF has adopted permanent procedural rules that apply to its adjudicative proceedings making chapter 170-03 WAC unnecessary.

Statutory Authority for Adoption: RCW 43.216.055 and 43.216.065.

Statute Being Implemented: RCW 43.06.110 and 43.216.135; chapter 34.05 RCW.

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

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Lori Anderson, 1110 S.E. Jefferson, Olympia, WA 98504, 360-725-4670; Implementation and Enforcement: DCYF, statewide.

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. RCW 34.05.328 (5)(b)(iv) exempts the proposed rules from a cost-benefit analysis.

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; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.

The following sections of the Washington Administrative Code are repealed:

Application for early head start–child care partnership slots.

Copay for early head start–child care partnership slots.

Eligibility period for early head start–child care partnership slots.

Eligible early head start–child care partnership slots providers.

Subsidy payments for early head start–child care partnership slots providers.

Early achievers payments for partnership slots providers.

Reapplication for early head start–child care partnership slots.

Deenrollment process for early head start–child care partnership slots providers.

Payment discrepancies for early head start–child care partnership slots consumers.

Payment discrepancies for early head start–child care partnership slots providers.

Administrative hearings for early head start–child care partnership slots.

The following chapter of the Washington Administrative Code is repealed:

Computing time for meeting deadlines in the hearing process.

The right to a hearing.

Requesting a hearing.

Filing the request for hearing.

Location of office of administrative hearings.

Service of notice and documents.

Representation during the hearing process.

The right to an interpreter in the hearing process.

Interpreter qualifications.

Waiver of interpreter services.

Requirements that apply to the use of interpreters.

Requirements that apply to decisions involving limited-English-speaking parties.

Prehearing conferences.

Purposes of prehearing conference.

Assignment and challenge of assignment of administrative law judge.

Rules an ALJ or review judge must apply when making a decision.

Challenges to validity of DEL rules.

Amendment to DEL notice or party's request for hearing.

Vacating an order of default or order of dismissal.

Stay of summary suspension of child care license.

Conduct of hearings.

Authority of the administrative law judge.

Order of the hearing.

Introduction of evidence into the record.

Objections to evidence.

Requiring witnesses to testify or provide documents.

Timing of the ALJ's decision.

Contents of the initial order.

Finality of initial order.

Challenges to the initial order.

Correcting clerical errors in ALJ's decisions.

Appeal of the initial order.

Time for requesting review.

Petition for review.

Response to petition for review.

Authority of the review judge.

Request for reconsideration.

Response to a request for reconsideration.

Ruling on request for reconsideration.

WAC 170-03-0010	Purpose and scope.
WAC 170-03-0020	Definitions.
WAC 170-03-0030	Computing time for meeting deadlines in the hearing process.
WAC 170-03-0040	The right to a hearing.
WAC 170-03-0050	Requesting a hearing.
WAC 170-03-0060	Filing the request for hearing.
WAC 170-03-0070	Location of office of administrative hearings.
WAC 170-03-0080	Service of notice and documents.
WAC 170-03-0090	Proof of service.
WAC 170-03-0100	Representation during the hearing process.
WAC 170-03-0110	The right to an interpreter in the hearing process.
WAC 170-03-0120	Definitions.
WAC 170-03-0130	Interpreter qualifications.
WAC 170-03-0140	Waiver of interpreter services.
WAC 170-03-0150	Requirements that apply to the use of interpreters.
WAC 170-03-0160	Requirements that apply to decisions involving limited-English-speaking parties.
WAC 170-03-0170	Notice of hearing.
WAC 170-03-0180	Prehearing conferences.
WAC 170-03-0190	Purposes of prehearing conference.
WAC 170-03-0200	Prehearing order.
WAC 170-03-0210	Assignment and challenge of assignment of administrative law judge.
WAC 170-03-0220	Rules an ALJ or review judge must apply when making a decision.
WAC 170-03-0230	Challenges to validity of DEL rules.
WAC 170-03-0240	Amendment to DEL notice or party's request for hearing.
WAC 170-03-0250	Changes of address.
WAC 170-03-0260	Continuances.
WAC 170-03-0270	Order of dismissal.
WAC 170-03-0280	Vacating an order of default or order of dismissal.
WAC 170-03-0290	Stay of DEL action.
WAC 170-03-0300	Stay of summary suspension of child care license.
WAC 170-03-0340	Conduct of hearings.
WAC 170-03-0350	Authority of the administrative law judge.
WAC 170-03-0360	Order of the hearing.
WAC 170-03-0390	Evidence.
WAC 170-03-0400	Introduction of evidence into the record.
WAC 170-03-0410	Objections to evidence.
WAC 170-03-0420	Stipulations.
WAC 170-03-0430	Exhibits.
WAC 170-03-0440	Judicial notice.
WAC 170-03-0450	Witnesses.
WAC 170-03-0460	Requiring witnesses to testify or provide documents.
WAC 170-03-0470	Serving a subpoena.
WAC 170-03-0480	Testimony.
WAC 170-03-0490	Burden of proof.
WAC 170-03-0500	Equitable estoppel.
WAC 170-03-0510	Closing the record.
WAC 170-03-0520	Timing of the ALJ's decision.
WAC 170-03-0530	Contents of the initial order.
WAC 170-03-0540	Finality of initial order.
WAC 170-03-0550	Challenges to the initial order.
WAC 170-03-0560	Correcting clerical errors in ALJ's decisions.
WAC 170-03-0570	Appeal of the initial order.
WAC 170-03-0580	Time for requesting review.
WAC 170-03-0590	Petition for review.
WAC 170-03-0600	Response to petition for review.
WAC 170-03-0610	Decision process.
WAC 170-03-0620	Authority of the review judge.
WAC 170-03-0630	Request for reconsideration.
WAC 170-03-0640	Response to a request for reconsideration.
WAC 170-03-0650	Ruling on request for reconsideration.
WAC 170-03-0660	Judicial review.

WAC 110-15-2401	Eligible consumers.
WAC 110-15-2410	Application for early head start–child care partnership slots.
WAC 110-15-2420	Copay for early head start–child care partnership slots.
WAC 110-15-2426	Eligibility period for early head start–child care partnership slots.
WAC 110-15-2430	Eligible early head start–child care partnership slots providers.
WAC 110-15-2435	Subsidy payments for early head start–child care partnership slots providers.
WAC 110-15-2440	Early achievers payments for partnership slots providers.
WAC 110-15-2445	Reapplication for early head start–child care partnership slots.
WAC 110-15-2450	Deenrollment process for early head start–child care partnership slots providers.
WAC 110-15-2455	Payment discrepancies for early head start–child care partnership slots consumers.
WAC 110-15-2460	Payment discrepancies for early head start–child care partnership slots providers.
WAC 110-15-2465	Administrative hearings for early head start–child care partnership slots.