[Filed March 9, 2020, 11:05 a.m.]

Preproposal statement of inquiry was filed as WSR 20-03-010.

Title of Rule and Other Identifying Information: Veterans estate management program, chapter 484-40 WAC.

Hearing Location(s): On May 6, 2020, at 11:30 [a.m]., at Washington Department of Veterans Affairs (WDVA), 1102 Quince Street S.E., 3rd Floor Conference Room, Olympia, WA 98504.

Date of Intended Adoption: May 7, 2020.

Submit Written Comments to: WDVA, Heidi Audette, P.O. Box 41150, email heidia@dva.wa.gov, fax 360-725-2197, by May 5, 2020.

Assistance for Persons with Disabilities: Contact Heidi Audette, phone 360-725-2154, fax 360-725-2197, TTY 360-725-2199, email heidia@dva.wa.gov, by March 10, 2019 [2020].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: General updates to language for clarity and updates to maximum estate size of beneficiaries.

Reasons Supporting Proposal: Compliance with RCW 73.04.130.

Statutory Authority for Adoption: RCW 43.60A.070. Other references are RCW 43.60A.70 [43.60A.070], 73.04.130.

Statute Being Implemented: RCW 73.04.130.

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

Name of Proponent: WDVA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Heidi Audette, 1102 Quince Street S.E., Olympia, WA 98504, 360-725-2154.

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. This rule is not considered a significant legislative rule.

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.

Legislative Director

AMENDATORY SECTION(Amending WSR 80-09-069, filed 7/17/80)

WAC 484-40-005Scope of services.

As authorized by RCW 43.60A.070, the director of the department of veterans affairs, or ((his)) designee, is authorized to act as:

(1) Executor under the last will of the estate of any deceased veteran.

(2) Administrator of the estate of any deceased veteran.

(3) The ((guardian or)) duly appointed federal fiduciary of the estate of any ((insane or incompetent)) veteran deemed by the U.S. Department of Veterans Affairs or the Social Security Administration to be incompetent to handle their own finances.

(4) ((Guardian or))Duly appointed federal fiduciary of the estate of any person who is a bona fide resident of the state of Washington and who is certified by the ((veterans administration))U.S. Department of Veterans Affairs or the Social Security Administration as having money due from the ((veterans administration))U.S. Department of Veterans Affairs or the Social Security Administration, the payment of which is dependent upon the appointment of a ((guardian or other type)) fiduciary.

((No estate larger than $15,000.00, authorized by RCW 73.04.130 shall be eligible for any of the preceding categories.))

AMENDATORY SECTION(Amending Order 7659, filed 7/28/77)

WAC 484-40-015Case level.

(1) The director of the department of veterans affairs, or ((his)) designee, is authorized to provide the scope of services enumerated under WAC 484-40-005. ((He is not required to do so.))

(2) The director of veterans affairs shall determine when the case level is commensurate with available personnel and funding.

(3) The director of the department may refuse the provision of further services, under this chapter, whenever ((he deems appropriate for whatever reasons he deems)) appropriate.

AMENDATORY SECTION(Amending WSR 80-09-069, filed 7/17/80)

WAC 484-40-020Auditing.

(1) All funds received and disbursed in conjunction with services afforded under this chapter shall be accounted for by generally accepted accounting standards.

(2) The director of the department of veterans affairs or ((his)) designee shall cause a fiscal audit to be performed on all records and documents pertaining to the funds for which conservatorship is afforded under this chapter.

(3) Such audit may be performed by accountants within the department of veterans affairs or accountants from another governmental agency.

(((4) Such audit shall be performed at time intervals not to exceed fourteen months and shall ensure that no period of time shall be unaudited.))