Subject of Possible Rule Making: WAC 246-10-501 and 246-10-502, application of and preliminary record in brief adjudicative proceedings (BAP). The department of health (department) is considering amending these rules to: (1) Add categories that qualify for the use of brief adjudicative proceedings; (2) implement legislation; and (3) update existing citations and make other housekeeping changes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.040, 34.05.410, 34.05.413, and 18.130.050; ESSB 5332 (chapter 148, Laws of 2019) adopted as RCW 70.58A.550; and HB [SHB] 2246 (chapter 20, Laws of 2020) adopted as Title 70A RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has existing rules that adopt procedures for a BAP in accordance with the standards in the Administrative Procedure Act, chapter 34.05 RCW. A BAP is intended to serve as an inexpensive and efficient alternative where the issues can be decided by reference to writings and other documents without a full, formal hearing.

WAC 246-10-501 identifies which specific types of cases a BAP may be requested for to be heard before the department and its boards and commissions. The department will consider adding new categories including but not limited to matters involving the coordinated quality improvement program and vital statistics.

HB [SHB] 2246 (chapter 20, Laws of 2020) reorganizes the environmental health laws to Title 70A RCW. Specific types of environmental health matters qualify to be heard as a BAP and therefore existing citations within the rules will need to be updated.

Upon further review of the rules, other updates to existing citations as well as other housekeeping changes may be necessary to ensure that WAC 246-10-501 and 246-10-502 are current.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None known.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tami Thompson, P.O. Box 47890, Olympia, WA 98504-7890, phone 360-628-0096, TTY 711, email Tami.thompson@doh.wa.gov.

Additional comments: To be added to an interested parties distribution list specific to this rule making, send your email address to Tami Thompson at Tami.thompson@doh.wa.gov.