Subject of Possible Rule Making: WAC 246-10-109 and 246-11-080, the department of health (department) is considering amending the procedural rules applicable to adjudicative proceedings conducted by the department and health professions boards and commissions in order to facilitate filing and serving documents. The department is considering adding the option of efiling documents with the department's adjudicative clerk's office (ACO) and serving documents to a party or a party's designated representative. Documents would be efiled at a particular email address at the department's ACO and parties could agree to serve documents electronically. The department will consider retaining the options of mailing hard copies to or faxing to the ACO or a party or their designated representative, but removing the requirement to mail copies at the same time as faxing them. The department is considering retaining the option to file by hand delivery.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules in chapter 246-10 WAC apply to all adjudicative proceedings before the department, including health professions cases where the secretary is the final decision-maker. The rules that apply to health professions regulated by a board or commission are found in chapter 246-11 WAC. The requirements in WAC 246-10-109 and 246-11-080 mirror each other and outline the process and avenues that may be used to file documents with the department's ACO and serve documents to a party or a party's designated representative. Current rules allow for documents to be filed by hand delivery to the ACO; first class, registered, or certified mail; or fax where copies are mailed simultaneously. Documents can be served by personal service or mailing or faxing in the same manner. The department has adopted an emergency rule in response to the coronavirus disease 2019 (COVID-19), taking action to help prevent the spread of COVID-19. The emergency rule, adopted under WSR 20-08-096, has demonstrated the effective and efficient use of efiling documents.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Administrative Procedure Act (chapter 34.05 RCW) allows agencies to define certain filing and service requirements by rule.

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 47853, Olympia, WA 98504-7853, phone 360-628-0096, TTY 711, email Tami.thompson@doh.wa.gov.

Additional comments: The department will use existing listservs and other known contact information to inform stakeholders of opportunities to provide input on proposed rule language. To be included on an interested parties list contact Tami Thompson.