WSR 20-15-149

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Office of the Secretary)

[Filed July 22, 2020, 8:25 a.m., effective July 23, 2020]

Effective Date of Rule: July 23, 2020.

Purpose: The department is filing this first extension of its emergency rule at WSR 20-08-049, that was effective March 25, 2020, and expires on July 23, 2020, in response to the public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus"). The extended emergency rule allows electronic filing and electronic distribution of notices and orders to the office of administrative hearings (OAH) via email by striking the email prohibition, adding a provision for email filing with OAH, and adding clarifying language. The department of social and health services (DSHS) is actively undertaking the appropriate procedures to adopt the rule as a permanent rule, and filed a CR-101 Preproposal statement of inquiry as WSR 20-15-061 on July 10, 2020.

Citation of Rules Affected by this Order: Amending WAC 388-02-0075 How does a party file documents?

Statutory Authority for Adoption: RCW 43.17.060, 43.20A.550, 34.05.020, 34.05.350.

Other Authority: Proclamation by the Governor 20-05.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: To protect public health, safety, and welfare there is an emergent need to allow electronic filing and electronic distribution of notices and orders to OAH supporting "social distancing" due to the public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus"), and associated state of emergency in all Washington counties as proclaimed by Governor Inslee's "Proclamation by the Governor 20-05." OAH has issued "temporary emergency policy and procedures" authorizing electronic filings for DSHS, health care authority and department of children, youth, and families caseloads, effective March 25, 2020. Instructions for using secure email filing are available at www.oah.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: July 15, 2020.

Katherine I. Vasquez

Rules Coordinator