WSR 20-19-148
(Office of the Secretary)
[Filed September 23, 2020, 11:56 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-15-061.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-02-0075 How does a party file documents?
Hearing Location(s): On October 27, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.
Date of Intended Adoption: Not earlier than October 28, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., October 27, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by October 13, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-02-0075 in response to the public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus"). The proposed amendment 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.
Reasons Supporting Proposal: 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
Statutory Authority for Adoption: RCW 43.17.060, 43.20A.550, 34.05.020, 34.05.350.
Statute Being Implemented: Proclamation by the Governor 20-05.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mike Williams, P.O. Box 45850, Olympia, WA 98504, 360-664-6093.
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 by definition under RCW 34.05.328 (5)(c)(iii).
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.
Explanation of exemptions: This rule is a procedural rule and does not impact small businesses or small nonprofits.
September 22, 2020
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 00-18-059, filed 9/1/00, effective 10/2/00)
WAC 388-02-0075How does a party file documents?
(1) A party may file documents by delivering them to OAH or BOA by:
(a) Personal service (hand delivery);
(b) First class, registered, or certified mail;
(c) Fax transmission if the party mails a copy of the document the same day;
(d) Commercial delivery service; or
(e) Legal messenger service.
(2) ((A))Any party ((cannot))may file documents with OAH by secure email. The BOA does not accept electronic submission except by fax.