((COMMUNITY RESIDENTIAL PROGRAMS, WORK/TRAINING RELEASE))PARTIAL CONFINEMENT, REENTRY CENTERS and ELECTRONIC HOME DETENTION

The purpose of this chapter is to set forth the rules and regulations governing the administration of the department's ((work/training release))partial confinement programs.

(1) "Secretary" is the secretary of the department of corrections or ((his/her))their designee.

(2) "Department" is the department of corrections.

(3) (("Work/training release facility))"Partial confinement" is reentry centers or electronic home detention programs operated by the department.

(4) "Community corrections supervisor" is a staff member assigned by the ((community corrections regional))senior reentry administrator(s) to administer and supervise a specific ((work/training release facility))partial confinement program and includes ((his/her))their designee.

(((4) "Work/training release community corrections officer"))(5) "Partial confinement community corrections officer or reentry specialist" is a staff member also known as a "case manager" assigned by the ((work/training release facility))partial confinement supervisor, also known as the community corrections supervisor to supervise and counsel a caseload of ((work/training release residents at a specific work/training release facility))individuals assigned to a reentry center or electronic home detention.

(((5)))(6) "Contract staff" is the staff member(s) of an agency under contract to the department of corrections to provide housing and monitoring for ((work/training release residents))reentry center individuals.

(((6) "Work/training release offender"))(7) "Partial confinement individual" is any ((offender))individual committed to or transferred to the department's custody pursuant to a valid criminal conviction who has been approved by the department for placement in a designated ((work/training release facility))reentry center or on electronic home detention.

(((7)))(8) "Sponsor-escort" is a responsible citizen ((assigned))screened and approved to escort and monitor ((a resident))an individual during official and social activities outside of the ((work/training release facility))reentry center.

(((8) "Work/training release facility"))(9) "Partial confinement program" is an establishment approved for housing and monitoring of ((work/training release residents))reentry center individual during the ((resident's))individual's stay in a ((work/training release program))reentry center. It also includes individuals who have been screened and approved for placement on electronic home detention.

(((9) "One working day"))(10) "Business day" is a nine-hour day, 8:00 a.m. to 5:00 p.m. excluding weekends and holidays.

(((10)))(11) "Hearing officer" means an employee of the department authorized to conduct disciplinary/department hearings.

(((11)))(12) "Hearings program administrator" means the administrator of the hearings unit of the department, or the hearing program administrator's designee.

Reasonable payment, as determined by the department ((of)), for board and room charges will be deducted from the ((work/training release residents'))reentry center individuals' earnings. For purposes of this section, earnings shall constitute all income and money received or possessed by the ((work/training release offender))reentry center individual while under ((a work release))an approved partial confinement plan. Nothing in this section shall prohibit the department's authority to obtain reimbursement for moneys advanced to a ((work/training release offender))reentry center individual by the department.

The secretary or ((his or her))their designee may grant or deny ((work/training release))placement in partial confinement programs as authorized by chapter 72.65 RCW subject to the rules of this chapter.

((Work/training release))Partial confinement may be authorized for one or more of the following:

(1) To participate in full-time employment or part-time employment at specialized programs;

(2) To participate in a vocational training program, including attendance at an accredited college.

(3) To secure services to support transition back to the community.

(4) As a sanction for violating ((community supervision))electronic home detention conditions.

(1) An ((offender))individual is eligible for ((work/training release))partial confinement programs provided that:

(a) ((He or she))Individual has a minimum security status;

(b) ((He or she))Individual is within the last ((one hundred eighty))180 days of their confinement.

(2) ((Offenders))Individual convicted of rape in the first degree shall not be eligible for ((work/training release))partial confinement programs at any time during the first three years of confinement.

(3) ((Offenders))Individual convicted of murder first degree are not eligible for ((work/training release))partial confinement programs, without the written approval of the secretary.

(4) ((Offender))Individual who violates condition(s) of ((community supervision))electronic home detention and is sanctioned to a reentry center for a term less than ((one hundred eighty))60 days.

(1) Based on the ((offender's))individual's request to participate in ((a work release))partial confinement programs and/or the ((offender's))individual's need to transition through a ((work release))partial confinement program(s), the ((facility))prison classification review team will refer the ((offender))individual to the appropriate program.

(2) The ((community corrections officer can))case manager may make recommendation for placement in a ((work release program))reentry center as a result of violation of conditions of ((supervision))electronic home detention in the community.

(1) The ((work/training release facility supervisor or his or her designee))partial confinement programs supervisor/designee shall screen the ((offenders))individual's referred to the programs.

(2) The ((work/training release))partial confinement programs participation is subject to a screening process ((will be)) based on established criteria.

(1) The ((work release))partial confinement programs supervisor or designee's screening decision will be documented by the ((work/training release facility))partial confinement programs supervisor/designee ((on the offender tracking system))in the individual's electronic file indicating the action taken.

(2) Approved ((offenders))individuals will be placed in the program based on priority with high risk ((offenders))individuals being placed first. Disapproved ((offenders))individuals can obtain the reasons for the denial, as documented ((on))in the ((offender tracking system))individual's electronic file.

The work or training site shall be within reasonable commuting distance (in most circumstances not more than ((fifty))50 miles) of the ((work/training release facility))partial confinement program in which the ((offender))individual is confined.

(1) At the time of admission, each ((work/training release offender))partial confinement individual shall be advised in writing of:

(a) Program goals and services available.

(b) Rules governing conduct and program rules.

(c) Incentives earned, as defined in policy, for positive behavior and program completions.

(d) Disciplinary action which may be taken in the event of a serious ((infraction or)) violation of rules or special conditions. To include, but not be limited to:

(i) Remain confined to the ((work/training release))partial confinement premises at all times other than the time necessary to implement the plan or when authorized under WAC 137-56-140. Any ((work/training release resident))partial confinement individual approved for placement under a ((work/training release))partial confinement plan who willfully fails to report to his or her designated assignment or return to the designated place of confinement at the time specified may be deemed an escapee and fugitive from justice, and upon conviction shall be guilty of a felony and sentenced in accordance with state law.

(ii) Have employment or other approved resources in order to maintain ((himself or herself))themselves financially.

(iii) Not consume, ingest, inject, or possess nonprescription narcotic or "dangerous" drugs or controlled substances, or any mood altering drug, or alcoholic beverages.

(iv) Report all income to the ((work/training facility supervisor or his or her designee))partial confinement programs supervisor/designee. All income, for individual's in a reentry center, from any source shall be immediately placed in the ((resident's inmate))individual's banking account by the ((facility))reentry center supervisor or ((his/her))their designee. A receipt will be issued.

(2) All amendments or additions to disciplinary rules, policies, and procedures shall be posted at a specifically designated place or places in each ((work/training release facility))reentry center in advance of their effective date if possible and for at least ((thirty))30 days after their effective date. ((Work/training release offenders))Partial confinement individuals shall be responsible for informing themselves of such postings. Complete and up-to-date copies of these rules and all program rules shall be available at each ((work/training release facility for examination))reentry center and provided to each individual on electronic home detention for review.

(3) The ((work/training release facility))partial confinement programs supervisor shall ensure that each ((work/training release resident))individual has the opportunity to understand rules which relate to ((his/her))their conduct. If the ((resident))individual is unable to read or understand English, the rules shall be read to ((him/her promptly in his/her))them promptly in their accustomed language.

(4) All ((offenders))individuals will receive orientation within ((forty-eight))48 hours of ((arrival))placement in a partial confinement program. Orientation must be completed before the ((offender))individual can leave the ((facility))reentry center or leave the approved electronic home detention location. The ((offender))individual must sign the appropriate form indicating ((he/she))they will comply with all the ((work release))partial confinement programs policies and program rules.

The definitions and serious violations described herein apply to individuals committed to partial confinement programs.

For the purposes of serious violations, the following terms have the following meanings:

(1) Assault - A physical attack upon the body of another person. The attack may be made with any instrument including, but not limited to, weapons, body parts, food products, or bodily secretions.

(2) Attempting - Putting forth an effort to commit any violation.

(3) Bodily harm - Physical pain or injury, illness, or impairment of physical condition.

(4) Conspiring - Entering into an agreement with another person(s) to commit a violation.

(5) Individual – Offender or inmate as defined in RCW 72.09.015.

(6) Possessing - When an item(s) is found on an individual or in an individual's assigned area of responsibility.

(7) Sex act - Includes, but is not limited to, any of the following acts: Genital-genital, oral-genital, anal-genital, or oral-anal contact/penetration; genital or anal contact/penetration with an inanimate object; masturbation; sadistic/masochistic abuse; bondage; bestiality; and/or bodily excretory behavior which appears to be sexual in nature.

(8) Sexual assault against a staff member - An incident in which one or more of the following actions is taken or threatened against a staff member without his/her consent or when he/she is unable to consent or refuse:

(a) Contact between genitalia (i.e., penis, vagina) or between genitalia and the anus involving penetration, however slight. This does not include kicking, grabbing, or punching genitals when the intent is to harm or debilitate rather than to sexually exploit.

(b) Contact between the mouth and the penis, vagina, or anus.

(c) Penetration of the anal or genital opening of the staff member by hand, finger, or other object.

(9) Sexual contact against a staff member - Contact against a staff member without his/her consent or when the staff member is unable to consent or refuse which includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttock of the staff member. This does not include kicking, grabbing, or punching when the intent is to harm or debilitate rather than to sexually exploit.

(10) Sexual harassment against a staff member, visitor, or community member - Any word, action, gesture, or other behavior taken against a staff member, visitor, or community member that is sexual in nature and that would be offensive to a reasonable person.

(11) Staff member - A department of corrections employee, contract staff, or volunteer.

(12) Violation - The act of failing to comply with a rule enumerated in this chapter.

(1) The secretary may adopt and/or revise serious violations.

(2) Before adopting or revising a serious violation, the secretary shall, when applicable, follow the rule-making procedures of chapter 34.05 RCW, Administrative Procedure Act.

(3) Nothing herein shall be construed as limiting the department of corrections' exclusion from the Administrative Procedure Act under RCW 34.05.030 (1)(c).

((Refer to chapter 137-25 WAC, serious infractions.))(1) Any of the following types of behavior may constitute a serious violation. Attempting or conspiring to commit one of the following violations, or aiding and abetting another to commit one of the following violations, shall be considered the same as committing the violation.

(1) In meeting its responsibilities for providing supervision of ((offenders))individuals in the ((program))reentry center(s), the following will be provided ((at the work release facility)):

(((1)))(a) Staff on duty ((twenty-four))24 hours a day, seven days a week;

(((2)))(b) A check-in and check-out system to ensure that the stated whereabouts of the ((offender))individual is known at all times, including telephonic and on-site checks at school, work, furlough, sponsored outing, pass, etc.;

(((3)))(c) Bed checks or head counts to account for the ((resident's))individual's whereabouts; a minimum of three counts daily shall be required;

(((4)))(d) Provide adequately for the ((resident))individual with respect to sleeping quarters, bathroom facilities, and accommodations for cooking, dining, lounging and leisure time activities;

(((5)))(e) Comply with state and local fire codes and applicable building, safety, and sanitation codes.

A ((work/training release offender))partial confinement individual shall be confined to the ((facility))reentry center/approved residence at all times except:

(1) When seeking or arranging for registration at a school or training facility;

(2) When working at paid employment or attending a training facility in a vocational or academic program;

(3) When in a reentry center, authorized a point-to-point pass not to exceed two hours, excluding travel, for the purpose of transacting personal business including a treatment regimen, between the hours of 7:00 a.m. and 10:00 p.m. and/or outside that time frame with written permission of the ((facility))reentry center supervisor or designee;

(4) When authorized to participate in social and recreational activities ((in company with a))accompanied by an authorized sponsor-escort between 8:00 a.m. and midnight;

(5) When on furlough;

(6) When on authorized medical/mental health appointments, substance use disorder treatment, or court appearances;

(7) When ordered to perform community service/restitution;

(8) When seeking employment ((as approved)) on an approved job search pass;

(9) When on electronic home detention, movement allowed as approved by the case manager/designee.

(1) A sponsor-escort shall be a responsible citizen who shall accompany and monitor a ((work/training release offender))reentry center individual during a preapproved social or recreational activity. The sponsor-escort must be approved by the ((work/training release facility supervisor or designee))reentry center supervisor/designee; and the sponsor and ((resident))individual must sign an agreement with the department which describes his or her responsibilities.

(2) Persons who are on active/inactive felony probation or parole or under an active SRA sentence, shall not be approved as sponsor-escorts. Persons who have a past felony conviction and who have earned a discharge may be approved as sponsor-escorts on an individual basis by the ((work release supervisor, or his or her designee))reentry center supervisor/designee.

(3) Sponsor-escorts must complete a sponsor orientation provided by the ((work/training release facility))case manager at the reentry center before eligibility under this section.

(4) Sponsor-escorts may not be party to an active no-contact order with the ((offender))individual.

At any time after approval has been granted to any ((work/training release offender))partial confinement program individual to participate in the ((work/training release)) program, such approval may be revoked, and the ((offender))individual may be sent to a state correctional institution or jail. A ((work release offender))partial confinement individual may be terminated from the program as a result of a disciplinary or classification decision or the following:

(1) If requested in writing by the ((work/training release offender))partial confinement individual;

(2) If the ((work/training release offender))partial confinement individual lacks aptitude for the assignment or is improperly placed; or

(3) If the ((work/training release offender))partial confinement individual has been unable to adjust or adapt to the conditions of the ((work/training release facility))partial confinement program; or

(4) If the ((work/training release offender's))partial confinement individual's situation and circumstances have significantly changed; or

(5) If the individual is on electronic home detention and their circumstances, situation or living arrangements change, they may be returned to a reentry center to develop a new plan; or

(6) If the ((work/training release offender))partial confinement individual has failed to comply with federal or state laws or local ordinances.

(1) If disciplinary action is proposed, the ((work/training release facility))partial confinement program supervisor or ((community corrections officer))case manager may suspend the ((work/training release))partial confinement plan and place the ((offender in custody))individual in total confinement pending a formal disciplinary hearing.

(2) The ((work/training release facility))partial confinement program supervisor or designee shall advise the ((offender))individual in writing of the factual allegations which provide the basis for the proposed disciplinary action within one working day after the suspension of the ((work/training release))partial confinement plan.

(3) If the ((work/training release))partial confinement plan is not suspended pending the disciplinary hearing, then the ((facility))program supervisor or designee shall advise the ((offender))individual at least ((twenty-four))24 hours prior to the scheduled hearing.

(4) The factual allegations may be amended and/or new allegations added at any time prior to the disciplinary hearing, provided that the ((work/training release offender))partial confinement individual shall have notice of such new and/or amended allegations at least ((twenty-four))24 hours prior to the disciplinary hearing unless such notice shall be waived in writing by the ((offender))individual.

When addressing serious ((infractions))violations, the ((work/training release community corrections officer))partial confinement case manager may, with the ((facility))partial confinement supervisor's permission, choose to address the ((infraction))violation behavior through a reentry support team intervention meeting, or using ((either)) a department authorized stipulated agreement or the negotiated sanction agreement process.

(1) A ((work/training release offender))partial confinement individual served with allegations providing the basis for a proposed disciplinary action shall be notified in writing that a hearing has been set before department hearing officer. An allegation involving the commission by the ((offender))individual of a serious ((infraction))violation may be amended at anytime by the department, provided that ((twenty-four))24 hours notice be given to the ((offender))individual or the ((offender))individual agrees in writing to waive notice to respond to the allegations. The hearing will be held within eight working days of the suspension of the ((work/training release))partial confinement plan, unless a longer time is approved by the hearings program administrator or ((his or her))their designee. The written notice of hearing shall be given to the ((offender))individual at least ((twenty-four))24 hours before the hearing unless notice is waived, in writing, and advise the ((offender of his or her))individual of their rights, including the following:

(a) The ((offender))individual shall be present at all stages of the hearing, except during deliberation in appropriate circumstances.

(b) The ((offender))individual shall present ((his or her))their own case to the hearing officer. If there is a language or communications barrier, the hearing officer shall appoint an advisor.

(c) The ((offender))individual may have an attorney present at ((his/her))their expense, only when a felony has been alleged. Such representation is limited to advising the ((offender of his or her))individual of their rights to remain silent, and does not include the right to act as an advocate throughout the hearing.

(d) The ((offender))individual may testify during the hearing or remain silent, and ((his or her))their silence will not be held against ((him or her))them.

(e) The ((work/training release offender))partial confinement individual may, in preparation for the hearing, ask the hearing officer that certain department or contract staff members, other ((work/training release offenders))partial confinement individuals, and other persons be present as witnesses at the hearing. The hearing officer shall grant such request if it is determined by the hearing officer that to do so would not be unduly hazardous to the ((work/training release))partial confinement facility's safety or correctional goals: Provided, however, limitations may be made by the hearing officer if the information to be presented by the witnesses is deemed to be irrelevant, duplicative, or unnecessary to the adequate presentation of the ((work/training release offender's))partial confinement individual's case.

(2) Attendance at the hearing shall be limited to parties directly concerned. The hearing officer may exclude unauthorized persons.

(3) Hearings shall be recorded and a copy of the recording maintained in accordance with the statewide retention schedule.

(1) At any time after having been served with an allegation providing the basis for a proposed disciplinary action, the ((offender))individual may choose to waive ((his or her))their right to a hearing by signing an admission of the allegation and request that the hearing be dispensed with entirely or limited only to questions of disposition. Also, the ((offender))individual may waive, in writing, the ((twenty-four))24 hour notice.

(2) The ((offender))individual may admit in writing to part of the allegations and thereby limit the scope of the hearing.

(3) In those cases where the allegation involves misbehavior or other culpability on the part of the ((offender, he or she))individual, they shall be advised in writing that in admitting the violation and waiving the hearing, a report will be submitted which may result in the loss of ((work/training release))partial confinement status, good time credits and/or the extension of the minimum term.

(1) All relevant and material evidence is admissible which, in the opinion of the hearing officer, is the best evidence reasonably obtainable having due regard for its necessity, availability, and trustworthiness.

(2) All evidence material to the issues raised in the hearing shall be offered into evidence. All evidence forming the basis for the hearing officer's decision in a matter shall be offered into evidence.

(3) The ((work/training release offender))partial confinement individual shall be allowed to call witnesses approved by the hearing officer pursuant to WAC 137-56-180 (1)(e) and to present documentary evidence in ((his/her))their defense at the hearing when permitting the ((work/training release offender))partial confinement individual to do so will not be unduly hazardous to the ((work/training release facility's))partial confinement program's safety or correctional goals unless the testimony to be presented by the witness and/or the information desired to be presented is deemed by the hearing officer to be irrelevant, immaterial, unnecessarily duplicative of other information and/or testimony before the hearing officer, or otherwise found to be unnecessary to the adequate presentation of the ((work/training release offender's))partial confinement individual's case. The testimony of all witnesses from outside the ((work/training release facility))partial confinement program shall be considered in writing. In the event the hearing officer determines that the presence of a witness is appropriate, the hearing officer should call the witness, or in its discretion, may continue the hearing if the witness is unavailable, but will become available within a reasonable period of time: Provided, however, that if the witness is unavailable, the hearing officer may, in his or her discretion, consider the written testimony previously submitted.

(4) The ((work/training release offender))partial confinement individual may question witnesses against ((him/her))them at the discretion of the hearing officer. If the hearing officer determines that a source of information would be subject to risk or harm if ((his/her))their identity were disclosed, testimony of the confidential source may be introduced by the testimony of a staff member. The confidential testimony may be provided by the source or by the written and signed statement of the source. If the staff member to whom the source provided information is unavailable, the written statement of this staff member may be used. The hearing officer shall, out of the presence of all ((work/training release offenders))partial confinement individuals and off the record, identify the confidential source, and how the testifying staff member received the confidential information. The staff member presenting the information from a confidential source shall identify the source and the circumstances surrounding the receipt of the confidential information to the hearing officer, off the record. The hearing officer shall make an independent determination regarding the reliability of the confidential source, the credibility of the confidential information, and the necessity of not revealing the source of the confidential information. In determining whether the confidential source is reliable and the confidential information is credible, the hearing officer should consider all relevant circumstances including, but not limited to:

(a) Evidence from other staff members that the confidential source has previously given reliable information;

(b) Evidence that the confidential source had no apparent motive to fabricate information;

(c) Evidence that the confidential source received no benefit from providing the information;

(d) Whether the confidential source is giving first-hand information;

(e) Whether the confidential information is internally consistent and is consistent with other known facts; and

(f) The existence of corroborating evidence.

The hearing officer shall also determine whether safety concerns justify nondisclosure of the source of confidential information. The reliability and credibility determination and the need for confidentiality must be made on the record.

(5) Documentary evidence, including written statements submitted by interested parties on behalf of the ((offender))individual, may be received. Such evidence may include copies of documents, excerpts from documents and incorporation of written material by reference, including depositions.

(6) The hearing officer should determine if the ((offender))individual is competent to understand the charges and proceedings or needs an interpreter to participate therein. If the ((offender))individual is not competent or needs an interpreter, the hearing officer should postpone the hearing to secure a report on the competency of the ((offender))individual, provide an interpreter, or take such other action as will assure the fairness and orderliness of the hearings.

(1) At the conclusion of the hearing, the hearing officer will make a finding of fact as to whether or not the allegations made against the ((offender))individual have been proven by a preponderance of the evidence presented at the hearing.

(2) If the hearing officer determines that the allegations have not been proven by a preponderance of the evidence presented at the hearing, the ((offender))individual shall be restored/continued on ((work/training release))partial confinement status.

(3) If the hearing officer determines that one or more of the allegations have been proven by a preponderance of the evidence presented at the hearing, the hearing officer will proceed to a disposition.

(1) The hearing officer shall seek and consider input from the ((community corrections officer, the facility contract staff))case manager, the reentry center contract/custody staff, if applicable, and pertinent treatment providers.

(2) The hearing officer will consider the ((offender's))individual's total background, any previous interventions, adjustment on ((work/training release))partial confinement, attitude, recommendations of interested parties, and any other information relative to the ((offender's))individual's ability to continue ((in the program))on partial confinement. The hearing officer shall make a determination as to whether or not the ((offender))individual has earned good time credits toward release, and whether the matter should be referred to the indeterminate sentence review board or the court for possible increase in the inmate's or ((offender's))individual's minimum term.

(3) The ((offender))individual shall be present at all stages of the hearing, except for deliberation and even during deliberation when appropriate, and shall have the opportunity to make argument in ((his or her))their own behalf.

(1) The hearing officer may:

(a) Restore the ((work/training release offender to his or her work/training release))partial confinement individual to their partial confinement status under the same or modified conditions as the original plan; or

(b) Restrict the ((offender))individual to the ((work/training release facility))partial confinement program for up to ((thirty))30 days; or

(c) Require restitution be made by the ((work/training release offender))partial confinement individual; or

(d) Require extra duty to be performed by the ((offender))individual; or

(e) Revoke approval of an approved sponsor; or

(f) Deny good conduct time; or

(g) Terminate the ((work/training release))partial confinement plan and return the ((work/training release offender to an institution/jail, or facility))partial confinement individual from a reentry center to a prison/institution/jail, or an electronic home monitoring individual to a reentry center or a prison/institution/jail.

(2) Nothing in this section shall preclude subsequent reclassification of the ((work/training release offender))partial confinement individual or placement into administrative segregation if demonstrable cause exists to support this action and is approved by the administrator.

(3) The hearing officer shall notify the ((offender))individual orally within one working day and confirm the decision in writing within five working days. The written decision shall specify the evidence upon which the hearing officer relied and shall include a description of the circumstances surrounding the allegation(s) upon which the termination of the ((work/training release))partial confinement is based, the reasons for the decision, a discussion of the ((offender's))individual's personal culpability in the actions which have led to the termination, and an evaluation of the ((offender's))individual's progress, attitudes, need for further programs including ((work training))reentry center alternatives.

The ((offender))individual may appeal the decision of the hearing officer to the area appeals panel. Appeal requests must be in writing, must be specific and based on objection to the procedures used or the information available to the hearing officer in making his or her decision. Appeals must be submitted within seven calendar days of the hearing officer's written decision. For reasons of community protection, all sanctions ordered by the hearing officer will be imposed following the hearing and will not be stayed. The appeals panel, upon receipt of an appeal, will review the findings and decision of the hearing officer and either:

(1) Affirm, or affirm and modify to a lesser sanction the decision of the hearing officer; or

(2) Reverse the decision of the hearing officer; or

(3) Remand for a rehearing.

WAC 137-56-170 through 137-56-260 shall not apply to the termination of a ((work/training release))partial confinement plan pursuant to WAC 137-56-160 (2)(a), (b), or (c). WAC 137-56-080 and 137-56-170 through 137-56-260 shall not apply to the termination or modification of a ((work/training release))partial confinement plan by the secretary pursuant to WAC 137-56-160(1).