WSR 99-06-044

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Management Services Administration)

[ Filed February 26, 1999, 3:20 p.m. ]

Date of Adoption: February 26, 1999.

Purpose: Management Services Administration (MSA) is repealing WAC 388-320-350 through 388-320-370, dealing with requests to DSHS for declaratory petitions and orders. Agencies issue declaratory orders in response to a petition for a declaratory order, a request to an agency to determine questions of rights. These DSHS WACs duplicate WAC 10-08-250 through 10-08-252. These rules are the "model rules," which agencies follow if and when they do not adopt their own. MSA is adopting a new rule, WAC 388-320-375, which references the model rules and provides an address for filing petitions with DSHS.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-320-350, 388-320-360, and 388-320-370.

Statutory Authority for Adoption: RCW 74.08.090, 34.05.220, 34.05.240, 34.05.250.

Adopted under notice filed as WSR 99-03-076 on January 19, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 3.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 3. Effective Date of Rule: Thirty-one days after filing.

February 26, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2529.3
NEW SECTION
WAC 388-320-375
How do I file petitions for declaratory orders?

(1) First, read the information on declaratory orders in RCW 34.05.240 and WAC 10-08-250, 10-08-251, and 10-08-252.

(2) Next, file your petition with the Rules and Policies Assistance Unit; DSHS; P.O. Box 45850; Olympia, WA 98504-5850.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-320-350Declaratory orders--Forms, content, and filing.
WAC 388-320-360Declaratory orders--Procedural rights of persons in relation to petition.
WAC 388-320-370Declaratory orders--Disposition of petition.

Washington State Code Reviser's Office