EXPEDITED ADOPTION
SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)
Title of Rule: Chapter 388-78A WAC, Boarding home licensing.
Purpose: To change cross-references in chapter 388-78A WAC from chapter 246-316 WAC to chapter 388-78A WAC.
Statutory Authority for Adoption: RCW 18.20.240.
Statute Being Implemented: Chapter 18.20 RCW.
Summary: In 1998, the legislature transferred the responsibility for licensing and inspection of boarding homes from the Department of Health (DOH) to the Department of Social and Health Services (DSHS). Chapter 246-316 WAC contained the DOH regulations on boarding home licensing and inspection. At the request of DSHS, the code reviser recodified chapter 246-316 WAC to chapter 388-78A WAC. The internal cross-references within the text were not changed. For instance, WAC 388-78A-040(3) refers to WAC 246-316-045. The reference should be WAC 388-78A-045.
Reasons Supporting Proposal: Internal consistency - inspectors must cite regulations when issuing their findings, confusion results when the regulations contain reference to a nonexistent WAC chapter.
Name of Agency Personnel Responsible for Drafting: Patricia Hague, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, 753-0631; Implementation and Enforcement: Pat Lashway, P.O. Box 45600, Mailstop 45600, Olympia, WA 98504-5600, 493-2560.
Name of Proponent: Department of Social and Health Services, Aging and Adult Services Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: In 1998, the legislature transferred the responsibility for licensing and inspection of boarding homes from the Department of Health (DOH) to the department of Social and Health Services (DSHS). Chapter 246-316 WAC contained the DOH regulations on boarding home licensing and inspection. At the request of DSHS, the code reviser recodified chapter 246-316 WAC to chapter 388-78A WAC. The internal cross-references were not changed. For instance, WAC 388-78A-040(3) refers to WAC 246-316-045. The reference should be WAC 388-78A-045. Inspectors must cite regulations when issuing their findings, confusion results when the regulations contain reference to a nonexistent WAC chapter.
Proposal Changes the Following Existing Rules: In chapter 388-78A WAC, change any
reference to chapter 246-316 WAC to chapter 388-78A WAC. For instance, WAC 388-78A-040(3) refers to WAC 246-316-045. The reference should be WAC 388-78A-045.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Paige Wall, Rules Coordinator, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850 , AND RECEIVED BY July 7, 1999.
April 7, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 99-10 issue of the Register.