PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Management Services Administration)
Subject of Possible Rule Making: The language interpretation services and translations (LIST) section of DSHS is proposing rules that incorporate LIST policies regarding examinations, fees and Code of Professional Conduct into rule. The proposed rules will also bring the section into compliance with a federal court decision regarding certification and qualification criteria for interpreters and translators providing services to the department. Finally, by establishing clear LIST regulations, the proposed rules will ensure equal access and due process requirements for the department's limited-English proficient clients. The proposed rules will be written in a "plain English" style.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090 Rule-making authority and enforcement, 74.04.025 Bilingual services for non-English speaking applicants and recipients, chapter 49.60 RCW, Discrimination--Human Rights Commission, and chapter 2.43 RCW, Interpreters for non-English-speaking persons.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules on this subject are needed to comply with the stipulation, agreement of settlement and consent order handed down in Reyes v. Thompson, United States District Court for Western District of Washington, 1991. Also, these proposed rules are a result of the department's Executive Order 97-02 regulatory improvement effort to incorporate policies into rules when appropriate, to develop new rules and regulations where necessary and write all policies and rules in clear, concise, easily understood language. Finally, DSHS has a legal obligation to provide equal access to department services to all of its clients, customers and vendors, especially LEP clients.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Office for Civil Rights of the United States Department of Health and Human Services, Washington State Department of Health, Washington State Department of Licensing and the Washington State Office of the Administrator of the Courts are other federal and state agencies that regulate this subject. Representatives from these agencies and offices will be contacted and invited to participate in the rule-making process. They will be given an opportunity to review and comment upon any proposed rules and will be given notice of the public hearing so that they can testify on the record if they wish.
Process for Developing New Rule: The department will develop, propose and adopt rules according to the Administrative Procedure Act process in chapter 34.05 RCW. LIST staff and stakeholders will develop the content of the proposed rules. Public comment and participation will be welcomed throughout the rule adoption process, especially during the public hearing and comment period.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. See Process for Developing New Rule above. For specific information regarding the proposed rules and the development/adoption process, contact Hungling Fu, Ph.D., Manager, Language Interpreter Services and Translations, Department of Social and Health Services, P.O. Box 45820, Olympia, WA 98504-5820, phone (360) 902-8113, e-mail FUHX@dshs.wa.gov, fax (360) 902-8128.
April 14, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit