WSR 00-10-034

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Management Services Administration)

[ Filed April 24, 2000, 3:33 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-21-037.

Title of Rule: Chapter 388-02 WAC, DSHS hearing rules.

Purpose: Chapter 388-08 WAC, Practice and procedure -- Fair hearings, is being repealed and replaced by chapter 388-02 WAC, DSHS hearing rules. The proposed rules are the result of DSHS reviewing and updating rules according to Executive Order 97-02. The rules have been written in "plain English" using a question and answer format making them more understandable for our customers. The rules describe general procedures for resolution of disputes between DSHS and its clients, vendors, contractors, and customers. It also explains the DSHS hearing process so a lay person can understand it. These rules supplement the procedural provisions of chapter 34.05 RCW, Administrative Procedure Act and chapter 10-08 WAC, Model rules of the Office of Administrative Hearings.

Statutory Authority for Adoption: RCW 34.05.020.

Statute Being Implemented: RCW 34.05.220.

Summary: Chapter 388-08 WAC, Practice and procedure -- Fair hearings, is being repealed and replaced with chapter 388-02 WAC, DSHS hearing process; the definitions in this chapter have been alphabetized; DSHS is used to indicate the department for consistency; questions are used in the rule to help users find information easily; the section on "Separate hearing regarding disclosure of investigative and intelligence files" has been deleted as they are no longer used; equitable estoppel is updated to reflect department policy; fair hearing guidelines have been incorporated into the rule; legal concepts have been explained; DSHS authority regarding stays has been clarified; and the time period for vacating orders of dismissal has been extended.

Name of Agency Personnel Responsible for Drafting and Implementation: Marie Myerchin-Redifer, Mailstop 45850, Lacey, WA 98504-5850, (360) 664-6093; and Enforcement: Kennith Harden, OB 2, (360) 902-7792.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules describe general procedures for resolution of disputes between DSHS and its clients, vendors, contractors, and customers. The rules also explain the DSHS hearing process. These rules supplement procedural provisions of the Administrative Procedure Act and OAH model rules. They have been written in "plain English" using a question and answer format making them more understandable and easier to use for our clients, vendors, contractors and customers as required by Executive Order 97-02.

Proposal Changes the Following Existing Rules: Chapter 388-08 WAC, Practice and procedure -- Fair hearings, is being repealed. The proposed rules are new rules relating to the DSHS hearing process and are written with much more detail than the previous rules. The rules were written using clear rule-writing techniques.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule impacts all clients, vendors, and customers of DSHS equally. The rules do not have a disproportionate impact on small business.

RCW 34.05.328 does not apply to this rule adoption. This rule is a procedural rule relating to the DSHS hearing process. RCW 34.05.328 does not apply to procedural rules.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on June 27, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Fred Swenson by June 20, 2000, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensfh@dshs.wa.gov.

Submit Written Comments to: Chapter 388-02 WAC, Marie Myerchin-Redifer, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by June 27, 2000.

Date of Intended Adoption: September 1, 2000.

April 17, 2000

Edith M. Rice, Chief

Office of Legal Affairs

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 00-11 issue of the Register.

Washington State Code Reviser's Office