WSR 00-10-094

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Management Services Administration)

[ Filed May 2, 2000, 3:04 p.m. ]

Original Notice.

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

Title of Rule: Chapter 388-08 WAC, Practice and procedure -- Fair hearings.

Purpose: Chapter 388-08 WAC, Practice and procedure -- Fair hearings, is being repealed and replaced by chapter 388-02 WAC, DSHS hearing rules.

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Summary: Chapter 388-08 WAC, Practice and procedure -- Fair hearings, is being repealed and replaced with chapter 388-02 WAC, DSHS hearing process.

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, OB2, (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of Rule, its Purpose, and Anticipated Effects: Chapter 388-08 WAC, Practice and procedure -- Fair hearings, is being repealed and replaced by chapter 388-02 WAC, DSHS hearing rules.

Proposal Changes the Following Existing Rules: It repeals the existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules are being repealed.

RCW 34.05.328 does not apply to this rule adoption. These rules are being repealed.

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.

May 2, 2000

Edith M. Rice, Chief

Office of Legal Affairs

2748.1
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-08-410 Application of chapter 388-08 WAC.
WAC 388-08-413 Application for an adjudicative proceeding.
WAC 388-08-425 Administrative law judge (ALJ) -- Authority -- Application of law -- Assignment -- Disqualification.
WAC 388-08-428 Representation.
WAC 388-08-431 Prehearing conference.
WAC 388-08-434 Notice of hearing.
WAC 388-08-437 Filing and service of papers.
WAC 388-08-440 Vacating an order of dismissal for reason of default or withdrawal.
WAC 388-08-446 Subpoenas.
WAC 388-08-449 Teleconference hearing.
WAC 388-08-452 Rules of evidence.
WAC 388-08-461 Contents of orders.
WAC 388-08-462 Corrected decision.
WAC 388-08-464 Petition for review -- Response to petition -- Disqualification of review judge.
WAC 388-08-466 Procedure on review by review judge.
WAC 388-08-470 Reconsideration.
WAC 388-08-515 Notice to limited-English-speaking parties.
WAC 388-08-525 Interpreters.
WAC 388-08-535 Group hearing.
WAC 388-08-545 Continuance.
WAC 388-08-555 Separate hearing regarding disclosure of investigative and intelligence files.
WAC 388-08-565 Computation of time.
WAC 388-08-575 Judicial review of final adjudicative order.
WAC 388-08-585 Equitable estoppel.

Washington State Code Reviser's Office