PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-07-101.
Title of Rule: Your fair hearing rights regarding protective payment, WAC 388-265-1650; and repealing protective payee fees, WAC 388-265-1750.
Purpose: Repealing WAC 388-265-1750, this WAC is duplicated in several other sections in chapter 388-265 WAC.
Amending WAC 388-265-1650, this WAC is retitled and rewritten in simpler language to comply with Executive Order 97-02.
Statutory Authority for Adoption: RCW 74.08.090 and 74.08.280.
Statute Being Implemented: RCW 74.08.090 and 74.08.280.
Summary: Repeal WAC 388-265-1750, this WAC is duplicated in other parts of chapter 388-265 WAC and is no longer needed. WAC 388-265-1650, this WAC has been reworded to comply with Executive Order 97-02 for simplification of language.
Reasons Supporting Proposal: Revised version is easier to understand.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kay Hanvey, WorkFirst Division, (360) 413-3100.
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: This rule explains what rights a client has for fair hearings about their benefits being distributed through a protective payee. The new wording is easier to understand and more accurate.
Proposal Changes the Following Existing Rules: [No information supplied by agency.]
No small business economic impact statement has been prepared under chapter 19.85 RCW. Neither rule impacts small business.
RCW 34.05.328 does not apply to this rule adoption. Neither rule change meets the definition for a significant legislative rule.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 5, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by August 29, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by September 5, 2000.
Date of Intended Adoption: September 6, 2000.
July 28, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2803.1
((With the exception of
noncooperation with the office of support enforcement, a client
has the right to a fair hearing if the client is:
(1) Dissatisfied with the department's decision that a protective payment shall be made, continued, or changed; or
(2) Dissatisfied with the protective payee selected)) You have the right for a fair hearing if you disagree with:
(1) the department's decision to:
(a) assign payment of benefits through a protective payee,
(b) continue assignment, or
(c) change the protective payee to another provider.
(2) the contents of your protective payee plan; or
(3) the protective payee selected for you.
[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), § 388-265-1650, filed 5/3/94, effective 6/3/94. Formerly WAC 388-33-459.]
The following section of the Washington Administrative Code is repealed:
| WAC 388-265-1750 | Protective payee fees. |