WSR 01-07-052

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed March 16, 2001, 3:37 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Family child day care minimum licensing requirements, chapter 388-155 WAC.

Purpose: To provide minimum licensing requirements for family child care homes. February 24, 2000, thirty-eight sections of chapter 388-155 WAC were amended. All were changed, in compliance with the governor's order to simplify and clarify, to say "must" instead of "shall." This adoption will change "shall" to "must" in the rest of chapter 388-155 WAC. This will create a smoother and clearer document. Also, the area code needs to be added to WAC 388-155-270 (6)(c).

Other Identifying Information: Change "shall" to "must" throughout the text. Specific numbers are WAC 388-155-020, 388-155-040, 388-155-050, 388-155-060, 388-155-080, 388-155-085, 388-155-090, 388-155-092, 388-155-093, 388-155-094, 388-155-095, 388-155-098, 388-155-160, 388-155-190, 388-155-330, 388-155-370, 388-155-380, 388-155-420, 388-155-480, 388-155-605, 388-155-610, 388-155-630, 388-155-640, 388-155-650, 388-155-660, 388-155-670 and 388-155-680; and add area code in WAC 388-155-270 (6)(c), which was inadvertently omitted.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: RCW 74.15.030.

Summary: WACs cited above will have the word "shall" changed to "must." This will make the intent more clear throughout the text. Area code that was inadvertently omitted will be added.

Reasons Supporting Proposal: Governor's initiative to clarify and simplify rules.

Name of Agency Personnel Responsible for Drafting: Leslie Edwards-Hill, 14th and Jefferson, Olympia, Washington 98504-5700, (360) 902-8041; Implementation and Enforcement: Rachael Langen, Office of Child Care Policy, (360) 902-8038.

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 word "shall" will be changed to "must" throughout the text, which will clarify the intent of the rule. This is also in conformity with the clear rule-writing style and principles. It will be easier for providers to understand that rules with "must" are mandatory.

An area code that was omitted will be added so that providers can utilize the phone number.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. One was prepared for the other WACs that were changed. This has no economic impact, it is simply a clarification of existing rules.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Blake Office Park (East), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on May 8, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by May 1, 2001, 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 May 8, 2001.

Date of Intended Adoption: No sooner than May 9, 2001.

March 15, 2001

Charles Hunter, Director

Administrative Services Division

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 01-08 issue of the Register.

Washington State Code Reviser's Office