WSR 02-03-119

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Office of the Secretary)

[ Filed January 22, 2002, 4:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-24-064.

Title of Rule: New section WAC 388-01-015 Does any provision of this title create a right or cause of action, or compel DSHS to establish a program or entitlement?

Purpose: DSHS seeks to adopt a new section of chapter 388-01 WAC to clarify the department's responsibilities where statute or regulations may be silent as to whether the statute or regulation created or implied a right of action or compelled the department to create a program or entitlement.

Statutory Authority for Adoption: RCW 42.17.250, 43.17.060,

Statute Being Implemented: RCW 42.17.250.

Summary: This rule is needed to address recent court decisions in which the court have found that legislation or administrative rules implied a right of action, or compelled an agency to establish a program or entitlement, because the legislation or rule was silent on whether it created or implied a right of action, or compelled the establishment of a program or entitlement.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bernard H. Friedman, Office of the Secretary, P.O. Box 45010, Olympia, WA 98504, (360) 902-7860.

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 new section of chapter 388-01 WAC to clarify the department's responsibilities where statute or regulations may be silent as to whether the statute or regulation created or implied a right of action or compelled the department to create a program or entitlement.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. The proposed rule is a significant legislative rule under RCW 34.05.328, but is exempt under RCW 34.05.328 (5)(b)(ii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 26, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 22, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@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, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., February 26, 2002.

Date of Intended Adoption: Not earlier than February 27, 2002.

January 17, 2002

Bonnie H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3032.1
NEW SECTION
WAC 388-01-015   Does any provision in this title create a right or cause of action, or compel DSHS to establish a program or entitlement?   No provision in Title 388 WAC creates or is intended to create any right or cause of action, or adds to or intends to add to any existing right or cause of action, nor may anything in Title 388 WAC be relied upon to compel the establishment of any program or special entitlement.

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Washington State Code Reviser's Office