WSR 02-21-096

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Juvenile Rehabilitation Administration)

[ Filed October 21, 2002, 4:41 p.m. ]

Original Notice.

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

Title of Rule: Amending WAC 388-720-0050 Powers of the administrative law judge.

Purpose: The proposed rule requires administrative law judges (ALJs) of the Office of Administrative Hearings (OAH) to enter final orders on Juvenile Rehabilitation Administration (JRA) cases determining parent/guardian financial responsibility to pay for support, treatment, and confinement.

Other Identifying Information: This proposed rule is being amended in coordination with the department changes to chapter 388-02 WAC, amending provisions related to Board of Appeals reviews. The proposed rule is being filed without prior filing of a CR-101 preproposal statement of inquiry. A CR-101 is not required for rules that "adopt, amend or repeal...a procedure, practice or requirement relating to agency hearings," RCW 34.05.310 (4)(g)(i).

Statutory Authority for Adoption: RCW 34.05.020, 13.40.220.

Statute Being Implemented: RCW 13.40.220, section 211, chapter 371, Laws of 2002.

Summary: See Purpose and Other Identifying Information above.

Reasons Supporting Proposal: This change in rule helps reduce the number of review petitions heard by the DSHS Board of Appeals. This change helps the department reduce expenditures as directed by section 211, chapter 371, Laws of 2002.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cheryl Sullivan-Colglazier, Program Administrator, P.O. Box 45720, 14th and Jefferson, Olympia, 98504-5720, (360) 902-8081.

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 proposed rule requires administrative law judges (ALJs) of the Office of Administrative Hearings (OAH) to enter final orders on Juvenile Rehabilitation Administration (JRA) cases determining parent/guardian financial responsibility to pay for support, treatment, and confinement. Previously the ALJ entered an initial decision and a party could petition DSHS for review. This change in rule helps reduce the number of review petitions heard by the DSHS Board of Appeals. This change helps the department reduce expenditures as directed by section 211, chapter 371, Laws of 2002.

Proposal Changes the Following Existing Rules: See Summary, Other Identifying Information, and Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposed rules amend procedures for entry and review of final orders for DSHS hearings, which does not create costs for small businesses.

RCW 34.05.328 does not apply to this rule adoption. The rules are "procedural rules" related to agency hearings and do not meet the definition of significant legislative rules, RCW 34.05.328 (5)(c)(i) and (iii).

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

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by November 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., November 26, 2002.

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

October 21, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3175.1
AMENDATORY SECTION(Amending WSR 00-22-019, filed 10/20/00, effective 11/20/00)

WAC 388-720-0050   Powers of the administrative law judge.   The administrative law judge in the ((initial decision)) final order rendered after the hearing conducted in accordance with WAC 388-720-0030 shall include the name and age of the juvenile in that ((decision)) final order. The administrative law judge shall also indicate the parent's or other legally obligated person's monthly liability amount for the period of the juvenile's confinement beginning with the date the child enters the custody of the department. The administrative law judge shall not establish in the ((decision)) final order any amount constituting a repayment figure of any accrued obligation of the parent but shall indicate in the ((decision)) final order that any accrued obligation shall be paid by the parent to the department's office of financial recovery (OFR) and that OFR will be responsible for determining the method of repayment of the parent's accrued obligation.

The administrative law judge shall also include a statement in the ((decision)) final order that the parent's financial obligation is collectible by OFR and that should the parent fail to comply with any payment plan entered into by OFR and the parent, or the parent fails to pay the amount set out in the ((decision)) final order, OFR shall be authorized to take legal collection action to recover the amounts due from the parent. Legal collection action can include, but is not limited to:

(1) The filing of liens against the real and personal property of the parent; or

(2) The issuance of a garnishment order against the wages, bank accounts, or other property of the responsible persons.

[Statutory Authority: RCW 13.40.220. 00-22-019, amended and recodified as 388-720-0050, filed 10/20/00, effective 11/20/00; 96-24-075, 275-47-050, filed 12/2/96, effective 1/2/97.]

Washington State Code Reviser's Office