WSR 09-23-091

EXPEDITED RULES

DEPARTMENT OF

VETERANS AFFAIRS

[ Filed November 17, 2009, 8:53 a.m. ]

     Title of Rule and Other Identifying Information: Amending chapter 484-20 [484-10] WAC to clarify the agency's authority to appoint individuals to the position of superintendent.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Heidi Audette, Washington State Department of Veterans Affairs, P.O. Box 41150, Olympia, WA 98504, fax (360) 725-2197, e-mail heidia@dva.wa.gov , AND RECEIVED BY January 18, 2010.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will provide clarification around filling the position of superintendent, in certain situations, specifically it will:

Clarify that the director may appoint an honorably discharged veteran to the position of superintendent in training while he or she complete an administrator in training program in order to become licensed.
Clarify that the director will appoint an on-site, full-time interim superintendent who is licensed, but not necessarily a veteran, while the superintendent in training completes the administrator in training program or in other temporary situations.

     Reasons Supporting Proposal: At times, the Washington state department of veterans affairs (WDVA) experiences challenges in identifying candidates qualified to be appointed the position of superintendent in a state veterans home. WDVA seeks candidates who are both honorably discharged veterans and licensed nursing home administrators. This proposal will provide clarity around the director's ability to appoint a veteran candidate to the position of superintendent in training while he or she completes an administrator in training program, and appoint an interim superintendent, who may or may not be a veteran, during this time or in other temporary instances.

     Statutory Authority for Adoption: RCW 43.60A.070.

     Statute Being Implemented: RCW 72.36.020.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington state department of veterans affairs, governmental.

     Name of Agency Personnel Responsible for Drafting: Heidi Audette, 1102 Quince Street S.E., Olympia, WA 98504, (360) 725-2154; Implementation and Enforcement: Washington State Department of Veterans Affairs, 1102 Quince Street S.E., Olympia, WA 98504, (360) 725-2154.

November 9, 2009

Heidi Audette

Communications Director

OTS-2791.1


AMENDATORY SECTION(Amending Order 7659, filed 7/28/77)

WAC 484-10-010   State veterans institutions.   (1) The Washington soldiers home and colony, ((and)) the Washington veterans home, and the eastern Washington veterans home shall have, respectively, a chief executive officer to be called a superintendent. The superintendent shall be directly responsible to the director or designee, of the department of veterans affairs, and as such shall be an honorably discharged veteran.

     (2) The superintendent shall be a licensed nursing home administrator in the state of Washington. In situations where a candidate is identified who is an honorably discharged veteran but not yet a licensed nursing home administrator in the state of Washington, the director may appoint the candidate to the position of superintendent-in-training, providing time for the candidate to complete an administrator-in-training program, approved by the Washington state department of health, and pass the nursing home administrators licensing examination. The candidate is eligible for appointment to the position of superintendent once he or she becomes a licensed nursing home administrator. The director will ensure that the facility is directed by an interim on-site, full-time superintendent who is a licensed nursing home administrator and who may or may not be a veteran, while the candidate is in training, or whenever a suitable candidate is not available.

[Order 7659, § 484-10-010, filed 7/28/77.]

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