WSR 13-22-071

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 5, 2013, 11:34 a.m.]

Subject of Possible Rule Making: Chapter 296-17B WAC, retrospective rating for workers' compensation insurance.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.18.005, 51.04.020, and 51.16.035.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Two petitions for rule making were received from members of the retrospective rating (retro) advisory committee. One petition addresses extending certain requirements currently in rule for group retro participants to businesses that enroll in individual retro plans. The second addresses retro enrollment requirements for businesses under common majority ownership.

This rule making is intended to open the dialog with the broader retro community and other stakeholders on these and other potential areas of the retro rules in order to ensure appropriate public input.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local or federal agency regulates this issue.

Process for Developing New Rule: Labor and industries will solicit public input by way of direct mailings, the retro web page, listserv, formal and informal meetings, including the retro advisory committee meetings.

We will reach out individually to and solicit input from retro group sponsors, members of association sponsored groups and to those employers who choose to enroll in individual retro plans and their representatives.

Labor and industries will use this input to formulate proposed changes to the existing rules. We will advise customers of future rule making by direct mailing, meetings and/or the internet.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Labor and industries will initiate communication through individual contact with enrolled parties; both groups and individually enrolled firms. We will also provide updates and status through the retrospective rating advisory committee and will post notices on the retro web page and listserv. Interested parties may request information on our rules process at http://www.lni.wa.gov/LawRule/ruleProcess.asp and may submit comments electronically to Tim.Smolen@Lni.wa.gov, by fax to (360) 902-4258 or by calling (360) 902-4851.

November 5, 2013

Joel Sacks

Director