WSR 14-23-074
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Operations Support and Services Division)
(Background Check Central Unit)
[Filed November 18, 2014, 11:44 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-13-065.
Title of Rule and Other Identifying Information: The operations support and services division, background check central unit, is coordinating with children's administration to repeal the following sections of chapter 388-06 WAC, Background checks: WAC 388-06-0010, 388-06-0020, 388-06-0100, 388-06-0110, 388-06-0120, 388-06-0130, 388-06-0140, 388-06-0150, 388-06-0160, 388-06-0170, 388-06-0180, 388-06-0190, 388-06-0200, 388-06-0210, 388-06-0220, 388-06-0230, 388-06-0240, 388-06-0250, and 388-06-0260.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on December 23, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than December 24, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., December 23, 2014.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, TTY (360) 664-6178, or (360) 664-6092, or e-mail Kildaja@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this coordinated rule making is to move children's administration background check requirements from chapter 388-06 WAC, WAC 388-06-0010 through 388-06-0260, to chapter 388-06A WAC. Under a separate CR-102, children's administration will create chapter 388-06A WAC and permanently adopt children's administration background check rules.
Reasons Supporting Proposal: This rule making is intended to resolve confusion and misapplication of program-specific background check requirements that exist because children's administration programmatic background check requirements are contained in the rule chapter for department-wide background check requirements.
Statutory Authority for Adoption: RCW 43.43.832.
Statute Being Implemented: RCW 74.15.030, 43.43.832, 43.43.837.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting: Cindy LaRose-Eatwell, FSA, Background Check Central Unit, (360) 902-8072; Implementation and Enforcement: Chris Parvin, Children's Administration, (360) 902-0770.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule revisions are part of a coordinated rule making with children's administration. These revisions remove children's administration background check requirements from chapter 388-06 WAC, WAC 388-06-0020 through 388-06-0260. Under a separate CR-102, children's administration will move their program-specific background check requirements to chapter 388-06A WAC. Children's administration has determined that the rules are adopted without material change and are consistent with RCW 43.43.832. If the rule is not adopted, it would be out of compliance with state law. There is no cost to small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. These rule revisions are part of a coordinated rule making with children's administration. These revisions remove children's administration background check requirements from chapter 388-06 WAC, WAC 388-06-0020 through 388-06-0260. Under a separate CR-102, children's administration will move their program-specific background check requirements to chapter 388-06A WAC. Children's administration has determined a cost-benefit analysis is not required under RCW 34.05.328 (5)(b)(iii). Rules are adopted by reference without material change to ensure the WAC is consistent with RCW 43.43.832. The rule content is dictated by statute.
November 17, 2014
Katherine I. Vasquez
Rules Coordinator
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 388-06-0010
What is the purpose of this chapter?
WAC 388-06-0020
What definitions apply to WAC 388-06-0100 through 388-06-0260 of this chapter?
WAC 388-06-0100
Why are background checks done?
WAC 388-06-0110
Who must have background checks?
WAC 388-06-0120
Who is not affected by this chapter?
WAC 388-06-0130
Does the background check process apply to new and renewal licenses, certification, contracts, and authorizations to have unsupervised access to children?
WAC 388-06-0140
What happens if I don't comply with the background check requirement?
WAC 388-06-0150
What does the background check cover?
WAC 388-06-0160
Who pays for the background check?
WAC 388-06-0170
Will a criminal conviction permanently prohibit me from being licensed, contracted, or authorized to have unsupervised access to children or to individuals with developmental disability?
WAC 388-06-0180
Are there other criminal convictions that will prohibit me from working with children or individuals with a developmental disability?
WAC 388-06-0190
If I have a conviction, may I ever have unsupervised access to children?
WAC 388-06-0200
Will I be disqualified if there are pending criminal charges on my background check?
WAC 388-06-0210
Will you license, contract, or authorize me to have unsupervised access to children if my conviction has been expunged, or vacated from my record or I have been pardoned for a crime?
WAC 388-06-0220
How will I know if I have not been disqualified by the background check?
WAC 388-06-0230
How will I know if I have been disqualified by the background check?
WAC 388-06-0240
What may I do if I disagree with the department's decision to deny me a license, certification, contract, or authorization based on the results of the background check?
WAC 388-06-0250
Is the background check information released to my employer or prospective employer?
WAC 388-06-0260
May I receive a copy of my criminal background check results?