Subject of Possible Rule Making: Brief adjudicative proceedings (BAP), expanding applicability to new category types including interstate compacts. The department of health (department) is considering amending WAC 246-10-501 and 246-11-420 to add specific categories of hearings eligible for BAP. These amendments are intended to streamline the hearing process while maintaining fairness and due process for applicants across programs regulated by the department and its boards and commissions.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.40, 34.05.413, 34.05.482, 34.05.485, and 18.130.050; and chapters 18.71B and 18.74 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering amending WAC 246-10-501 and 246-11-420 to expand the types of categories of hearings eligible for BAP, a streamlined legal process authorized under the Administrative Procedure Act, chapter 34.05 RCW. BAPs are designed to provide due process protections while increasing efficiency and reducing the complexity of administrative hearings. Under RCW 34.05.482, agencies may use BAP when four conditions are met: (1) No violation of law; (2) no need for broader public participation; (3) the matter falls entirely within agency jurisdiction and applicable rules permit BAP; and (4) no statutory requirement for a different process.

Recently, various laws establishing Washington participation in interstate compacts for various provider types have passed. Denials of eligibility may be appealed but do not result in discipline or National Practitioner Data Bank reporting and therefore qualify for BAP. Other legislation involving applications for such things as milk bank certification and 988 crisis call center hub designation have recently passed, the denials of which also would qualify for BAP. The department will consider adding these application determinations as well as pharmacy ancillary utilization plan decisions, and other categories of hearings eligible for BAP.

The department previously filed CR-101s on this subject under WSR 21-21-105 (filed October 18, 2021) and 24-08-043 (filed March 24, 2024). These filings will be rescinded in order to consolidate the efforts into a single rule making with expanded scope and improved clarity.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Erin Brewster, P.O. Box 47890, Olympia, WA 98504-7890, phone 360-545-7315, TTY 711, email Erin.Brewster@DOH.WA.gov.

Additional comments: If you are interested in this rule making and want to be on the interested parties list, please email Erin.Brewster@doh.wa.gov.