WSR 98-22-059

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Management Services Administration)

[Filed November 2, 1998, 1:06 p.m.]

Subject of Possible Rule Making: WAC 388-320-350 through 388-320-370. These three WAC sections cover declaratory orders, a process one can use to request DSHS to make a determination of legal rights under a DSHS program.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.240, 34.05.250, and 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: MSA is considering whether to amend these WACs so that they are in plain English; repeal these WACs and incorporate model WAC 10-08-250 through 10-08-252 by reference; repeal the WACs outright; take no action; or follow another course of action.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Management Services Administration (MSA) knows of no other state or federal agency that regulates this subject for state agencies in general or for DSHS in particular. The Washington State Office of Administrative Hearings manages model WAC 10-08-250 through 10-08-252. RCW 34.05.250 states, "Each agency shall adopt as much of the model rules as is reasonable under its circumstances."

Process for Developing New Rule: MSA welcomes and encourages input from the public in deciding what actions, if any, to take in reviewing the declaratory order WACs. Anyone interested in participating should contact the staff person indicated below. After the staff person drafts the rule, DSHS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and to anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Merry A. Kogut, Administrative Services Division, Department of Social and Health Services, P.O. Box 45800, Olympia, WA 98504-5800, voice (360) 902-8317, fax (360) 902-8292, e-mail kogutma@dshs.wa.gov.

Management Services Administration (MSA) will:

Consider all comments and suggestions;

Proactively seek participation and discussion; and

Give interested parties every opportunity to participate in the process.

October 28, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit