WSR 98-22-103

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed November 4, 1998, 11:12 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-24-100.

Title of Rule: WAC 246-05-001, 246-05-010, and 246-05-030, local public health guidelines.

Purpose: Repeals WAC 246-05-001, 246-05-010, and 246-05-030 because these rules are obsolete and ambiguous as an outdated "guideline" for negotiating support from counties, cities and towns. It also lacks clarity and is interpreted differently among individual local health jurisdictions.

Statutory Authority for Adoption: RCW 43.70.580.

Summary: Repeals outdated, unnecessary sections of chapter 246-05 WAC, Local public health guidelines.

Reasons Supporting Proposal: Eliminating this rule meets many of the goals for the Executive Order on Regulatory Improvement (97-02) by eliminating obsolete and ambiguous language, and improving effectiveness and efficiency.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Terry Reid, 1102 S.E. Quince Street, Olympia, WA, (360) 236-4082.

Name of Proponent: Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will repeal WAC 246-05-001, 246-05-010, and 246-05-030. The rule is redundant with RCW 43.70.580 which prohibits the supplanting of local funding to local health jurisdictions with state funds. The purpose of RCW 43.70.580 is to assure that state funding results in enhanced capacity for local health jurisdictions and does not supplant local funding. Repealing the rule, which is redundant with the statute will have no anticipated effect on local health financing.

Proposal Changes the Following Existing Rules: It repeals WAC 246-05-001, 246-05-010, and 246-05-030.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no impact, disproportionate or otherwise, to businesses.

RCW 34.05.328 does not apply to this rule adoption. This rule does not meet the threshold of a legislatively significant rule. It does not subject violators to penalties; it does not set qualifications for license or permit; and it does not make any significant changes to a policy or regulatory program.

Hearing Location: DoubleTree Hotel SeaTac, 18440 Pacific Highway South, Seattle, WA 98188, on December 9, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Michael Zimmerman, (360) 586-0399, by December 4, 1998, TDD (800) 833-6388.

Submit Written Comments to: Terry Reid, fax (360) 236-4088, by December 2, 1998.

Date of Intended Adoption: December 9, 1998.

November 4, 1998

Kristine Van Gorkom

Deputy Secretary

OTS-2645.1

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 246-05-001 Purpose.

WAC 246-05-010 Definitions.

WAC 246-05-030 Assurance of nonsupplanting.