WSR 99-21-037

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Management Services Administration)

[ Filed October 15, 1999, 1:27 p.m. ]

Subject of Possible Rule Making: The Office of Legal Affairs and DSHS's Management Services Administration is proposing rules that update chapter 388-08 WAC, Practice and procedure--Fair hearing and incorporate each DSHS administration/program's specific administrative hearing rules into one chapter. As part of DSHS's "migration" project that places all DSHS rules in a logical sequence under one Washington Administrative Code title, chapter 388-08 WAC will be renumbered as chapter 388-02 WAC. Chapter 388-02 WAC will be written in a "plain English" style using a "question and answer" format.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.020 Savings--Authority of agencies to comply with chapter--Effect of subsequent legislation and 34.05.220 Rules for agency procedure--Indexes of opinions.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed rules are a result of DSHS complying with Executive Order 97-02 requiring the agency to review its rules and write them in clear, concise, easily understood language. Also, the proposed rules implement DSHS's goal of incorporating all agency administrative hearing rules into one WAC chapter.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington State Office of Administrative Hearings (OAH) is another state agency that regulates this subject. Representatives from this agency are participating in the development of the proposed rule. In addition, OAH representatives will be given notice of the public hearing so they can testify on the record if they wish.

Process for Developing New Rule: The department will develop, propose and adopt rules according to the Administrative Procedure Act process in chapter 34.05 RCW. A representative committee of DSHS staff will develop the content of the proposed rules. Public comment and participation will be welcomed throughout the rule adoption process, especially during the public hearing and comment period.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. See above. For specific information regarding the proposed rules and the development/adoption process, contact George E. Huffman, Regulatory Improvement Analyst, Rules and Policies Assistance Unit, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850, phone (360) 664-6098, e-mail huffmge@dshs.wa.gov, fax (360) 664-6185.

October 15, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office