WSR 99-23-081



(Management Services Administration)

[ Filed November 16, 1999, 9:56 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-09-086.

Title of Rule: Chapter 388-03 WAC, Rules and regulations for the certification of DSHS spoken language interpreters and translators.

Purpose: The language interpretation services and translations (LIST) section of DSHS is proposing rules that incorporate LIST policies regarding examinations, fees and code of professional conduct. Also, the proposed rules bring DSHS into compliance with a federal court decision regarding certification and qualification criteria for interpreters and translators providing services to the department. Finally, by establishing clear LIST regulations, the proposed rules ensure equal access and due process requirements for the department's limited-English proficient clients. The proposed rules are written in a "plain English" style and meet the Executive Order 97-02 criteria for clarity.

Statutory Authority for Adoption: RCW 2.43.010, 74.04.025, and 74.08.090.

Statute Being Implemented: RCW 74.04.025, 74.08.090, 49.60.010, 2.43.010 through 2.43.080.

Summary: Rules on this subject are needed to comply with the stipulation, agreement of settlement and consent order handed down in Reyes v. Thompson, United States District Court for Western District of Washington, 1991. These proposed rules are also a result of DSHS's Executive Order 97-02 regulatory improvement effort to incorporate policies into rules when appropriate, to develop new rules and regulations where necessary and write all policies and rules in clear, concise, easily understood language. Finally, the proposed rules are a manifestation of DSHS's legal obligation to provide equal access to department services to all of its clients, customers and vendors, especially LEP clients.

Reasons Supporting Proposal: See Purpose and Summary above.

Name of Agency Personnel Responsible for Drafting: Hungling Fu, Ph.D., Manager, 4500 10th Avenue S.E., Lacey, WA 98504-5820, (360) 664-6035; Implementation and Enforcement: Bonnie Jacques, Chief, 4500 10th Avenue S.E., Lacey, WA 98504-5820, (360) 664-6011.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal court decision, Reyes v. Thompson, U.S. District Court for Western District of Washington, 1991.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Summary above.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not impose "more than minor" costs on the businesses regulated by them. In fact, the proposed rules impose no new costs at all.

RCW 34.05.328 applies to this rule adoption. The proposed rules are considered "significant legislative rules" because they adopt a new regulatory program. The department has determined that the "probable benefits of the rule are greater than its probable costs." For a copy of this analysis, contact Hungling Fu, Ph.D., Manager, Department of Social and Health Services, Language Interpreter Services and Translations (LIST), 4500 10th Avenue S.E., Lacey, WA, P.O. Box 45820, Olympia, WA 98504-5820, fax (360) 664-6179.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on January 25, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by January 7, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by January 25, 2000.

Date of Intended Adoption: February 22, 2000.

November 8, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 99-24 issue of the Register.

Washington State Code Reviser's Office