PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)
Date of Adoption: July 11, 2002.
Purpose: The department is adopting the amendments to WAC 388-76-535, 388-76-61510, and 388-76-710. WAC 388-76-535 is amended to include RCW 69.41.085 as authority. WAC 388-76-61510 changes the timeline required for developing a negotiated care plan from fourteen to thirty days from date of a resident's admission. This change has resulted from stakeholder input. WAC 388-76-710 is amended to correct the Board of Appeals mailing address and correct cross-references concerning administrative proceedings to chapter 388-02 WAC. Other proposed rules on medication practices in community-based settings, originally proposed as new WAC 388-76-64005, 388-76-64015, 388-76-64020, 388-76-64025, 388-76-64030 and 388-76-64035 in WSR 02-03-117, have been revised and reproposed as WSR 02-14-161 for further public comment.
Citation of Existing Rules Affected by this Order: Amending WAC 388-76-535, 388-76-61510, and 388-76-710.
Statutory Authority for Adoption: RCW 70.128.040, 69.41.085.
Adopted under notice filed as WSR 02-03-117 on January 22, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 3,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
July 11, 2002
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3026.6
[Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-535, filed 6/19/96, effective 7/20/96.]
[Statutory Authority: RCW 70.128.040, 70.128.060, chapter 70.129 RCW and 1998 c 272. 98-12-054, § 388-76-61510, filed 5/29/98, effective 7/1/98.]
(2) Civil monetary penalties shall become due twenty-eight days after the provider or the owner or operator of an unlicensed adult family home is served with a notice of the penalty unless the provider requests a hearing in compliance with chapter 34.05 RCW and RCW 43.20A.215. If a hearing is requested, the penalty becomes due ten days after a final decision in the department's favor is issued. Interest shall accrue beginning thirty days after the department serves the provider with notice of the penalty at a rate of one percent per month in accordance with RCW 43.20B.695.
(3) A person contesting any decision by the department to impose a remedy shall within twenty-eight days of receipt of the decision:
(a) File a written application for an adjudicative
proceeding by a method showing proof of receipt with the
((Office)) Board of Appeals((, P.O. Box 2465, Olympia, WA 98504))
at the mailing address contained in WAC 388-02-0030; and
(b) Include in or with the application:
(i) The grounds for contesting the department decision; and
(ii) A copy of the contested department decision.
(4) Administrative proceedings shall be governed by chapter 34.05 RCW, RCW 43.20A.215, where applicable, this section, and
chapter ((388-08)) 388-02 WAC. If any provision in this section
conflicts with chapter ((388-08)) 388-02 WAC, the provision in
this section governs.
[Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-710, filed 6/19/96, effective 7/20/96.]