WSR 07-14-017



(Economic Services Administration)

[ Filed June 22, 2007, 2:21 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-10-019.

Title of Rule and Other Identifying Information: The department is amending WAC 388-440-0005 Exception to rule -- Notification requirement.

Hearing Location(s): Blake Office Park East, Rose Room,

4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6094), on August 7, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 8, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m. on August 7, 2007.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by July 31, 2007, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal statement will simplify the notification process for the department to respond to individual requests for an exception to policy.

Reasons Supporting Proposal: The current WAC may confuse the reader as to when a notification is sent and for what purpose. This amendment simplifies the process to give the individual notification of when the request for an exception to rule is not being completed and when the completed ETR is approved or denied.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ian Horlor, 1009 College S.E., Lacey, WA 98504, (360) 725-4634.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses; it only affects DSHS clients by explaining when the client will be notified of the request for an exception to rule.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to... rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

June 21, 2007

Stephanie E. Schiller

Rules Coordinator

AMENDATORY SECTION(Amending WSR 00-03-034, filed 1/12/00, effective 2/12/00)

WAC 388-440-0005   ((Exception to rule--Notification requirement.)) How am I informed of the decision on my request to the department for an exception to rule?   (1) ((Clients are notified)) You will receive the decision in writing within ten days ((of)) when department staff:

(a) ((The department staff's decision)) Decides not to file ((an)) the exception to rule request; ((and)) or

(b) ((The department's decision)) Decides to approve or deny ((an)) the exception to rule request.

(2) The notice ((will)) includes information on how to file a ((the)) complaint ((procedures)) as specified in chapter 388-426 WAC.

(3) This section does not apply to notification requirements for exceptions to rules concerning noncovered medical or dental services or related equipment. See WAC 388-501-0160.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 00-03-034, 388-440-0005, filed 1/12/00, effective 2/12/00; 98-16-044, 388-440-0005, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office