WSR 08-19-063




[ Filed September 15, 2008, 12:09 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-16-139.

Title of Rule and Other Identifying Information: Chapter 392-101 WAC, Superintendent of public instruction -- Administrative practices and procedures.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), P.O. Box 47200, 600 Washington Street, Olympia, WA 98504, on October 27, 2008, at 8:30 a.m.

Date of Intended Adoption: October 28, 2008.

Submit Written Comments to: Charles Schreck, Director, P.O. Box 47200, Olympia, WA 98504-7200, e-mail, fax (360) 753-4201, by October 24, 2008.

Assistance for Persons with Disabilities: Contact Penny Coker by October 24, 2008, TTY (360) 664-3631 or (360) 725-6142.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to include bus driver authorization appeals to the WAC.

Statutory Authority for Adoption: RCW 34.05.220.

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

Name of Proponent: [(OSPI)], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Charles Schreck, OSPI, (360) 725-6130.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

September 10, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction


AMENDATORY SECTION(Amending Order 91-17, filed 8/23/91, effective 9/23/91)

WAC 392-101-010   Conduct of administrative hearings.   The superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the superintendent of public instruction:

(1) Nonresident transfer appeals pursuant to WAC 392-137-055(2).

(2) Special education hearings pursuant to WAC 392-171-531.

(3) Equal educational opportunity complaints pursuant to WAC 392-190-075.

(4) Professional certification appeals pursuant to WAC 180-75-030.

(5) Child care food program and summer food service program appeals pursuant to 7 C.F.R. Parts 225 and 226.

(6) Traffic safety education appeals pursuant to WAC 392-153-005 through 392-153-040.

(7) Bus driver authorization appeals pursuant to chapter 392-144 WAC.

[Statutory Authority: RCW 46.20.100(2) and chapter 28A.220 RCW. 91-18-007 (Order 91-17), 392-101-010, filed 8/23/91, effective 9/23/91. Statutory Authority: RCW 34.04.020. 89-17-067 (Order 89-07), 392-101-010, filed 8/16/89, effective 9/16/89. Statutory Authority: RCW 28A.03.500. 87-10-013 (Order 87-5), 392-101-010, filed 4/28/87.]

Washington State Code Reviser's Office