WSR 09-01-052

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed December 10, 2008, 4:17 p.m. , effective January 10, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is adopting the following amendments to the boarding home licensing chapter: WAC 388-78A-2470 Criminal history disclosure and background, to correct typographical error in section heading.

WAC 388-78A-2680 Boarding home use of audio and video monitoring and 388-78A-2690 Resident use of electronic monitoring, to clarify and enhance readability and usability of electronic monitoring requirements; to ensure boarding home compliance with resident rights when electronic monitoring is used.

WAC 388-78A-2950 Water supply, 388-78A-2980 Lighting, and 388-78A-3030 Toilet rooms and bathrooms, to clarify and enhance readability and usability of construction requirements regarding lighting, water supply and showers; to create flexibility in construction requirements for boarding home providers to meet resident needs.

WAC 388-78A-3450 Finalizing a preliminary finding and 388-78A-3460 Appeal of administrative law judge's initial order or finding, to clarify and enhance readability and usability of the rules; to provide guidance to administrative law judges that a department denial of a petition to remove a finding of neglect under WAC 388-78A-3450 from a department list may not be appealed.

Citation of Existing Rules Affected by this Order: Amending WAC 388-78A-2470, 388-78A-2680, 388-78A-2690, 388-78A-2950, 388-78A-2980, 388-78A-3030, 388-78A-3450, and 388-78A-3460.

Statutory Authority for Adoption: Chapter 18.20 RCW.

Other Authority: Chapter 74.34 RCW.

Adopted under notice filed as WSR 08-16-119 on August 5, 2008.

Changes Other than Editing from Proposed to Adopted Version: See Reviser's note below.

A final cost-benefit analysis is available by contacting Todd Erik Henry, P.O. Box 45600, Olympia, WA 98513, phone (360) 725-2580, fax (360) 438-7903, e-mail henryte@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 8, 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 8, Repealed 0.

Date Adopted: December 10, 2008.

Robin Arnold-Williams

Secretary

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 09-02 issue of the Register.

Washington State Code Reviser's Office