WSR 09-01-186




[ Filed December 24, 2008, 9:46 a.m. ]

     Continuance of WSR 08-22-102.

     Preproposal statement of inquiry was filed as WSR 07-19-028.

     Title of Rule and Other Identifying Information: Chapter 170-292 WAC, Seasonal child care, this continuance notice is filed to reschedule a public hearing that was cancelled because of snow, and to extend the written comment deadline on this rule accordingly.

     Hearing Location(s): Sea-Mar Clinic, 1400 La Venture Road, Mt. Vernon, WA 98273, on January 21, 2009, at 6:00 p.m.

     Date of Intended Adoption: Not earlier than January 23, 2009.

     Submit Written Comments to: DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, e-mail or fax (360) 413-3482, by 5:00 p.m., January 22, 2009.

     Assistance for Persons with Disabilities: Contact by January 16, 2009, (360) 725-4397.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: A December 17, 2008, public hearing on this proposal was cancelled because of snow. This notice sets a new hearing date, changes the written comment deadline, and sets a new "date of intended adoption." Anyone wishing to give written comments on this proposal send them to the e-mail address, fax number or postal mailing address above by 5:00 p.m. on January 22, 2009. Visit the department of early learning (DEL) web site at to read the proposed rules.

     This proposed rule revision is not intended to update the entire WAC chapter. A subsequent filing will revise all other necessary sections. The current proposal would:

Update WAC number and program name references, mostly changing chapters 388-292 and 388-290 WAC references to chapters 170-292 and 170-290 WAC respectively, and changing references from DSHS to DEL where appropriate,
Change the definition of "eligible children." This program change is the result of a recent federal clarification of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996,
Establish a process for eligibility waivers, and
Make other editing changes and clarifications that would not change the effect of the rules.

     Reasons Supporting Proposal: The proposed rules will assure all parties have updated and accurate information that reflect the latest programmatic changes to the seasonal child care subsidy program.

     Statutory Authority for Adoption: Chapter 43.215 RCW.

     Statute Being Implemented: Chapter 265, Laws of 2006, chapter 43.215 RCW.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Section 501, chapter 265, Laws of 2006, transferred responsibilities for seasonal child care from DSHS to the DEL, making many references in these rules to DSHS laws, rules and programs obsolete.

     Name of Proponent: DEL, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jenny Lemstrom, P.O. Box 40970, Olympia, WA 98504-0970, (360) 725-4673.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. (A) Under RCW 19.85.025 and 34.05.310(4) a small business economic impact statement is not required for rules that:

     (1) Adopt without material change requirements of federal or state statutes or rule. The proposed new definition of "eligible child" adopts the requirements of federal law 8 U.S.C. 1642 without material change. The department received a clarification of this law from the United States Department of Health and Human Services on May 2, 2008, which is available on-line at; or

     (2) Only correct typographical errors, make address or name changes, or clarify language of the rule without changing its effect. Other sections of the proposal update name references from: DSHS to DEL, TITLE 388 WAC to TITLE 170 WAC, and related program names. Several WAC sections are amended, and a new definitions section is proposed to clarify the language of, but not change, other current program requirements.

     (B) The department has determined that a small business economic impact statement is not required for new WAC 170-292-0180 Eligibility waivers. Costs of complying with the rule, if any, to affected small businesses would not be more than "minor" as defined in RCW 19.85.020. Implementation of eligibility waivers may result in increased revenue for seasonal child care contractors and child care providers that may offset incidental administrative costs.

     A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not prepared. Under RCW 34.05.328 (5)(a)(i), the DEL is not listed among the agencies to which the requirements of RCW 34.05.328 applies.

December 23, 2008

Kate Verville

Chief Operating Officer

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