WSR 10-09-074



(Economic Services Administration)

[ Filed April 19, 2010, 2:32 p.m. ]

Subject of Possible Rule Making: The community services division is proposing amendments to WAC 388-448-0050 PEP step II -- How we determine the severity of mental impairments, 388-448-0080 PEP step V -- How we determine your ability to function in a work environment if you have a mental impairment, 388-448-0090 PEP step V -- How we determine your ability to function in a work environment if you have a physical impairment, 388-448-0100 PEP step VI -- How we evaluate capacity to perform relevant past work, 388-448-0110 PEP step VII -- How we evaluate your capacity to perform other work, and any other related WACs as necessary.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.005.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department will propose amendments related to the use of administrative review teams, and to update obsolete terminology and functional assessment language.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Melissa Mathson, Program Manager, Community Services Division, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4563, fax (360) 725-4905, e-mail

April 19, 2010

Katherine I. Vasquez

Rules Coordinator

Washington State Code Reviser's Office