WSR 12-18-081




[ Filed September 5, 2012, 11:55 a.m. , effective September 5, 2012, 11:55 a.m. ]

Effective Date of Rule: Immediately.

Purpose: To file an emergency amendment WAC 392-101-010 Conduct of administrative hearings. This amendment is to clarify the child nutrition programs actually covered under subsection (5) and which C.F.R. correspond to these programs, as well as to add subsection (8).

Citation of Existing Rules Affected by this Order: Amending WAC 392-101-010.

Statutory Authority for Adoption: Chapter 28A.325 RCW.

Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: To give the office of superintendent of public instruction the authority to send appeals for the national school breakfast program, the school breakfast program, and the special milk program through the office of administrative hearings (OAH). The WAC currently only defines the child and adult food care program and the summer food service program; however, we need all of the appeals of child nutrition program findings to be heard through the OAH.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1 [0], Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1 [0], Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 5, 2012.

Randy Dorn

State Superintendent


AMENDATORY SECTION(Amending WSR 08-22-035, filed 10/30/08, effective 11/30/08)

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) National school lunch program, special milk program for children, school breakfast program, summer food service program, and child and adult care food program ((and summer food service program)) appeals pursuant to 7 C.F.R. Parts 210, 215, 220, 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.

(8) Audit resolution appeals of agency management decisions regarding resolution of state and federal audit findings pursuant to chapter 392-115 WAC.

[Statutory Authority: RCW 42.20.100 [46.20.100(2)]. 08-22-035, 392-101-010, filed 10/30/08, effective 11/30/08. 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.]