WSR 13-13-006
[Filed June 6, 2013, 11:34 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-18-080.
Title of Rule and Other Identifying Information: WAC 392-101-010 Conduct of administrative hearings, giving the office of superintendent of public instruction (OSPI) the authority to send appeals through the office of administrative hearing[s] (OAH). Updating the types of appeal hearings that can be heard by OAH as well as updating WACs associated with the various types of appeals.
Hearing Location(s): OSPI Wanamaker Conference Room, 600 Washington Street S.E., Olympia, WA 98504, on August 13, 2013, at 11:30 a.m.
Date of Intended Adoption: August 14, 2013.
Submit Written Comments to: Catherine Slagle, 600 Washington Street, Olympia, WA 98504-7200, e-mail, fax (360) 753-4201, by August 13, 2013.
Assistance for Persons with Disabilities: Contact Wanda Griffin by August 5, 2013, TTY (360) 664-3631 or (360) 725-6133.
Statutory Authority for Adoption: RCW 28A.150.100.
Name of Agency Personnel Responsible for Drafting and Implementation: Catherine Slagle, Olympia, Washington, (360) 725-6136; and Enforcement: Alan Burke, Olympia, Washington, (360) 725-6343.
A cost-benefit analysis is not required under RCW 34.05.328.
June 6, 2013
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)) under chapter 392-137 WAC ((392-137-055(2))).
(2) ((Special education)) Due process hearings ((pursuant to WAC 392-171-531)) under chapter 392-172A WAC or as amended.
(3) Equal educational opportunity complaints ((pursuant to)) under WAC 392-190-075.
(4) Professional certification appeals ((pursuant to)) under WAC ((180-75-030)) 181-86-150.
(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)) under 7 C.F.R. Parts 210, 215, 220, 225 and 226.
(6) Traffic safety education appeals ((pursuant to)) under chapter 392-153 WAC ((392-153-005 through 392-153-040)).
(7) Bus driver authorization appeals ((pursuant to)) under chapter 392-144 WAC.
(8) Audit resolution appeals of agency management decisions regarding resolution of state and federal audit findings under chapter 392-115 WAC.