WSR 20-15-061
(Office of the Secretary)
[Filed July 10, 2020, 12:45 p.m.]
Subject of Possible Rule Making: The department is planning to amend WAC 388-02-0075 and other related rules as may be required. The planned rule amendment allows electronic filing and electronic distribution of notices and orders to the office of administrative hearings (OAH) via email by striking the email prohibition in the current rule, adding a provision for email filing with OAH, and adding clarifying language.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.17.060, 43.20A.550, 34.05.020, 34.05.350.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To protect public health, safety, and welfare there is an emergent need to allow electronic filing and electronic distribution of notices and orders to OAH supporting "social distancing" due to the public health crisis created by the COVID-19 virus (commonly referred to as the "coronavirus"), and associated state of emergency in all Washington counties as proclaimed by Governor Inslee's "Proclamation by the Governor 20-05." OAH has issued "temporary emergency policy and procedures" authorizing electronic filings for the department of social and health services (DSHS), health care authority, and department of children, youth, and families caseloads, effective March 25, 2020. Instructions for using secure email filing are available at
Process for Developing New Rule: Analysis of new rules promulgated by OAH permitting electronic filing and electronic distribution of notices and orders. DSHS welcomes the public to take part in developing rules. Anyone interested should contact the staff person identified below.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mike Williams, P.O. Box 45850, Olympia, WA 98504, phone 360-664-6093, fax 360-664-6185, email
July 10, 2020
Katherine I. Vasquez
Rules Coordinator