WSR 21-15-075
EMERGENCY RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed July 16, 2021, 12:44 p.m., effective July 18, 2021]
Effective Date of Rule: July 18, 2021.
Purpose: Amend WAC 110-15-0280 to align with department of children, youth, and family's (DCYF) chapter 110-03 WAC, Administrative hearings.
Citation of Rules Affected by this Order: Amending WAC 110-15-0280.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: DCYF has conflicting rules regarding an administrative appeal process that impacts the general welfare. The emergency amendment will harmonize the conflicting rules. Observing the permanent rule-making time requirements for notice and comment would be contrary to the public interest. DCYF has begun permanent rule making to amend WAC 110-15-0280.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 16, 2021.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0280Right to request an administrative hearing.
(1) WCCC consumers have a right to request ((a hearing under chapter 388-02 WAC))administrative hearings on any action affecting WCCC benefits.
(2) Child care providers may request administrative hearings ((under chapter 388-02)) WAC only for WCCC overpayments. A provider's burden of proof is a preponderance of the evidence.
(3) To request a hearing, a consumer or provider:
(a) Contacts the ((DSHS))DCYF office which sent them the notice; or
(b) Writes to the office of administrative hearings, P.O. Box 42489, Olympia, WA 98504-2489; and
(c) Makes the request for a hearing within:
(i) Ninety days of the date a decision is received for consumers; or
(ii) Twenty-eight days of the date a decision is received for providers.
(4) The office of administrative hearings administrative law judge enters initial or final orders as provided in ((WAC 388-02-0217))chapter 110-03 WAC. Initial orders may be appealed to a DSHS review judge under chapter ((388-02))110-03 WAC.
(5) To request a hearing under the seasonal child care program, see WAC ((170-290-3860 and 170-290-3865))110-15-3860 and 110-15-3865.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.