DEPARTMENT OF HEALTH

[Filed April 27, 2026, 2:17 p.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Office of radiation protection contact information, WAC 246-222-080 and 246-243-205. The department of health (department) is proposing to remove incorrect or unnecessary contact information from WAC 246-222-080 and 246-243-205. This proposal also makes clarifying and editorial amendments without changing the rules' effect and aligns the rules with the code reviser's 2025 Bill Drafting Guide and instructions on style for WAC.

Hearing Location(s): On June 9, 2026, at 9:00 a.m., virtual via Zoom. Register in advance for this webinar at https://us02web.zoom.us/webinar/register/WN_XN0tuZMMQuqGl_wCTrJc1A. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: June 16, 2026.

Submit Written Comments to: Brian Sayrs, P.O. Box 47820, Olympia, WA 98504-7820, email brian.sayrs@doh.wa.gov, web https://fortress.wa.gov/doh/policyreview/, beginning the date and time of filing, by June 9, 2026, at 11:59 p.m.

Assistance for Persons with Disabilities: Contact Brian Sayrs, phone 564-669-3188, TTY 711, email brian.sayrs@doh.wa.gov, by May 18, 2026, at 5:00 p.m.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revisions are intended to improve the flexibility of the department to provide the most up-to-date contact information by phone, website, and correspondence rather than by rule. The proposed changes are anticipated to reduce the cost and improve timeliness of departmental mailing address changes. Additionally, proposed editorial changes are intended to improve the clarity of the rules without changing their effect.

Reasons Supporting Proposal: The proposed revisions would streamline departmental processes to reduce the cost of government and improve responsiveness, and align the rules with the code reviser's 2025 Bill Drafting Guide and instructions on style for WAC.

Statutory Authority for Adoption: RCW 70A.388.040.

Statute Being Implemented: RCW 70A.388.040.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Brian A. Sayrs, 111 Israel Road S.E., Tumwater, WA 98501, 564-669-3188; Implementation: Dane Blakinger, 101 Israel Road S.E., Tumwater, WA 98501, 360-236-3244; and Enforcement: Richard Montemarano, 101 Israel Road S.E., Tumwater, WA 98501, 360-236-3238.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(iv) exempts rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Explanation of exemptions: Proposed changes to WAC 246-222-080 and 246-243-205 only correct typographical errors, make address or name changes, or clarify language without changing their effect, and so are exempt under RCW 34.05.310 (4)(d).

Scope of exemption for rule proposal:

Kristin Peterson, JD

for Dennis E. Worsham

AMENDATORY SECTION(Amending WSR 17-12-046, filed 6/1/17, effective 7/2/17)

WAC 246-222-080Inspections not warranted—Informal review.

(1) If the department ((of health, office of radiation protection determines, with respect to))determines that an inspection is not warranted for a complaint under WAC 246-222-070 ((that an inspection is not warranted)) because there are no reasonable grounds to believe that a violation exists or has occurred, the ((office of radiation protection))department shall notify the complainant in writing ((of such determination)). The complainant may obtain an informal review of the determination by submitting a written statement of position to the address included in the notice. If an informal review is requested, the department shall proceed under either (a) or (b) of this subsection.

(a) ((If the complaint resulted from activities concerning naturally occurring or accelerator produced radioactive materials or radiation producing machines: The complainant may obtain review of such determination by submitting a written statement of position to the Assistant Director, Division of Industrial Safety and Health, P.O. Box 4600, Olympia, Washington 98504-4600. Such request for))The department shall participate in the informal review ((will be processed))by the department of labor and industries according to the provisions of WAC 296-900-12015 and the provisions of the interagency agreement between the department of labor and industries and the department ((of health, office of radiation protection)), if any.

(b) ((If the complaint resulted from activities concerning radioactive material: The complainant may obtain review of such determination by submitting a written statement of position with the Department of Health, Office of Radiation Protection, P.O. Box 47827, Olympia, Washington 98504-7827 (360-236-3300), who will))The department shall conduct an informal review.

(i) The department shall provide the licensee or registrant with a copy of ((such))the complainant's written statement of position by certified mail, excluding, at the request of the complainant, the name of the complainant.

(ii) The licensee or registrant may submit ((an opposing))a written statement of position with the department ((of health, office of radiation protection, who will)). The department shall provide the complainant with a copy of ((such))the licensee's or registrant's written statement of position, if any, by certified mail.

(iii) Upon the request of the complainant, the department ((of health)) may hold an informal conference in which the complainant and the licensee or registrant may orally present their views. An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant.

(iv) After considering all ((written or oral)) views presented, the department ((of health)) shall affirm, modify, or reverse the determination ((of the office of radiation protection)) and furnish the complainant and the licensee or registrant a written notification of the decision and the reason(((s) therefore))or reasons supporting the decision.

(2) If the ((office of radiation protection))department determines that an inspection is not warranted because the requirements of WAC 246-222-070(1) have not been met, ((it))the department shall notify the complainant in writing ((of such determination. Such)). The determination ((shall))must be without prejudice to the filing of a new complaint meeting the requirements of WAC 246-222-070(1).

AMENDATORY SECTION(Amending WSR 16-13-054, filed 6/10/16, effective 7/11/16)

WAC 246-243-205Temporary job site notification.

(((1))) Each licensee shall ((provide notification to))notify the department ((as required by the department, preferably twenty-four))preferably 24 hours but no later than two hours((,)) prior to beginning radiographic operations at a temporary job site. The ((notification will be given by using the prescribed 1-800 telephone notification system))licensee shall deliver the notification as directed by the department.

(1) The notification ((shall))must include:

(a) Name and office telephone number of the licensee;

(b) Radioactive materials license number;

(d) Specific dates, times, and duration of expected radiographic operations;

(e) Names of radiographers and, if applicable, radiographer assistants taking part in the radiographic operations; and

(f) Name and telephone number of a contact person at the temporary job site.

(2) ((In the event that operations at a temporary job site continue for longer than thirty days,))The licensee ((will again))shall notify the department((, as required by subsection (1) of this section, each succeeding month))every 30 days until radiographic operations at the temporary job site end.