WSR 26-14-024 (26-14)

DEPARTMENT OF HEALTH

[Filed June 22, 2026, 1:00 p.m., effective July 23, 2026]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Office of radiation protection contact information, WAC 246-222-080 and 246-243-205. The department of health (department) adopted the removal of incorrect or unnecessary contact information from WAC 246-222-080 and 246-243-205. The adopted amendments also made clarifying and editorial amendments without changing the rules' effect and aligned the rule with the code reviser's 2025 Bill Drafting Guide and instructions on style for WAC.

Citation of Rules Affected by this Order: Amending WAC 246-222-080 and 246-243-205.

Statutory Authority for Adoption: RCW 70A.388.040.

Adopted under notice filed as WSR 26-10-014 on April 27, 2026.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: June 16, 2026.

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.