reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-030 - Definition of terms

Current through Register Vol. 24-14, July 15, 2024
For the purpose of this order:
(1) "Person" means any person, firm, association, or corporation.
(2) "Affected processor" means a person who processes hardwood logs of any species into (a) lumber, and/or construction timbers regardless of size, manufactured to standard specifications suitable for end product use including cut-up stock, (b) chips suitable for pulp, paper, or other uses, (c) plywood, (d) veneer, (e) commercial firewood. An "affected processor" also means any person who processes hardwood logs of any species by remanufacture into other lengths or diameters or reloads hardwood logs for shipment to destinations outside the state of Washington.
(3) "Hardwood industry" means the harvesting and manufacturing of hardwood materials or products in commercial quantities.
(4) "Washington hardwoods commission," hereinafter referred to as "commission," means the commission formed under the provisions of chapter 15.74 RCW.
(5) "Hardwood" means the wood of a deciduous, broad leaf flowering tree.
(6) "Fiscal year" means the twelve-month period beginning with January 1 of any year and ending with the last day of December following, both dates being inclusive.
(7) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade.
(8) "Scribner log scale" means the log volume as shown in Official Rules of Log Scaling and Grading Bureaus.
(9) "Assessment" means the amount levied in favor of the commission.
(10) "Enhancement" means to increase the value and worth of the hardwood resource and the resulting hardwood products.
(11) "Protection" means to guard against loss or damage involved in the harvest of hardwood logs and in the production of hardwood products.
Statutory Authority: 1991 c 67. 91-14-055, §
										244-12-030, filed 6/27/91, effective 7/1/91.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-040 - Hardwoods commission

Current through Register Vol. 24-14, July 15, 2024
(1)
Administration.
The provisions of this order shall be administered and enforced by this commission.
(2)
Commission membership.
The commission shall consist of seven members.
(3)
Commission membership qualifications.
The members of the commission shall be members of the hardwood industry and shall be citizens and residents of the state of Washington, over the age of twenty-one years, each of whom is or has been actively engaged in the hardwood industry either individually or as an executive officer, employee, or sales manager on a management level or managing agent of an organization within the state of Washington for a period of five years and has, during that time, derived a substantial portion of his or her income therefrom. The qualifications of members of the commission as herein set forth must continue during the terms of office. Only one member may be in the employ of any one person or organization engaged in the hardwood industry, at any one time.
(4)
Term of office.
(a) The term of office for members of the commission shall be four years.
(b) Membership positions on the commission shall be designated numerically.
(c) The term of office for the initial commission members shall be as follows:
Positions one, two, and three - two years; expires on June 30, 1992;
Positions four and five - three years; expires on June 30, 1993;
Positions six and seven - four years; expires on June 30, 1994.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-050 - Assessments and collections

Current through Register Vol. 24-14, July 15, 2024
(1) To provide
					for permanent funding of the Washington hardwoods commission, agricultural
					commodity assessments shall be levied by the commission on processors of
					hardwoods.
An assessment is hereby levied on hardwood processors operating
						within the state of Washington. The assessment shall be based on the hardwood
						processor's production per calendar quarter. The assessment shall be four cents
						per ton produced effective July 1, 2018.
Beginning July 1, 2019, and every July 1st thereafter, the
						assessment must be adjusted to reflect the percentage change in the implicit
						price deflator for personal consumption expenditures for the United States as
						published for the most recent twelve-month period by the bureau of economic
						analysis of the federal Department of Commerce by September 25th of the year
						before the assessments are payable.
(2) For purposes of determining the
					assessment, the following definitions apply:
(a) One ton of logs, scaled by weight, input
					for a processor equals one ton of production; or
(b) One thousand board feet, Scribner scale,
					input for a processor equals 7.25 tons of production.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-060 - Volume reporting and assessment payment procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Effective July 1, 1993, each affected processor, and each person who has been an affected processor during one or more of the preceding four quarters, shall, on a quarterly basis, complete and submit to the commission a hardwood processors quarterly assessment report form, as set forth in WAC 244-12-100.
(2) Each affected processor levied a quarterly assessment pursuant to RCW    15.74.060 and WAC 244-12-020 shall remit said assessment to the commission on a quarterly basis, along with the affected processor's quarterly assessment report.
(3) Quarterly assessments and quarterly assessment reports required by this section are due to the commission within forty-five days after the end of the quarter.
Statutory Authority: Chapter 15.74 RCW. 93-13-013, §
										244-12-060, filed 6/7/93, effective 7/8/93. Statutory Authority: 1991 c 67. 91-14-055, §
										244-12-060, filed 6/27/91, effective 7/1/91.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-070 - Obligations of the commission

Current through Register Vol. 24-14, July 15, 2024
Obligations incurred by the commission or employee or agent thereof pertaining to their performance or nonperformance or misperformance of any matters or things authorized, required, or permitted them by the act or this order, and any other liabilities or claims against them or any of them shall be enforced in the same manner as if the whole organization under the order were a corporation. No liability for the debts or actions of the commission, employee, or agent incurred in their official capacity under this order shall exist either against the commission, officers, employees, and/or agents in their individual capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator, or commission (or employee or agent thereof) established pursuant to this act or the assets thereof. The commission, and its agents and employees, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other commission, member of the commission, or other person. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
Statutory Authority: 1991 c 67. 91-14-055, §
										244-12-070, filed 6/27/91, effective 7/1/91.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-080 - Effective time

Current through Register Vol. 24-14, July 15, 2024
This order shall become effective on and after July 1, 1991.
Statutory Authority: 1991 c 67. 91-14-055, §
										244-12-080, filed 6/27/91, effective 7/1/91.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-090 - Separability

Current through Register Vol. 24-14, July 15, 2024
If any provisions hereof are declared invalid, or the applicability thereof to any person, circumstances, or thing is held invalid, the validity of the remainder hereof or of the applicability thereof to any other person, circumstances, or thing shall not be affected thereby.
Statutory Authority: 1991 c 67. 91-14-055, §
										244-12-090, filed 6/27/91, effective 7/1/91.
Washington Administrative Code › Title 244 - Hardwoods Commission › Chapter 244-12 - Washington hardwoods commission › Section 244-12-100 - Hardwood processors quarterly assessment report form

Current through Register Vol. 24-14, July 15, 2024
HARDWOOD PROCESSORS
QUARTERLY ASSESSMENT REPORT
. . . . ..
Quarter
. . ..
Year
Processor Name: . . . . . . . . . . ..
Address: . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
Zip . . . . . . . . . . ..
Phone Number: . . . . . . . . . . ..
Fax: . . . . . . . . . . ..
Prepared By: . . . . . . . . . . ..
QUARTERLY QUANTITY OF LOGS PROCESSED
Tons
Red Alder Logs: . . . . . . . . . . ..
Other Hardwood: . . . . . . . . . . ..
Total Tons of Logs: . . . . . . . . . . ..
Assessment to be paid pursuant to WAC 244-12-050 and remitted with this report: . . . . . . . . . . ..
I hereby certify that the information contained on this form is true, accurate and complete to the best of my knowledge.
Signed: . . . . . . . . . . ..
Date: . . . . . . . . . . ..
Title: . . . . . . . . . . ..
*
PRINCIPAL PRODUCTS PRODUCED
VOLUME
Kiln Dried Hardwood Lumber
. . . . . . . . . . ..
BF
Green Hardwood Lumber
. . . . . . . . . . ..
BF
Hardwood Veneer
. . . . . . . . . . ..
SqF
Hardwood Log Export
. . . . . . . . . . ..
BF Scribner
Hardwood Chips
. . . . . . . . . . ..
Bone Dry Tons
Hardwood Firewood
. . . . . . . . . . ..
Cords
Other Hardwood Products (List)
. . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
*Upon receipt by the commission, this information will be excised from the report form to ensure processor anonymity. This information will be used to compile aggregate industry volumes to determine the size and scope of various products.
Statutory Authority: Chapter 15.74 RCW. 93-13-013, §
										244-12-100, filed 6/7/93, effective 7/8/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-01 - Description and organization › Section 246-01-001 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to describe the department of
				  health and the general course and method of its operations. This chapter is
				  adopted under
				  RCW
				     34.05.220 and 42.17.250, and
				  chapter
				  43.70
				  RCW.
Statutory Authority:
					 Chapter
					 43.70 RCW,
					 RCW
					 34.05.220, 42.17.250. 03-11-032, §
					 246-01-001, filed 5/15/03, effective 6/15/03. Statutory Authority:
					 RCW
					    43.70.050. 93-08-004 (Order 346), §
					 246-01-001, filed 3/24/93, effective
					 4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-01 - Description and organization › Section 246-01-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter:
(1) "Department" means the department of
				health.
(2) "Secretary" means the
				secretary of the department of health or the secretary's designee.
Statutory Authority:
					 RCW
					 43.70.050. 93-08-004 (Order 346), §
					 246-01-010, filed 3/24/93, effective
					 4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-01 - Description and organization › Section 246-01-020 - Functions

Current through Register Vol. 24-14, July 15, 2024
The department balances its three core functions to
				  accomplish its mission:
(1)
				Assessment. To regularly assess state health needs and resources, the
				department shall:
(a) Collect data on health
				status, personal health services, and the environment;
(b) Address major health problems in the
				state or community and population groups at greatest risk; availability and
				quality of service; resource availability; and the primary concerns of both
				citizens and providers; and
(c)
				Make budget and program revisions based on this assessment.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-01 - Description and organization › Section 246-01-030 - Secretary

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary
				is appointed by, and serves at the pleasure of, the governor. In addition to
				other powers, the secretary may:
(a) Adopt
				rules;
(b) Appoint advisory
				committees on areas of emerging concern;
(c) Undertake studies, research, and
				analyses;
(d) Delegate powers,
				duties, and functions;
(e) Enter
				into contracts on behalf of the department; and
(f) Act for the state in the initiation of,
				or the participation in, intergovernmental programs.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-01 - Description and organization › Section 246-01-050 - Department and state board of health - Relationship

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary serves as a member of the
				state board of health.
(2) The
				state board of health may advise the secretary on health policy issues
				pertaining to the department and the state.
(3) The state board of health has statutory
				authority to adopt rules to protect the public health, and may delegate this
				authority to the secretary and rescind such delegated authority.
(4) The department enforces the rules,
				regulations, and orders of the state board of health.
Statutory Authority:
					 RCW
					 43.70.050. 93-08-004 (Order 346), §
					 246-01-050, filed 3/24/93, effective
					 4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-01 - Description and organization › Section 246-01-060 - Department and local health departments/districts - Relationship

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				works with local health departments/districts in partnership to promote public
				health.
(2) The department provides
				notification of outbreaks and epidemics of disease that may occur and advises
				local departments/districts of the measures necessary to prevent and control
				such outbreaks and epidemics.
(3)
				Upon the request of a local health officer, the department may take legal
				action to enforce public health laws, rules, and regulations of the state board
				of health or local rules and regulations within the jurisdiction served by the
				local health department, and may institute any civil legal proceeding
				authorized by state law.
Statutory Authority:
					 RCW
					 43.70.050. 93-08-004 (Order 346), §
					 246-01-060, filed 3/24/93, effective
					 4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-01 - Description and organization › Section 246-01-080 - Organization

Current through Register Vol. 24-14, July 15, 2024
(1) DOH exists to
				protect and improve the health of the people of Washington. The department
				shares this mission with three primary partners:
(a) Professional boards, commissions, and
				committees, which have varying degrees of statutory authority, ranging from
				advisory powers to rule adoptions and disciplinary powers;
(b) The state board of health which has
				statutory authority to adopt rules to protect the public health, and may
				delegate this authority to the secretary and rescind the delegated authority;
				and
(c) Local health jurisdictions
				throughout the state.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-01 - Description and organization › Section 246-01-090 - Consumer assistance

Current through Register Vol. 24-14, July 15, 2024
(1)
				The department provides a consumer assistance statewide toll-free hotline.
				Consumer assistance personnel assist the public with information, concerns, or
				complaints about the department and serve as advocates for consumers who are
				complainants or witnesses in a licensing or disciplinary proceeding. The health
				consumer assistance line is 1-800-525-0127; its mailing address is P.O. Box
				47890, Olympia, WA 98504-7890.
(2)
				Individuals may contact the department to obtain or submit information, or make
				requests by:
(a) Writing to the department at
				Department of Health, P.O. Box 47890, Olympia, WA 98504-7890; or
(b) Visiting the department's web site at:
http://doh.wa.gov
.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter implements the statewide rules in chapter 197-11
				  WAC as they apply to the department of health. These rules are promulgated
				  under RCW
				     43.21C.120 (the State Environmental Policy
				  Act) and chapter 197-11 WAC (SEPA rules).
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-001, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
In addition to the definitions contained in WAC
				  197-11-700 through
				  197-11-799, the following terms
				  shall have the listed meanings throughout this chapter unless clearly indicated
				  otherwise:
(1) "Acting agency" means
				an agency with jurisdiction which has received an application for a license, or
				which is proposing an action.
(2)
				"Agency guidelines" means chapter 246-03 WAC.
(3) "Department" means the department of
				health.
(4) "Environmental report"
				means a document prepared by the applicant, when required by the department,
				for use in the preparation of a draft EIS.
(5) "Licensing" means the agency process in
				granting, renewing or modifying a license.
(6) "Private applicant" means any person or
				entity, other than an agency as defined in this section, applying for a license
				from an agency.
(7) "Secretary"
				means the secretary of the department of health or the secretary's
				designee.
(8) "SEPA guidelines"
				means chapter 197-11 WAC.
Statutory Authority:
					 RCW
					 43.21C.120 and
					 43.70.040. 10-20-072, §
					 246-03-010, filed 9/29/10, effective 10/30/10. Statutory Authority:
					 RCW
					    43.70.040. 91-02-050 (Order 122), §
					 246-03-010, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-030 - Timing and procedures for specified major actions

Current through Register Vol. 24-14, July 15, 2024
(1) Regulations and licenses relating to
				radioactive material.
(a) Scope of major
				action.
(i) Regulations relating to
				radioactive material shall include the adoption or amendment by the department
				of any regulations incorporating general standards for issuance of licenses
				authorizing the possession, use and transfer of radioactive material pursuant
				to RCW    70A.388.050 and 70A.310.030.
(ii) The issuance, revocation or suspension
				of individual licenses under RCW    70A.388.050 shall be exempt. However, the
				following licenses shall not be exempt: Licenses to operate low level waste
				burial facilities or licenses to operate or expand beyond design capacity
				mineral processing facilities, or their tailings areas, whose products, or
				byproducts, have concentrations of naturally occurring radioactive materials in
				excess of exempt concentrations as specified in WAC
				246-232-010.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-040 - Exemptions for emergency actions

Current through Register Vol. 24-14, July 15, 2024
If the secretary makes a written declaration that actions
				  must be undertaken immediately or within a time too short to allow full
				  compliance with SEPA requirements; and that such actions are necessary to avoid
				  an imminent threat to public health or safety, or to prevent an imminent danger
				  to public or private property, or to prevent an imminent threat of serious
				  environmental degradation; then such actions may be undertaken without
				  complying with SEPA requirements: Provided, That the department is the lead
				  agency for such actions.
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-040, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-050 - Determination of lead agency and responsible official

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall be the lead agency
				for the following actions:
(a) Adoption or
				amendment of regulations relating to radioactive source materials; proposals to
				construct, operate, or expand any uranium or thorium mill, or any tailings
				areas generated by uranium or thorium milling, or any low level radioactive
				waste burial facilities. The responsible official would be the division
				director, division of radiation protection, environmental health programs. Lead
				agency determination for other mineral processing proposals should be made in
				accordance with WAC
				197-11-924 through
				197-11-948;
(b) Approval of comprehensive plans for
				public water supply systems when such plans are developed by private applicants
				and unless indicated otherwise by WAC
				197-11-932,
				197-11-934 and
				197-11-936, and approval of new
				public water supply systems or major extensions of existing public water supply
				systems when such systems are being proposed by a private applicant unless
				indicated otherwise by WAC
				197-11-932,
				197-11-934, and
				197-11-936. The responsible
				official would be the section head, water supply and waste section, division of
				environmental health;
(c)
				Construction of any building, facility, or other installation for the purpose
				of housing department personnel or for fulfilling other statutorily directed or
				authorized functions. The responsible official would be a capital programs
				representative from the management services division, comptroller's
				office;
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-060 - Recommended timing for threshold determination

Current through Register Vol. 24-14, July 15, 2024
In most cases the time required to complete a threshold
				  determination should not exceed fifteen days. (WAC
				  197-11-310.)
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-060, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-070 - Threshold determination process

Current through Register Vol. 24-14, July 15, 2024
In making a threshold determination, the responsible official
				  shall follow the process outlined in WAC
				  197-11-330 through
				  197-11-390.
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-070, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-080 - Adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
Any person has the right to an adjudicative proceeding to
				  contest the department's final threshold determination that an EIS is or is not
				  necessary and/or the sufficiency of the final EIS. The proceeding is governed
				  by the Administrative Procedure Act (chapter 34.05 RCW), the rules in this
				  chapter, and by chapter 246-08 WAC. If any provision in this chapter conflicts
				  with chapter 246-08 WAC, the provision in this chapter governs.
(1) A person contesting a department's
				decision shall within twenty-eight days of the department's official notice of
				issuance of a final threshold determination or final EIS:
(a) File a written application for an
				adjudicative proceeding by a method showing proof of receipt by the department
				of health; and
(b) Include in or
				with the application:
(i) A specific statement
				of the issue or issues and law involved; and
(ii) The grounds for contesting the
				department decision.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-090 - Scoping

Current through Register Vol. 24-14, July 15, 2024
When the department receives a scoping notice from a lead
				  agency, the department shall submit any comments to the lead agency within
				  twenty-one days from the date of issuance of the determination of significance.
				  When the department is lead agency the steps in WAC
				  197-11-408 and
				  197-11-410 shall be
				  followed.
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-090, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-100 - Issuance of draft EIS

Current through Register Vol. 24-14, July 15, 2024
When the department is lead agency, it shall issue the draft
				  EIS in accordance with WAC
				  197-11-455.
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-100, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-110 - Policies and procedures for conditioning or denying permits or other approvals

Current through Register Vol. 24-14, July 15, 2024
(1)
				The policies and goals in this section are supplementary to existing
				authorities of the department.
(2)
				It is the policy of the department to avoid or mitigate adverse environmental
				impacts which may result from the department's decisions.
(3) The department shall use all practical
				means, consistent with other essential considerations of state policy, to
				improve and coordinate plans, functions, programs, and resources to the end
				that the state and its citizens may:
(a)
				Fulfill the responsibilities of each generation as trustee of the environment
				for succeeding generations;
(b)
				Assure for all people of Washington safe, healthful, productive, and
				aesthetically and culturally pleasing surroundings;
(c) Attain the widest range of beneficial
				uses of the environment without degradation, risk to health or safety, or other
				undesirable and unintended consequences;
(d) Preserve important historic, cultural,
				and natural aspects of our national heritage;
(e) Maintain, wherever possible, an
				environment which supports diversity and variety of individual
				choice;
(f) Achieve a balance
				between population and resource use which will permit high standards of living
				and a wide sharing of life's amenities; and
(g) Enhance the quality of renewable
				resources and approach the maximum attainable recycling of depletable
				resources.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-120 - Public hearings

Current through Register Vol. 24-14, July 15, 2024
A public hearing on the environmental impact of a proposal
				  shall be held as specified in WAC
				  197-11-535.
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-120, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-130 - Responsibilities of the department as a consulted agency

Current through Register Vol. 24-14, July 15, 2024
Other lead agencies may request the department for
				  consultation during the SEPA process. The department shall then provide
				  consultation in accordance with the requirements of WAC
				  197-11-502,
				  197-11-545 and
				  197-11-570.
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-130, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-140 - Designation of a responsible official

Current through Register Vol. 24-14, July 15, 2024
The secretary shall designate the responsible official for
				  any major action for which the department is lead agency when such designation
				  has not occurred elsewhere in these agency guidelines.
Statutory Authority:
					 RCW
					 43.21C.120 and
					 43.70.040. 10-20-072, §
					 246-03-140, filed 9/29/10, effective 10/30/10. Statutory Authority:
					 RCW
					 43.21C.120. 92-02-018 (Order 224), §
					 246-03-140, filed 12/23/91, effective 1/23/92. Statutory Authority:
					 RCW
					    43.70.040. 91-02-050 (Order 122), §
					 246-03-140, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-150 - SEPA public information

Current through Register Vol. 24-14, July 15, 2024
(1)
				When the department is lead agency, the responsible official shall retain SEPA
				documents required by this chapter and shall make them available to the public
				in accordance with chapter 42.17 RCW.
(2) When the department is lead agency, the
				responsible official shall transmit copies of the following documents to the
				department of ecology headquarters office in Olympia:
(a) All draft and final EISs. (See WAC
				197-11-455 and
				197-11-460.)
(b) All determinations of nonsignificance
				(see WAC 197-11-340).
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-03 - State Environmental Policy Act Guidelines › Section 246-03-160 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstances is held invalid, the remainder of this chapter, or the
				  application of the provision to other persons or circumstances, shall not be
				  affected.
Statutory Authority:
					 RCW
					 43.70.040. 91-02-050 (Order 122), §
					 246-03-160, filed 12/27/90, effective
					 1/31/91.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › ADJUDICATIVE PROCEEDINGS › Section 246-08-101 - Declaratory orders - Format, content, and filing

Current through Register Vol. 24-14, July 15, 2024
Any person may petition the department for a declaratory
					 order, under
					 RCW
					    34.05.240 with respect to the applicability
					 of a particular circumstance of a rule, order, statute enforced by the agency.
					 A petition for a declaratory order shall generally adhere to the following
					 format:
(1) At the top of the page
				  shall appear the wording "Before the Washington State Department of Health." On
				  the left side of the page below the following caption shall be set out: "In the
				  matter of the petition of (name of petitioning party to be inserted) for a
				  declaratory order." Opposite the caption shall appear the word
				  "petition."
(2) The body of the
				  petition shall be set out in numbered paragraphs. The first paragraph shall
				  state the name and address of the petitioning party. The second paragraph shall
				  state all rules or statutes that may be brought into issue by the petition.
				  Succeeding paragraphs shall set out the statement of facts similar in form to
				  applicable complaints in civil actions before the superior courts of this
				  state. The concluding paragraphs shall contain the request of the petitioner.
				  The petition shall be subscribed and verified in the manner prescribed for
				  verification of complaints in the superior courts of this state.
(3) The original and two legible copies shall
				  be filed with the Department of Health, Adjudicative Service Unit, P.O. Box
				  47879, Olympia, WA 98504-7879. Petitions shall be on white paper, 8 1/2" x 11"
				  in size.
Statutory Authority:
						RCW
						43.70.040,
						43.70.050,
						34.05.220, 42.17.250,
						70.02.005. 06-11-056, §
						246-08-101, filed 5/11/06, effective 6/11/06. Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-08-101, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › ADJUDICATIVE PROCEEDINGS › Section 246-08-102 - Declaratory orders - Procedural rights of persons in relation to petition

Current through Register Vol. 24-14, July 15, 2024
Within fifteen days after receiving a petition for a
					 declaratory order, the department shall notify all interested persons as
					 required by
					 chapter
					 34.05 RCW about the
					 petition and any other person it considers necessary. If a petition for a
					 declaratory order is set for specified proceedings under
					 RCW
					    34.05.240(5)(b), the
					 department shall give at least seven days advance written notice of the
					 proceedings to the petitioner and all interested persons required by law and
					 any other person it considers necessary. The notice must contain the time,
					 date, place, and nature of the proceedings and shall describe how interested
					 persons may participate in the proceeding.
Statutory Authority:
						RCW
						43.70.040,
						43.70.050,
						34.05.220, 42.17.250,
						70.02.005. 06-11-056, §
						246-08-102, filed 5/11/06, effective 6/11/06. Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-08-102, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › ADJUDICATIVE PROCEEDINGS › Section 246-08-103 - Declaratory orders - Disposition of petition

Current through Register Vol. 24-14, July 15, 2024
A declaratory order entered by the department or a decision
					 declining to enter a declaratory order shall be in writing and shall be served
					 upon the petitioner and all other persons described under
					 RCW
					    34.05.240(3).
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-08-103, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › ADJUDICATIVE PROCEEDINGS › Section 246-08-106 - Updating mailing lists

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Periodically, the department may cause the following notice, or a notice
				  substantially similar, to be mailed: "In order to maintain as current a mailing
				  list as possible, and to eliminate mailing notices to those who no longer have
				  need for such notices, the department will discontinue use of its old mailing
				  lists, effective (date to be specified). If you wish to continue receiving
				  copies of notices of intention to adopt, amend, or repeal rules after that
				  date, please fill out the attached form and return it to the department at the
				  address indicated on the form. If you do not return the form indicating your
				  desire to continue to receive notices to adopt, amend, or repeal rules, your
				  name or the names of your organization will be removed from the mailing
				  lists."
(2) The notice regarding
				  updating of mailing lists is to be mailed by first-class mail.
(3) The form to be filled out by those
				  persons or organizations wishing to continue to receive department notices to
				  adopt, amend, or repeal rules shall specify interest areas covered by these
				  notices, thereby enabling those on mailing lists to limit correspondence
				  received.
Statutory Authority:
						RCW
						43.70.040. 93-13-005 (Order 369), §
						246-08-106, filed 6/3/93, effective
						7/4/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › ADMINISTRATIVE PROCEDURES › Section 246-08-390 - Acquisition, security, retention, disclosure and destruction of health information

Current through Register Vol. 24-14, July 15, 2024
This section establishes how the department acquires,
					 secures, retains, discloses, and destroys health care information under chapter
					 70.02 RCW and health-related data under
					 RCW
					    43.70.050.
(1) The department of health (department) is
				  the single department in state government with the primary responsibilities for
				  the preservation of public health, monitoring health care costs, the
				  maintenance of minimal standards for quality in health care delivery, and the
				  general oversight and planning for all the state's activities as they relate to
				  the health of its citizenry. In this capacity, the department regularly obtains
				  individually identifiable health care information and health-related data
				  necessary for the department to carry out public health activities.
(2) For the purposes of this section "health
				  information" means "health care information" as defined in chapter 70.02 RCW
				  and "health-related data" as described in
				  RCW
				     43.70.050.
(3) Acquisition.
(a) The department may obtain health
				  information as authorized by state and federal law.
(b) The department will identify its
				  statutory authority to obtain health information when the department makes a
				  request for health information.
(c)
				  The department will identify its statutory authority to obtain and to disclose
				  health information when entering into a data sharing agreement.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › ADMINISTRATIVE PROCEDURES › Section 246-08-395 - Mailing lists and current address required

Current through Register Vol. 24-14, July 15, 2024
The department will update its mailing lists periodically.
					 Any person may request to be added or removed from the department's mailing
					 lists. It is the responsibility of the licensee, applicant for licensure, and
					 person who receives or applies for benefits administered by the department, to
					 keep the department informed of a current mailing address.
(1) Licensees, applicants for licensure, and
				  persons who receive or apply for benefits administered by the department must
				  provide the department with a current mailing address when submitting new
				  applications or renewal applications with the department.
(2) Licensees, applicants for licensure, and
				  persons who receive or apply for benefits are responsible for notifying the
				  appropriate department programs, in writing, of any address changes. The
				  department will accept written notice through e-mail, fax, or by regular
				  mail.
(3) The department will use
				  the most recent mailing address provided by the licensee, applicant, or persons
				  who receive or apply for benefits for all official correspondence.
(4) For the purpose of this section,
				  "licensee" means a person holding a license, permit, certification, approval,
				  registration, charter, or similar form of authorization required by law and
				  granted by the department.
Statutory Authority:
						RCW
						43.70.040,
						43.70.050,
						34.05.220, 42.17.250,
						70.02.005. 06-11-056, §
						246-08-395, filed 5/11/06, effective
						6/11/06.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › POLICIES › Section 246-08-400 - Health care providers charging for searching and duplicating health care records

Current through Register Vol. 24-14, July 15, 2024
A health care provider may charge a reasonable fee as
					 defined in
					 RCW
					    70.02.010 for searching and duplicating
					 health care records. In accordance with
					 RCW
					    70.02.010 the fees a provider may charge
					 cannot exceed the fees listed below:
(1) Copying charge per page:
(a) No more than one dollar and twenty-four
				  cents per page for the first thirty pages;
(b) No more than ninety-four cents per page
				  for all other pages.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › POLICIES › Section 246-08-420 - Public records - Access and exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall, upon request, make
				  public records available for inspection and copying, during the department's
				  normal business hours.
(2) The
				  location of specific public records may be obtained by contacting the program
				  where the records are maintained or the appointed public records disclosure
				  designee.
(3) Requests to inspect
				  or receive copies of public records must include:
(a) A description of the requested record or
				  records;
(b) An indication whether
				  the requestor wishes to inspect or receive a copy of the requested
				  records;
(c) An address or other
				  means through which the department may communicate with the requestor to
				  clarify the request, provide information on copying charges and collect
				  payment, and arrange for inspection or mailing of copies of the requested
				  record or records; and
(d) If a
				  list of names of individuals is being requested, an explanation of the purpose
				  for which the request is made, consistent with RCW    42.17.260(9).
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › POLICIES › Section 246-08-440 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
Access to the record storage areas shall be restricted to
					 insure that essential functions of the agency are carried out and public
					 records are not damaged, altered, disorganized, or lost. Inspection shall be in
					 the presence of an authorized department employee. Inspection shall be denied
					 and the records withdrawn if the individual inspecting the records is doing so
					 in a manner likely to damage, alter, or substantially disorganize them; or
					 attempts to remove them from the prescribed location; or is excessively
					 interfering or will unduly interfere with other essential functions of the
					 department.
Statutory Authority:
						RCW
						43.70.050. 93-08-004 (Order 346), §
						246-08-440, filed 3/24/93, effective
						4/24/93.
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › POLICIES › Section 246-08-450 - Final orders, declaratory orders, interpretive statements and policy statements - Indexes

Current through Register Vol. 24-14, July 15, 2024
(1) In
				  accordance with RCW    42.17.260, the department shall index:
(a) Final orders that are issued in
				  adjudicative proceedings as defined in
				  RCW
				     34.05.010(1) and contain an
				  analysis or decision of substantial importance to the department in carrying
				  out its duties;
(b) Declaratory
				  orders that contain an analysis or decision of substantial importance to the
				  department in carrying out its duties;
(c) Interpretive statements as defined in
				  RCW
				     34.05.010(8); and
(d) Policy statements as defined in
				  RCW
				     34.05.010(14).
Washington Administrative Code › Title 246 - Health, Department of › AGENCY DESCRIPTION › Chapter 246-08 - Practice and procedure › POLICIES › Section 246-08-480 - Index of significant decisions

Current through Register Vol. 24-14, July 15, 2024
(1) The department's index of significant
				  decisions, prepared under RCW    42.17.260, contains orders that are issued in
				  adjudicative proceedings as defined in
				  RCW
				     34.05.010(1) and include an
				  analysis or decision of substantial importance to the department in carrying
				  out its duties. Together with the indices maintained under WAC
				  246-08-450, "significant
				  decisions" shall serve as the index required by RCW    42.17.260(4)(b) and
				  (c).
(2) The department selects the
				  orders to be included in "significant decisions" based on recommendations from
				  staff and the public. Generally, a decision or order is considered
				  "significant" only if it provides a legal analysis or interpretation not found
				  in existing case law, or applies settled law to unusual facts. The significant
				  decision index shall include orders meeting the criteria in subsection (1) of
				  this section, issued by the department and the disciplining authorities
				  identified in
				  RCW
				     18.130.040.
(3) The index shall, at a minimum, contain
				  the case or document number; type of document; name of parties, if applicable,
				  unless such names are exempt from public disclosure; brief description of
				  subject, program; pertinent legal citation; and location of the
				  document.
(4) Any person may
				  nominate a final adjudicative order, other adjudicative order or declaratory
				  order to be evaluated for indexing by completing an Order Index Nomination
				  Request Form. The form can be obtained from and returned to the Adjudicative
				  Service Unit, P.O. Box 47879, Olympia, WA 98504-7879, along with a copy of the
				  nominated order. The department shall make a final decision as to whether to
				  index the nominated order, and that decision is not appealable.
(5) The department shall periodically update
				  and review the index to verify that the indexed documents continue to meet the
				  criteria in subsection (1) of this section. The department may, at any time,
				  delete a document from an index. Under RCW    42.17.260(6), a public record may
				  not be cited in a proceeding if it has not been indexed.
(6) The index is a public record and is
				  available for public inspection and copying in accordance with WAC
				  246-08-420 and
				  246-08-440. The index of
				  significant adjudicative orders is located in the Adjudicative Service Unit,
				  310 Israel Road, Tumwater, WA 98501.
Statutory Authority:
						RCW
						43.70.040,
						43.70.050,
						34.05.220, 42.17.250,
						70.02.005. 06-11-056, §
						246-08-480, filed 5/11/06, effective
						6/11/06.