reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-075 - Costs of providing public records

Current through Register Vol. 24-14, July 15, 2024
(1) The following copy fees and payment
				procedures apply to requests to DES under the Public Records Act and received
				on or after July 8, 2019, date.
(2)
				Pursuant to
				RCW
				   42.56.120(2)(b), DES is not
				calculating all actual costs for copying records because to do so would be
				unduly burdensome for the following reasons:
(a) DES does not have the resources to
				conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere
				with other essential agency functions; and
(c) Through the 2017 legislative process the
				public and requestors have commented on and been informed of authorized fees
				and costs, including for electronic records, provided in
				RCW    42.56.120(2)(b)
				and (c), (3) and (4).
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-080 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Any
				person who has been denied an opportunity to inspect or copy a public record by
				an agency or who believes that an agency has not made a reasonable estimate of
				the time required to respond to a public record request may petition the agency
				for prompt review of its decision.
(b) The petition shall be in writing and
				shall include a copy of, or reasonably identify, the written statement by the
				public records officer denying the request or providing the estimate.
(c) The petition shall be sent to the public
				records officer who shall promptly provide the petition and any other relevant
				information to the agency official designated by the agency to conduct the
				review.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-085 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The state
				general records retention schedule and the department's unique records
				retention schedule, as established and approved by the state records committee,
				serve as the index for the identification and location of the department's
				records, including those described in
				RCW
				   42.56.070(5).
(2) The current index, as described in
				subsection (1) of this section, is available to all persons under the same
				rules and on the same conditions as are applied to public records available for
				inspection. The index can be found on the DES web site at
http://www.des.wa.gov
.
Statutory Authority:
					 RCW
					 43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-085, filed 12/22/11, effective
					 1/22/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-01 - Public records › Section 200-01-090 - Commercial purposes

Current through Register Vol. 24-14, July 15, 2024
No provisions of any rule contained in this title shall be
				  construed as giving authority to any DES officer or employee to give, sell, or
				  provide access to lists of individuals requested for commercial purposes. If a
				  list of individuals is included in the records requested, DES may require
				  requestors to identify themselves and the purpose of their request, and provide
				  a signed statement that the requestor will not use the list of individuals for
				  commercial purposes.
When DES has credible indication that a requested list of
				  individuals might be used for commercial purposes, DES will investigate the
				  request further. DES will determine on a case-by-case basis whether such
				  further investigation is necessary, based on the identity of the requestor, the
				  nature of the records requested, and any other information available to DES.
				  When DES determines further investigation is necessary, DES will require
				  requestors to identify the purpose of their request.
Statutory Authority:
					 RCW
					    43.19.011 and
					 chapter
					 42.56 RCW. 12-02-004,
					 § 200-01-090, filed 12/22/11, effective
					 1/22/12.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-10 - Compliance with State Environmental Policy Act › Section 200-10-010 - Authority, scope and coverage of this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter is promulgated pursuant to
				RCW
				   43.21C.120.
(2) Compliance with the rules of this chapter
				shall constitute procedural compliance with SEPA for an "action" as defined in
				WAC 197-11-704.
(3) The rules of this chapter contain no
				sections relating to the notice/statute of limitations provisions of
				chapter
				43.21C RCW. To utilize
				these provisions, the department of enterprise services shall follow the
				statutory language and any applicable regulations of the department of
				ecology.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-10-010, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    43.21C.120. 98-20-019, § 236-11-010,
					 filed 9/25/98, effective 10/26/98; 84-20-015 (Order 84-02), § 236-11-010,
					 filed 9/25/84.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-10 - Compliance with State Environmental Policy Act › Section 200-10-050 - Applications for exemptions within the department of enterprise services

Current through Register Vol. 24-14, July 15, 2024
Each "action" of the department shall have a form completed
				  and retained in the applicant's division files. This form shall show the action
				  and exemption decision, exempt or otherwise, and be signed by the department of
				  enterprise services representative making that decision. This form shall also
				  show any threshold decision, including determinations of nonsignificance and
				  significance, signed by the department representative. Additionally, copies of
				  the threshold determination shall be included in the file.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-10-050, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    43.21C.120. 98-20-019, § 236-11-050,
					 filed 9/25/98, effective 10/26/98; 84-20-015 (Order 84-02), § 236-11-050,
					 filed 9/25/84.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-10 - Compliance with State Environmental Policy Act › Section 200-10-060 - Timing of the EIS process

Current through Register Vol. 24-14, July 15, 2024
(1)
				Public works request. Any agency submitting a public works request to the
				department of enterprise services shall be regarded as the lead agency. It will
				be the sole responsibility of an agency submitting a public works request to
				determine whether the action is exempt and, if not, to prepare an environmental
				checklist, make threshold determinations of nonsignificance or significance,
				prepare draft and final EIS's and conduct public hearings. If an EIS is
				required for any public works request the working draft EIS must be prepared
				concurrently or prior to the completion of the design development phase.
				Evidence of compliance with SEPA rules, chapter 197-11 WAC, must be provided to
				the department of enterprise services prior to implementing
				proposals.
(2) Space request. The
				department of enterprise services will normally assume responsibility as lead
				agency for space requests submitted to the department. However, if an EIS is
				required for a space request the agency submitting the space request may be
				assigned responsibility for preparing the draft and final EIS's and to conduct
				public hearings.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-10-060, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    43.21C.120. 84-20-015 (Order 84-02), §
					 236-11-060, filed 9/25/84.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-10 - Compliance with State Environmental Policy Act › Section 200-10-080 - Public notice requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall give public notice
				when issuing a DNS under WAC
				197-11-340, DS and scoping notice
				under WAC
				197-11-360, or a draft EIS under
				WAC 197-11-455.
(2) The department may require an applicant
				to perform the public notice requirement at its expense.
(3) The department shall use one or more of
				the following methods of public notice, taking into consideration the
				geographic area affected by the proposal, the size and complexity of the
				proposal, public interest expressed in the proposal, and whether the proposal
				is a project or regulation:
(a) Mailing to
				public or private persons or groups who have expressed interest in the
				proposal, in a certain type of proposal, or proposals in the geographic area in
				which the proposal is located;
(b)
				Publication in a newspaper of general circulation in the area in which the
				proposal will be implemented; and/or
(c) Posting the property, for site-specific
				proposals.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-10 - Compliance with State Environmental Policy Act › Section 200-10-100 - Policies and procedures for conditioning or denying permits or other approvals

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) It is department of enterprise services
				policy to avoid or mitigate adverse environmental impacts which may result from
				the department's decisions.
(b) The
				department shall use all practicable means, consistent with other essential
				considerations of state policy, to improve and coordinate plans, functions,
				programs, and resources so that the state and its citizens may:
(i) Fulfill the responsibilities of each
				generation as trustee of the environment for succeeding generations;
(ii) Assure for all people of Washington,
				safe, healthful, productive, and aesthetically and culturally pleasing
				surroundings;
(iii) Attain the
				widest range of beneficial uses of the environment without degradation, risk to
				health or safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural,
				and natural aspects of our national heritage;
(v) Maintain, wherever possible, an
				environment which supports diversity and variety of individual
				choice;
(vi) Achieve a balance
				between population and resource use which will permit high standards of living
				and a wide sharing of life's amenities; and
(vii) Enhance the quality of renewable
				resources and approach the maximum attainable recycling of depletable
				resources.
(c) The
				department shall develop plans and programs to economically house state
				government activities so as to provide maximum services to the people of
				Washington consistent with (b) of this subsection.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › GENERAL › Chapter 200-10 - Compliance with State Environmental Policy Act › Section 200-10-130 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance 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: 2011 c 43. 11-23-093, recodified as
					 WAC 200-10-130, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    43.21C.120. 84-20-015 (Order 84-02), §
					 236-11-130, filed 9/25/84.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-010 - Preamble and authority

Current through Register Vol. 24-14, July 15, 2024
These rules governing local government self-insurance
				  transactions are adopted by the state risk manager to implement chapter 48.62
				  RCW relating to the management and operations of both individual and joint
				  local government property and liability self-insurance
				  programs.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-010, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-010, filed
					 12/14/09, effective 1/14/10; 05-04-072, amended and recodified as §
					 82-60-010, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62
					 RCW. 93-16-079, § 236-22-010, filed 8/3/93, effective 9/3/93; 92-12-092,
					 § 236-22-010, filed 6/3/92, effective
					 7/1/92.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Actuary" means
				any person who is a fellow of the Casualty Actuarial Society and a member of
				the American Academy of Actuaries.
(2) "Assessment" means the moneys paid by the
				members to a joint self-insurance program, excluding member claim deductibles
				and fees for supplementary services.
(3) "Broker of record" means the insurance
				producer licensed in the state of Washington who, through a contractual
				agreement with the joint self-insurance program, procures insurance on behalf
				of the joint self-insurance program.
(4) "Case reserves" means the total of all
				claims and claims adjustment expenses for covered events which have occurred
				and have been reported to the joint and individual self-insurance programs as
				of the date of the financial statement. Case reserves include an estimate for
				each reported claim based on the undiscounted jury verdict value of said
				claim.
(5) "Claim adjustment
				expense" means expenses, other than claim payments, incurred in the course of
				investigating and settling claims.
(6) "Claim" means a demand for payment for
				damages or policy benefit because of the occurrence of an event that includes,
				but is not limited to, the destruction or damage of property or reputation,
				bodily injury or death and alleged civil rights violations.
(7) "Claims auditor" means a person who has
				the following qualifications:
(a) A minimum of
				five years in claims management and investigative experience;
(b) A minimum of three years of experience in
				auditing the same manner of claims filed against the program being
				audited;
(c) Proof of professional
				liability insurance; and
(d)
				Provides a statement that the auditor is independent from the program being
				audited, its vendors, insurers, brokers, and third-party
				administrators.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02001 - Standards for operation and management - Rules for individual self-insurance program

Current through Register Vol. 24-14, July 15, 2024
Each individual self-insurance program that self-insures is
				  exempt from the rules applicable to joint self-insurance programs. Individual
				  self-insurance programs shall meet the following standards:
(1) The individual self-insurance program
				must notify the state risk manager of its existence or termination.
(2) The program may contract for claims
				handling and investigation services, or the program may choose to provide these
				services internally. In either case, the person responsible for the program
				shall establish sufficient contract monitoring and internal control procedures
				to provide adequate oversight over the claims handling and investigation
				process.
(3) The program shall
				establish standards requiring each claim be reserved for settlement, legal and
				loss adjustment expense. Settlement (indemnity) reserves shall be established
				by a reserving process which may include estimates of jury verdict
				value.
(4) The program shall
				establish claims reserving processes that include a periodic review of case
				reserves.
(5) The individual
				self-insurance program may obtain the services of an independent claims auditor
				to evaluate the claims handling procedures of its contractor or internal
				staff.
(6) The program may use the
				services of an actuary to determine the funding levels necessary to fund
				reserves restricted for payment of claims and related claims
				expenses.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-100-02001, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02001,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02003 - Standards for operation and management - Rules for joint self-insurance programs

Current through Register Vol. 24-14, July 15, 2024
The following rules apply exclusively to joint self-insurance
				  programs. Individual programs shall be exempt from these
				  requirements.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-100-02003, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02003,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02005 - Standards for operation-Membership

Current through Register Vol. 24-14, July 15, 2024
Membership in a joint self-insurance program requires the
				  execution of an interlocal agreement. Only members may participate in
				  risk-sharing. Only members may participate in the self-insured retention layer,
				  and only members may participate in the joint purchase of insurance or
				  reinsurance. Further, each member shall agree to the following:
(1) Each member shall pay assessments and
				reassessments when required by the governing body of the program.
(2) Each member shall obtain approval to join
				the program from the governing body of the respective member. The approval
				shall be by resolution or ordinance of the governing body as appropriate for
				the entity type.
(3) Each member
				shall become a signatory to the interlocal agreement and subsequent amendments
				to the interlocal agreement of the joint self-insurance program.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02005, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02005,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02007 - Standards for operation-Providing services to nonmembers

Current through Register Vol. 24-14, July 15, 2024
(1) Nonmembers may
				purchase services through an interlocal agreement as authorized by
				chapter
				39.34 RCW. Nonmembers
				shall not participate in any coverages of the joint self-insurance program
				including the self-insured retention layer and the excess insurance or
				reinsurance layer. This section is not intended to preclude nonmembers
				purchasing services from becoming members of the joint self-insurance program,
				provided the nonmember meets the requirements of WAC
				200-100-020(17) and is eligible for membership as authorized by
				RCW
				   48.62.021(1).
(2) A program intending to provide services
				to nonmem-bers shall submit a written plan to the state risk manager for
				approval prior to providing services. The plan shall include, at a minimum, the
				services to be provided, the time frame for providing such services, the
				expected revenues and expenditures resulting from providing said services, and
				a written analysis of all potential federal and state tax liabilities created
				by providing services to nonmem-bers. The arrangement to provide such services
				shall be approved in writing by the state risk manager within sixty days of the
				joint self-insurance program's final plan submission.
(3) Every joint self-insurance program
				providing services as of the effective date of these regulations must submit a
				written plan meeting the requirements stated herein.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02007, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02007,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02009 - Standards for operation-Communication with members-Annual membership report

Current through Register Vol. 24-14, July 15, 2024
The joint self-insurance program shall make available to each
				  member a copy of the program's annual membership report. The annual membership
				  report shall include, at a minimum, financial information which includes the
				  balance sheet and statement of revenues, expenses and net assets. The reports
				  shall be delivered to each member by electronic or regular mail. Programs may
				  meet the delivery requirement by publishing and maintaining the membership
				  report on the official website of the program for a minimum of three years from
				  the date of publication.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02009, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02009,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02011 - Standards for operations-Meetings

Current through Register Vol. 24-14, July 15, 2024
All joint self-insurance programs are subject to the
				  requirements of the Open Public Meetings Act as described in
				  chapter
				  42.30 RCW and all
				  additional requirements for meeting notifications as described in this
				  chapter.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02011, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02011,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02013 - Standards for operation-Notice of regular meetings of the governing body

Current through Register Vol. 24-14, July 15, 2024
Every joint self-insurance program shall provide every
				  member with a notice of the time and place of each regular meeting of the
				  governing body at least ten days prior to the meeting. The notice shall be
				  provided in electronic or paper form, and the time and location of each meeting
				  shall be included in such notice. The state risk manager shall be provided a
				  copy of all meeting notifications to members in the same form, manner and time
				  as provided to members. In addition to electronic or regular mail, programs
				  shall publish notification of regular meetings on the web site of the program
				  accessible to the public. Notice of regular meetings shall comply with the
				  meeting notification requirements of
				  chapter
				  42.30 RCW or be published
				  at least ten days in advance of regular meetings, whichever notification time
				  is greater.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02013, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02013,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02015 - Standards for operation - Special meetings - Notice to members

Current through Register Vol. 24-14, July 15, 2024
All joint self-insurance programs shall comply with the
				  requirements of
				  RCW
				     42.30.080 in providing notification of
				  special meetings. In addition, programs shall provide notice by electronic mail
				  to the state risk manager and every member of the joint self-insurance program
				  twenty-four hours in advance of every special meeting.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-100-02015, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02015,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02017 - Standards for operations-Meeting agendas-Meeting minutes

Current through Register Vol. 24-14, July 15, 2024
Every joint self-insurance program must provide the state
				  risk manager and every member with a preliminary agenda in advance of each
				  meeting of the governing body. The agenda shall be provided by electronic mail
				  and shall be posted on the web site of the program accessible to the public.
				  Meeting minutes, after approval, shall be posted on the web site of the program
				  accessible to the public.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02017, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02017,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02019 - Standards for operation-Notification of changes to bylaws or interlocal agreement

Current through Register Vol. 24-14, July 15, 2024
Every joint self-insurance program shall provide
				  notification of the intent to change the bylaws or interlocal agreement to each
				  member of the joint self-insurance program and the state risk manager by
				  regular or electronic mail at least thirty days in advance of the meeting
				  during which a vote on the proposed change will occur. Such notification shall
				  include a copy of proposed changes.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02019, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02019,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02021 - Standards for operation-Changes to interlocal agreement

Current through Register Vol. 24-14, July 15, 2024
(1) Changes to the interlocal agreement shall
				be by amendment and shall be approved by the governing body of each joint
				self-insurance program during a regular meeting of the governing body.
(2) Amendments to the interlocal
				agreement shall be adopted by ordinance or resolution of the governing board or
				council of each member and signed by an authorized representative of each
				member. The resolution or ordinance shall include, but not be limited to, an
				acknowledgment that the entity shall be subject to assessments and
				reassessments if required by the joint self-insurance program. The signed
				amendment and copy of the ordinance or resolution, as appropriate, shall be
				submitted to, and retained by, the joint self-insurance program. Copies of the
				interlocal agreement and subsequent amendments shall be published on the web
				site of the joint self-insurance program.
(3) Changes to any terms of the interlocal
				agreement shall require amendment using the approval and adoption process
				described above.
(4) Each new
				member joining a joint self-insurance program after the formation of the
				program shall sign a copy of the most current interlocal agreement and copies
				of all subsequent amendments to that agreement that have been adopted by the
				governing body of the joint self-insurance program. The joint self-insurance
				program shall retain the signed interlocal agreements and amendments until
				termination of the program occurs.
(5) When a new interlocal agreement is
				adopted by the governing body of the joint self-insurance program to replace
				the existing interlocal agreement and incorporate amendments, the new
				interlocal agreement shall be adopted by ordinance or resolution by the
				governing body of each member of the joint self-insurance program. The new
				interlocal agreement shall be signed by an authorized representative of each
				member. The signed interlocal agreement and a copy of the ordinance or
				resolution adopting the program shall be submitted to, and retained by, the
				joint self-insurance program until termination of the program occurs.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02021, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02021,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-02023 - Standards for operation-Elections of the governing body

Current through Register Vol. 24-14, July 15, 2024
The governing body of every joint self-insurance program
				  shall be elected by a majority of the members voting in the election. Elections
				  may be conducted during a regular meeting of the governing body or by mail-in
				  ballot or electronic ballot. If mail-in or electronic ballots are used, the
				  ballots are to be counted and secured until certified by the governing body at
				  the same or the next regular meeting and recorded in the meeting minutes.
				  Vacancies on the governing board shall be filled according to program by-laws.
				  Joint self-insurance programs governed by a governing body which requires the
				  inclusion of a voting representative from each member entity in such governing
				  body are exempt from the requirements of this section.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-02023, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-02023,
					 filed 12/14/09, effective 1/14/10.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-030 - Standards for management and operation-Adoption of program (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-030, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-030, filed
					 12/14/09, effective 1/14/10; 05-04-072, amended and recodified as §
					 82-60-030, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62
					 RCW. 93-16-079, § 236-22-030, filed 8/3/93, effective
					 9/3/93.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-033 - Standards for management and operations-Individual rate setting-Nondiscrimination in joint program assessments

Current through Register Vol. 24-14, July 15, 2024
(1) Joint self-insurance program assessment
				formulas shall include all costs including rating for insured and self-insured
				layers of coverage. Assessment formulas shall be consistent and
				nondiscriminatory among all members.
(2) This provision shall not be construed to
				prohibit individual choice of coverage by members from several offered by the
				joint self-insurance program. The assessment formula, including the insured and
				self-insured components, shall be consistently applied to reflect the selection
				from among these choices.
(3) The
				assessment formula shall be available for review by the state risk
				manager.
(4) Joint self-insurance
				programs shall not sell equity, security, or shares in the joint self-insurance
				program.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-033, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-033, filed
					 12/14/09, effective 1/14/10; 05-04-072, recodified as § 82-60-033, filed
					 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. 93-16-079,
					 § 236-22-033, filed 8/3/93, effective
					 9/3/93.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-034 - Standards for operations-Disclosures

Current through Register Vol. 24-14, July 15, 2024
(1) All joint self-insurance programs shall
				furnish to each new member joining a self-insurance program written statements
				which describe:
(a) Insurance coverages or
				benefits currently provided by the program, including any applicable
				restrictions, limitations, and exclusions;
(b) The method by which members'
				(re)assessments are determined;
(c)
				The procedure for filing a claim against the joint self-insurance
				program;
(d) The procedure for a
				member to request an adjudication of disputes or appeals arising from coverage,
				claim payment or denial, membership, and other issues; and
(e) General characteristics of the insurance
				coverage portion of the program.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-036 - Standards for operations - Standards for solvency - Termination provisions

Current through Register Vol. 24-14, July 15, 2024
(1) Program
				terminations. All joint self-insurance programs shall maintain a written plan
				that provides for the partial or complete termination of the program and for
				liquidation of its assets upon termination of the program. The termination
				procedure shall include, but not be limited to, a provision for the settling of
				all its liabilities for unpaid claims and claim adjustment expenses.
(2) Member terminations. All joint
				self-insurance programs shall maintain a written plan that provides for the
				termination of membership of a member.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-100-036, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-036, filed
					 12/14/09, effective 1/14/10; 05-04-072, amended and recodified as §
					 82-60-036, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62
					 RCW. 93-16-079, § 236-22-036, filed 8/3/93, effective
					 9/3/93.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-037 - Standards for management and operations - Financial plans

Current through Register Vol. 24-14, July 15, 2024
(1) All joint
				self-insurance programs shall maintain a written plan for managing the
				financial resources of the program. The financial plan shall include:
(a) A procedure for accounting for moneys
				received, payments made and liabilities of the joint program which complies
				with generally accepted accounting principles;
(b) An investment policy which conforms to
				RCW
				   48.62.111 governing the investments of the
				program; and
(c) The preparation
				and submission of accurate and timely annual financial reports of the program
				as prescribed by the state auditor's office.
(d) The submission of audited financial
				statements to the state risk manager within eight months of the program's
				fiscal year end which meet the requirements of the state auditor and state risk
				manager as described in this chapter.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-038 - Standards for management - Standards for contracts - Third-party administrator contracts

Current through Register Vol. 24-14, July 15, 2024
Before contracting for third-party administrator professional
				  services, all joint self-insurance programs shall establish and maintain
				  written procedures for contracting with third-party administrators. Entering a
				  contract for services shall not relieve the governing body of the joint
				  self-insurance program of its ultimate governing, managerial and financial
				  responsibilities. The procedures shall, as a minimum:
(1) Provide a method of third-party
				administrator selection using a formal competitive solicitation
				process;
(2) Require a complete
				written description of the services to be provided, remuneration levels,
				contract period and expiration date providing for a contract term no greater
				than five years. The contract may include an additional one year extension to
				be exercised at the discretion of the joint self-insurance program;
(3) Provide for the confidentiality of the
				program's information, data and other intellectual property developed or shared
				during the course of the contract;
(4) Provide for the program's ownership of
				the information, data, and other intellectual property developed or shared
				during the course of the contract;
(5) Provide for the expressed authorization
				of the joint self-insurance program, consultants to the program, the state
				auditor, the state risk manager, or their designees, to enter the third-party
				administrator's premises to inspect and audit the records and performance of
				the third-party administrator which pertains to the program and to obtain such
				records electronically when audit travel costs can be eliminated or
				reduced;
(6) Require the compliance
				with all applicable local, state and federal laws;
(7) Establish a monitoring and acceptance
				procedure to determine compliance with third-party administrator contract
				requirements; and
(8) Establish
				indemnification provisions and set forth insurance requirements between the
				parties.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-100-038, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-038, filed
					 12/14/09, effective 1/14/10; 05-04-072, amended and recodified as §
					 82-60-038, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62
					 RCW. 93-16-079, § 236-22-038, filed 8/3/93, effective
					 9/3/93.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-039 - Standards for management and operations-Preparation for incorporation (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-039, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-039, filed
					 12/14/09, effective 1/14/10; 05-04-072, § 82-60-039, filed 2/1/05,
					 effective 3/4/05.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-040 - Standards for operation and management-Risk management (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-100-040, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 RCW
					    48.62.061. 10-01-072, § 82-60-040, filed
					 12/14/09, effective 1/14/10; 05-04-072, recodified as § 82-60-040, filed
					 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. 93-16-079,
					 § 236-22-040, filed 8/3/93, effective
					 9/3/93.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-050 - Standards for claims management-Claims administration

Current through Register Vol. 24-14, July 15, 2024
(1) All joint self-insurance programs shall
				adopt a written claims administration program which includes, as a minimum, the
				following procedures:
(a) Claims filing
				procedures and forms.
(b) Standards
				requiring case reserves for each claim be established in the amount of the jury
				verdict value.
(c) Standards
				requiring case reserves be reviewed every 90 days or when reasonably
				practicable and such review is documented in the claims diary.
(d) Standards requiring appropriate adjuster
				work loads.
(e) Standards requiring
				claims payment procedures include sufficient internal controls to ensure
				adequate review and approval by claims management staff.
(f) Standards requiring file documentation be
				complete and up-to-date.
(g)
				Standards requiring timely and appropriate claim resolution
				practices.
(h) Standards requiring
				opportunities for recoveries be reviewed and documented for each
				claim.
(i) Standards requiring
				compliance with Internal Revenue Service (IRS) rules for 1099MISC
				regulations.
(j) Standards
				requiring claims files be audited on the following categories: Staffing,
				caseloads, supervision, diary, coverage, reserves, promptness of contacts,
				field investigations, file documentation, settlements, litigation management
				and subrogation.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-060 - Standards for management and operations-State risk manager reports

Current through Register Vol. 24-14, July 15, 2024
(1) Every joint
				property and liability self-insurance program authorized to transact business
				in the state of Washington shall submit the annual report to the state risk
				manager.
(2) The annual report to
				the state risk manager shall require the following information to be submitted
				in electronic form:
(a) Unaudited annual
				financial statements, including attestation, as provided to the state auditors
				office;
(b) Actuarial reserve
				review report on which the net claims liabilities at fiscal year end reported
				in the unaudited financial statements are based;
(c) Copies of all insurance coverage
				documents;
(d) List of contracted
				consultants;
(e) Details of changes
				in articles of incorporation, bylaws or interlocal agreement;
(f) Details of services provided by contract
				to nonmem-bers;
(g) List of members
				added or terminated.
Such reports shall be submitted to the state risk manager no
				  later than one hundred fifty days following the completion of the joint
				  program's fiscal year.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-065 - Standards for operations-Program changes-Notification to the state risk manager

Current through Register Vol. 24-14, July 15, 2024
(1) All joint
				self-insurance programs shall operate in the same form and manner stated in the
				program's original application approved by the state risk manager. Programs
				shall submit a written request and receive approval from the state risk manager
				prior to implementing the following proposed program changes:
(a) Elimination or reduction of stop loss
				insurance;
(b) Acceptance of any
				loans or lines of credit;
(c)
				Provision of services to nonmembers;
(d) Addition of members of other entity types
				than those included in original application approved by state risk
				manager.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-100 - Self-insurance requirements as to local governments › Section 200-100-080 - Standards for management and operations - Conflict of interest

Current through Register Vol. 24-14, July 15, 2024
(1) Every joint
				self-insurance program shall require the claims auditor, the third-party
				administrator, the actuary, and the broker of record to contract separately
				with the joint self-insurance program. Each contract shall require that a
				written statement be submitted to the program on a form provided by the state
				risk manager providing assurance that no conflict of interest exists prior to
				acceptance of the contract by the joint self-insurance program.
(2) All joint self-insurance programs shall
				meet the following standards regarding restrictions on the financial interests
				of the program administrators:
(a) No member
				of the board of directors; trustee; administrator, including a third-party
				administrator; or any other person having responsibility for the management or
				administration of a joint self-insurance program or the investment or other
				handling of the program's money shall:
(i)
				Receive directly or indirectly or be pecuniarily interested in any fee,
				commission, compensation, or emolument arising out of any transaction to which
				the program is or is expected to be a party except for salary or other similar
				compensation regularly fixed and allowed for because of services regularly
				rendered to the program.
(ii)
				Receive compensation as a consultant to the program while also acting as a
				member of the board of directors, trustee, third-party administrator, or as an
				employee.
(iii) Have any direct or
				indirect pecuniary interest in any loan or investment of the program.