reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-365 - Docking and undocking of certain vessels by the vessels' masters

Current through Register Vol. 24-14, July 15, 2024
On a passenger vessel not requiring a tug for docking or
				undocking, the master of the vessel may maneuver the vessel into or out of its
				berth under the following procedures and conditions:
(1) The master may not commence maneuvering
			 the vessel until the express consent of the pilot has been given;
(2) Any such consent shall be on a
			 case-by-case basis and be valid only for that specific berthing or
			 departure;
(3) The master may not
			 delegate maneuvering responsibility for the vessel to an officer other than the
			 vessel's staff captain;
(4) The
			 exact location for the exchange of maneuvering responsibilities between the
			 pilot and the master must be part of the consent and the exchange must always
			 occur in close proximity (approximately the vessel's length, but not to exceed
			 twice the vessel's length) to the vessel's berth; and
(5) While the master is maneuvering the
			 vessel pursuant to this section, the pilot shall remain available to advise and
			 assist the master and the master shall be responsible for keeping the pilot
			 informed as to all material aspects of the master's maneuvering of the
			 vessel.
Statutory Authority:
				  RCW
				  88.16.035. 03-09-097, §
										363-116-365, filed 4/21/03,
				  effective 5/22/03.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-370 - System of specified disciplinary or corrective actions

Current through Register Vol. 24-14, July 15, 2024
When a pilot has received multiple disciplinary actions
				pursuant to
				RCW
				 88.16.100(1) and/or (2)
				within any two-year period, the board shall evaluate the pilot and prepare and
				personally serve upon him/her a notice advising of the board's intended action,
				the specific ground therefore, and the right to request a hearing pursuant to
				RCW
				 88.16.100(4) to challenge
				the board's action. Such intended action may include the temporary suspension
				of the pilot from duties until such pilot has satisfactorily completed
				subsection (1) or (2) of this section:
(1) An approved course-of-study which may
			 include navigation training and testing; or
(2) Any remedial activity or treatment
			 designated by the board to assure fitness and competence for full pilotage
			 duties.
In ordering such disciplinary action, the board shall take into
				account both the causes of the previous disciplinary actions and the pilot's
				previous record.
Failure to enter into such corrective action within thirty days
				of the board's action may be cause for revocation of the pilot's
				license.
In the event of a temporary license suspension, license
				reinstatement and resumption of pilotage duties shall not be authorized until
				the board has reviewed completed activity and formally extended approval. Such
				approval shall not be unreasonably withheld by the board and shall be reviewed
				and acted upon within five days of the completion of the
				activity.
Statutory Authority:
				  Chapter
				  88.16 RCW and 2008 c 128.
				  08-15-119, §
										363-116-370, filed 7/21/08,
				  effective 8/21/08. 97-08-042, recodified as §
										363-116-370, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.100. 88-14-062 (Order 88-14, Resolution
				  No. 88-14), § 296-116-370, filed
				  7/1/88.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-400 - Procedure for request by steamship company or agent that certain pilots not be assigned to certain vessels for specific safety reasons

Current through Register Vol. 24-14, July 15, 2024
When a steamship company or agent believes a particular pilot
				should not be assigned to pilot that company's vessels for specific safety
				reasons, a detailed written request, limited to specific safety concerns, may
				be submitted to the board. In order to be considered, the request must be
				submitted within ten days of the alleged act or omission causing their specific
				safety concern.
The board shall investigate the request and shall conduct a
				hearing at a regularly scheduled board meeting not more than sixty days
				following receipt of the request and notification of interested persons. The
				pilot shall be notified in writing and provided with documentation in
				accordance with WAC 296-11-450. The board shall notify the steamship company or
				agent and pilot in writing of its subsequent decision and reasons
				therefore.
In the event that the request is approved, the board shall give
				the affected pilot a specific list of vessels for which that pilot shall not
				provide pilotage services as well as the length of time covering such
				restriction.
97-08-042, recodified as §
										363-116-400, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035. 88-09-016 (Order 88-7, Resolution
				  No. 88-7), § 296-116-400, filed
				  4/13/88.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-405 - Relieving pilots for cause

Current through Register Vol. 24-14, July 15, 2024
A pilot serving on a vessel required by
				chapter
				88.16 RCW to employ a
				state licensed pilot may be relieved from his/her piloting duties by the ship's
				master only for cause as provided in this section. The master may relieve a
				pilot only if the pilot is manifestly incompetent or incapacitated or if the
				vessel is endangered or
in extremis
due to the pilot's error.
				If a pilot is relieved for cause under this section another pilot shall be
				requested and dispatched. In such event, the master shall immediately put the
				ship to anchor, to the extent it can be done safely, and await the substitute
				pilot. If anchoring is not possible or prudent, the master shall slow the
				vessel to the slowest prudent speed until another pilot can be put on board. To
				the extent possible and practical, after being relieved of his/her duties, the
				pilot shall remain available to advise and assist the master. In the event a
				pilot is relieved as provided in this section in the Puget Sound pilotage
				district, the United States Coast Guard vessel traffic system shall be notified
				immediately. In the event a pilot is relieved as provided in this section in
				any pilotage district, the vessel and the pilot promptly shall provide notice
				to the board of the event and relevant circumstances.
Statutory Authority:
				  Chapter
				  88.16 RCW and 2008 c 128.
				  08-15-119, §
										363-116-405, filed 7/21/08,
				  effective 8/21/08. Statutory Authority:
				  RCW
				   88.16.035. 03-09-096, §
										363-116-405, filed 4/21/03,
				  effective 5/22/03.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-410 - Definition of Grays Harbor pilotage district

Current through Register Vol. 24-14, July 15, 2024
The Grays Harbor pilotage district shall have an outer boundary
				line between Grays Harbor and Willapa Harbor and the high seas which shall be
				seaward of a line from Point Brown rear range light to Grays Harbor entrance
				lighted whistle buoy number three, (latitude N 46-55.00, longitude 124-14.42
				W), thence to Grays Harbor entrance lighted whistle buoy number two (latitude N
				46-52.43, longitude 124-12.35 W), thence to Grays Harbor light and from the
				Willapa Bay light to the Willapa Bay approach lighted whistle buoy "W"
				(latitude N 46-41.50, longitude 124-10.46 W), thence to the charted
				northernmost position of Leadbetter Point.
97-08-042, recodified as §
										363-116-410, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.050. 88-09-017 (Order 88-8, Resolution
				  No. 88-8), § 296-116-410, filed
				  4/13/88.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-420 - Summary/temporary license suspension

Current through Register Vol. 24-14, July 15, 2024
Summary/temporary suspension of a pilot's license may be made
				by the chairperson or vice-chairperson of the board of pilotage commissioners
				when:
(1) A pilot has been involved in
			 any vessel accident where there has been major property damage, loss of life,
			 or loss of a vessel; or
(2) Where
			 there is a reasonable cause to believe that a pilot has diminished capacity or
			 is under the influence of drugs, alcohol, or other substances; and
(3) Such an accident or physical or mental
			 impairment would significantly diminish that pilot's ability to carry out
			 pilotage duties and that the public health, safety, and welfare requires such
			 emergency action. Notification of this suspension shall be made directly to the
			 pilot and the appropriate pilot's association.
Within seventy-two hours an emergency board meeting will be
				held to determine whether to continue such suspension. In the event the
				suspension is continued pending proceedings for revocation or other action, an
				order shall be immediately prepared and notice shall be personally served upon
				the pilot advising of the board's action.
These further proceedings shall be promptly instituted in the
				office of administrative hearings.
All final decisions of the administrative law judge shall be
				subject to review by the superior court of the state of Washington for Thurston
				County or by the superior court of the county in which the pilot maintains
				his/her residence or principal place of business, to which court any case with
				all the papers and proceedings therein shall be immediately certified by the
				administrative law judge if requested to do so by any party to the proceedings
				at any time within thirty days after the date of such final decision. No appeal
				may be taken after the expiration of thirty days after the date of final
				decision.
Statutory Authority:
				  Chapter
				  88.16 RCW and 2008 c 128.
				  08-15-119, §
										363-116-420, filed 7/21/08,
				  effective 8/21/08. 97-08-042, recodified as §
										363-116-420, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.100. 88-10-040 (Order 88-12, Resolution
				  No. 88-12), § 296-116-420, filed
				  5/3/88.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-500 - Tug escort requirements for oil tankers

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			  88.16.190(2) requires the
			 escort of a tug or tugs for all oil tankers 40,000 DWT or greater when not in
			 ballast. For purposes of that provision only, deadweight tonnage shall be the
			 maximum summer deadweight tonnage that was assigned to the vessel at the time
			 of construction as reported in
Lloyd's Register of Ships.
Unless
			 the vessel was structurally altered and remeasured to less than 40,000 DWT,
			 this original deadweight tonnage shall be used for purposes of determining if
			 the vessel requires the appropriate tug escort.
(2) It shall be a violation of this
			 regulation to provide pilotage services to an oil tanker not in compliance with
			 this rule when the pilot has actual knowledge of the noncompliance.
(3) Oil tankers found to be in violation of
			 the provisions of this regulation shall be subject to the provisions of
			 RCW
			  88.16.150.
(4) The deadweight tonnage provision of this
			 rule is to be used solely for determining the required use of a tug
			 escort.
97-08-042, recodified as §
										363-116-500, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.190(2). 94-07-079,
				  § 296-116-500, filed 3/16/94, effective
				  4/16/94.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-04 - General Procedures › Section 365-04-010 - Agency purpose

Current through Register Vol. 24-14, July 15, 2024
The planning and community affairs agency was established in
						1967 in the office of the governor to provide planning and technical assistance
						to the counties and municipalities of Washington state to aid them with the
						demands of change and the complex problems of rapid growth and development. The
						key elements of this assistance are cooperation and service -- cooperation with
						and service to city governments, county governments and state and regional
						agencies.
Order 72-6, §
										365-04-010, filed
							11/3/72.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-04 - General Procedures › Section 365-04-030 - Department organization

Current through Register Vol. 24-14, July 15, 2024
(1)
					The executive head of the department is a director appointed by the governor.
					The director may delegate such of his or her functions, powers, and duties to
					such officers and employees of the department as he or she deems expedient to
					the furtherance of the purposes of the department. The operating sections of
					the department include the administrative services division, the community
					services and housing division, the office of economic development and
					competitiveness, the energy division, and the local government
					division.
(2) The principal office
					of the department shall be located at 1011 Plum Street SE, Olympia, Washington.
					This office shall be open each day for the transaction of business from 8:00
					a.m. to 5:00 p.m., (Saturdays, Sundays, and legal holidays excepted).
					Submissions, requests and communications shall be sent to the Director,
					Washington State Department of Commerce, P.O. Box 42525, Olympia, Washington
					98504-2525.
Reviser's note:
The typographical error in the
							above section occurred in the copy filed by the agency and appears in the
							Register pursuant to the requirements of
							RCW
							 34.08.040.
Order 73-4, §
										365-04-030, filed 9/12/73; Order
							72-6, §
										365-04-030, filed
							11/3/72.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-04 - General Procedures › Section 365-04-050 - Appearance and practice before agency - Who may appear

Current through Register Vol. 24-14, July 15, 2024
No person may appear in a representative capacity before the
						agency or its designated hearing officer other than the following:
(1) Attorneys at law duly qualified and
					entitled to practice before the supreme court of the state of
					Washington;
(2) Attorneys at law
					duly qualified and entitled to practice before the highest court of record of
					any other state, if the attorneys at law of the state of Washington are
					permitted to appear in a representative capacity before administrative agencies
					of such other state, and if not otherwise prohibited by our state
					law;
(3) A bona fide officer,
					partner, or full time employee of an individual firm, association, partnership,
					corporation or municipal corporation.
Order 72-6, §
										365-04-050, filed
							11/3/72.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-08 - Uniform procedural rules › Section 365-08-010 - Uniform procedural rules

Current through Register Vol. 24-14, July 15, 2024
The planning and community affairs agency, hereinafter
						designated as the agency, adopts as its own rules of practice all those uniform
						procedural rules promulgated by the code reviser now codified in the Washington
						Administrative Code, WAC 1-08-005 through 1-03-590 [1-08-590], (excepting WAC
						1-08-010 which is adopted as amended by the agency as set out herein as WAC
						365-04-050)  as now or hereafter
						amended subject to any additional rules that the agency may add from time to
						time. The agency reserves the right to make whatever determination is fair and
						equitable should any question not covered by its rules come before the agency,
						said determination to be in accordance with the spirit and intent of the
						law.
Order 72-6, §
										365-08-010, filed
							11/3/72.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
						unless the context clearly requires otherwise:
(1) "Department" means the department of
					commerce.
(2) "Disclosure" means
					inspection and/or copying.
(3)
					"Public record" has the meaning ascribed to it in
					RCW
					 42.56.010, available at
leg.wa.gov
.
(4) "Writing" has the meaning ascribed to it
					in RCW
					 42.56.010, available at
leg.wa.gov
.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-030 - Public disclosure officer

Current through Register Vol. 24-14, July 15, 2024
The department shall designate a public disclosure officer who
						shall be responsible for implementing the department's rules regarding
						disclosure of public records, coordination of staff in this regard, and
						generally ensuring compliance by the staff with public records disclosure
						requirements.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-040 - Public records-Availability

Current through Register Vol. 24-14, July 15, 2024
(1) Public records are available for public
					inspection and copying during the department's normal business hours, which can
					be found in WAC
					365-04-030. Records must be
					inspected at the main office of the department.
(2) The department will at all times take the
					most timely possible action on requests for disclosure, and shall respond in
					writing as set forth in WAC 365-10-090 within five business days of receipt of
					the request for records.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-050 - Request for public records

Current through Register Vol. 24-14, July 15, 2024
(1)
					Any person wishing to inspect or copy public records of the department may
					submit the request in writing to the department, attn. Public Disclosure
					Officer or via email at publicdisclosure@commerce.wa.gov. The department's
					current mailing address can be found in WAC
					365-04-030. The request should
					include the following information:
(a) Name of
					requestor;
(b) Address of
					requestor;
(c) Other contact
					information, including telephone number and email address;
(d) Identification of the public records
					sought adequate for the public disclosure officer to locate the records;
					and
(e) The date and time of day of
					the request.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-060 - Fees-Inspection and copying

Current through Register Vol. 24-14, July 15, 2024
(1)
					The department's records are diverse in nature and are preserved in a wide
					variety of formats. Thus, it would require significant time and resources to
					compile actual costs of providing records. The needed resources to do a cost
					study are not currently available and, therefore, the department finds that it
					would be unduly burdensome to calculate the actual costs of copying public
					records.
(2) The department may
					charge the default fees for copies of paper and electronic public records as
					established in
					RCW
					 42.56.120.
(3) No fee shall be charged for the
					inspection of public records.
(4)
					The public disclosure officer may waive fees for copies of public records when
					collecting the fees would not be cost effective to the department.
(5) Before beginning to copy public records,
					the public records officer may require:
(a) A
					deposit of up to ten percent of the estimated costs of copying all the records
					selected by the requestor;
(b) The
					payment of the remainder of the copying costs before providing all the records;
					or
(c) The payment of the costs of
					copying an installment before providing that installment.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-070 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
(1) No
					person shall knowingly alter, deface, or destroy public records of the
					department.
(2) Original copies of
					public records of the department shall not be removed from the premises where
					maintained.
(3) Care and
					safekeeping of public records furnished pursuant to a request for inspection or
					copying, shall be the sole responsibility of the requestor.
(4) Records furnished for public inspection
					or copying shall be returned in good condition and in the same file sequence or
					organization as when furnished.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-090 - Disclosure procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
					Within five business days of receipt of the public records request, the public
					disclosure officer will do one or more of the following:
(a) Make the records available for inspection
					or copying;
(b) If copies are
					requested and payment of a deposit for the copies, if any, is made or terms of
					payment are agreed upon, send the copies to the requestor;
(c) Provide a reasonable estimate of when
					records will be available; or
(d)
					If the request is unclear or does not sufficiently identify the requested
					records, request clarification from the requestor and, to the greatest extent
					possible, provide a reasonable estimate of time to respond to the request.
					After receiving clarification from the requestor, the public disclosure officer
					may then revise the estimate of when records will be available; or
(e) Deny the request.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-100 - Exemptions to public records disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) The department reserves the right to
					determine that a public record requested is exempt, in whole or in part, under
					the provisions of chapter 42.56 RCW or other applicable provision of
					law.
(2) In addition, there are
					exemptions outside the Public Records Act that restrict the availability of
					some documents held by the department for inspection and copying;
(3) The department is prohibited by statute
					from disclosing lists of individuals for commercial purposes pursuant to
					RCW
					 42.56.070(9). If a list of
					individuals is requested, the requestor will be required to state the purpose
					of the request.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-110 - Qualifications on nondisclosure

Current through Register Vol. 24-14, July 15, 2024
(1) To
					the extent that nondisclosable information can be deleted from the specific
					records sought, the remainder of the records shall be disclosable.
(2) No exemptions shall be construed to
					require nondisclosure of statistical information not descriptive of
					identifiable persons, as required by
					RCW
					 42.56.210(1).
(3) Inspection and copying of any specific
					records otherwise nondisclosable is permissible pursuant to an order of the
					superior court enforcing a subpoena in accordance with the provisions of
					RCW
					 42.56.210(2).
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-10 - PUBLIC RECORDS-DISCLOSURE › Section 365-10-120 - Review of denials of public records request

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
					the department, or who believes that the department has not made a reasonable
					estimate of the time required to respond to a public record request, or who
					believes the department has not made a reasonable estimate of charges to
					produce copies of public records, may petition the department 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 disclosure officer denying the request or
					providing the estimate.
(c) The
					petition shall be sent to the public disclosure officer who shall promptly
					provide the petition and any other relevant information to the department
					official designated by the department to conduct the review.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to implement the long-term care
						ombudsman program as provided for in chapter 43.190 RCW and the Older Americans
						Act of 1965 (42 U.S.C. §
									3001  et seq., as amended). The overall purpose of
						the ombudsman program is to promote the interests, well-being, and rights of
						long-term care facility residents. These rules set forth the ombudsman
						program's authority and duties.
Statutory Authority: Chapter 43.190 RCW and Older Americans
							Act of 1965  (42 U.S.C.,
							3001 et seq., as amended). 00-09-060, §
										365-18-010, filed 4/17/00,
							effective 5/18/00.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
When used in this chapter, unless otherwise required by the
						context:
(1) "Contractor" means the
					private nonprofit organization established by contract with the department to
					provide the services of the office of the state long-term care ombudsman
					program.
(2) "Department" means the
					department of community, trade, and economic development.
(3) "Immediate family" pertaining to
					conflicts of interest, means spouse, parents, children and siblings who live in
					the same household or who have, as determined by the state office, a
					significant financial relationship with the potential ombudsman.
(4) "Long-term care facility" or "facility"
					is as defined in
					RCW
					 43.190.020, and includes, but is not limited
					to, nursing homes, adult family homes, boarding homes, assisted living
					facilities, facilities that have a portion of their services established for
					long-term care, long-term care facilities operated by the Washington state
					department of veterans affairs, and any facility that is required by law to be
					licensed but is not.
(5) "Long-term
					care services" means services provided to residents and applicants of long-term
					care facilities including, but not limited to, assessment, placement, case
					management, and determinations regarding benefits, personal care, and health
					care, but for purposes of these regulations does not mean care or services
					provided in the applicant's or resident's home outside of a long-term care
					facility or in other locations outside of a long-term care facility. Services
					are those provided to residents of all ages, and include, but are not limited
					to, those provided to individuals with developmental or physical disabilities,
					mental illness, dementia, or substance abuse problems.
(6) "Ombudsman" means the state long-term
					care ombudsman, assistant state long-term care ombudsman, regional long-term
					care ombudsman, regional staff long-term care ombudsman, or certified long-term
					care volunteer ombudsman.
(7)
					"Resident" means any individual residing temporarily or permanently in a
					long-term care facility, and, when concerning complaints about admissions,
					readmissions, transfers, or discharges, includes applicants and former
					residents of such facilities.
(8)
					"State office" means the office of the state long-term care
					ombudsman.
(9) "Pecuniary interest"
					for purposes of this chapter means any significant ownership or investment
					interest.
Statutory Authority: Chapter 43.190 RCW and Older Americans
							Act of 1965  (42 U.S.C.,
							3001 et seq., as amended). 00-09-060, §
										365-18-020, filed 4/17/00,
							effective 5/18/00.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-030 - Contractor, subcontractor, and ombudsman qualifications

Current through Register Vol. 24-14, July 15, 2024
(1) The contractor shall be a private
					nonprofit organization with demonstrated capability to carry out the
					responsibilities of the state long-term care ombudsman, including, but not
					limited to, an ability to receive, investigate, and resolve complaints made by
					or on behalf of residents of long-term care facilities statewide.
					Subcontractors shall have demonstrated the capability to carry out the
					responsibilities of their respective contracts. The contractor and
					subcontractors shall also be free of conflicts of interest, including:
(a) Not be an agency or organization that is
					responsible for licensing, certifying, or regulating long-term care
					facilities;
(b) Not be an
					association, or an affiliate of such an association, of long-term care
					facilities; and
(c) Have no
					pecuniary interest in any long-term care facility.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-040 - Conflicts of interest

Current through Register Vol. 24-14, July 15, 2024
(1) All
					ombudsmen shall be free from conflicts of interests, including:
(a) No ombudsman shall be or have been
					employed by or participated in the management of any long-term care facility,
					or have or have had the right to receive remuneration from a long-term care
					facility, including work as a paid consultant or independent contractor,
					currently or within the past year;
(b) No ombudsman or member of his or her
					immediate family shall have, or have had within the past year, any pecuniary
					interest in a long-term care facility or a long-term care service;
(c) No ombudsman shall have a direct
					involvement in the licensing, certification, or regulation of a long-term care
					facility or of a long-term care service during his or her tenure as an
					ombudsman or within the past year;
(d) No ombudsman shall be assigned to or work
					in a long-term care facility in which the ombudsman or a member of his/her
					immediate family resides;
(e) No
					ombudsman shall solicit or be the beneficiary of gifts, money or estate
					property from residents in any facility in which he or she has served or is
					serving as ombudsman. This subsection shall not prohibit an ombudsman from
					receiving gifts, money, or estate property from a resident who is a relative of
					the ombudsman;
(f) No ombudsman may
					work for an agency or entity in which the ombudsman has direct personal
					involvement in the provision or establishment of involuntary services or in the
					involuntary commitment of a resident.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-050 - Duties - Department

Current through Register Vol. 24-14, July 15, 2024
The department shall, consistent with federal and state
						laws:
(1) Establish procedures for
					designating and contracting with a qualified private, nonprofit organization to
					provide the state long-term care ombudsman program services, including legal
					services;
(2) Facilitate the
					exchange of information among appropriate state agencies and organizations
					regarding issues relating to the long-term care ombudsman program;
(3) Help the state long-term care ombudsman
					obtain direct access to the directors and key staff of state governmental
					entities with responsibilities that impact residents of long-term care
					facilities;
(4) Provide other
					assistance to the ombudsman program as the department deems
					appropriate;
(5) Monitor program
					activities and the expenditure of state and federal funds under the contract
					with the state office for appropriate utilization of funds, compliance with
					state and federal laws, and fulfillment of contract obligations; and
(6) Assure, along with the state office, that
					no ombudsman is subject to a conflict of interest.
Statutory Authority: Chapter 43.190 RCW and Older Americans
							Act of 1965  (42 U.S.C.,
							3001 et seq., as amended). 00-09-060, §
										365-18-050, filed 4/17/00,
							effective 5/18/00.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-060 - Duties-State ombudsman

Current through Register Vol. 24-14, July 15, 2024
The state long-term care ombudsman shall assure performance of
				the following duties:
(1) Identify,
			 investigate, and resolve complaints that:
(a)
			 Relate to actions, inactions, or decisions that may adversely affect the
			 health, safety, welfare, or rights of residents;
(b) Are made by:
(i) A resident, a resident's relatives,
			 friends, or associates;
(ii)
			 Providers, or representatives of providers, of long-term care or health care
			 services;
(iii) Public
			 agencies;
(iv) Health and social
			 service agencies; or
(v) Guardians,
			 representative payees, holders of powers of attorney, or other resident
			 representatives;
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-070 - Duties - Regional and regional staff long-term care ombudsmen

Current through Register Vol. 24-14, July 15, 2024
Regional and regional staff long-term care ombudsmen shall, in
						accordance with the policies and procedures established by the state office,
						have the following duties:
(1) Inform
					residents, their representatives, and others about their rights, and offer and
					provide services to protect the health, safety, welfare, and rights of
					residents;
(2) Ensure that
					residents and their representatives in the service area have regular, timely
					access to representatives of the ombudsman program and timely responses to
					complaints and requests for assistance. Provision shall be made by facilities
					and ombudsmen to secure privacy for the purpose of the ombudsman carrying out
					his or her duties, including, but not limited to, building relationships with
					and providing information to residents;
(3) Identify, investigate, and resolve
					complaints that:
(a) Relate to actions,
					inactions, or decisions, that may adversely affect the health, safety, welfare,
					or rights of residents;
(b) Are
					made by:
(i) A resident, a resident's
					relatives, friends, or associates;
(ii) Providers, or representatives of
					providers, of long-term care or health care services;
(iii) Public agencies;
(iv) Health and social service agencies;
					or
(v) Guardians, representative
					payees, holders of powers of attorney, or other resident
					representatives;
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-080 - Duties - Certified volunteer long-term care ombudsmen

Current through Register Vol. 24-14, July 15, 2024
Trained and certified volunteer long-term care ombudsmen shall,
						in accordance with policies and procedures established by the state office, and
						under the supervision of the regional long-term care ombudsman, have the
						following duties:
(1) Inform
					residents, their representatives and others about their rights, and offer and
					provide services to protect the health, safety, welfare, and rights of
					residents;
(2) Represent the
					interests of residents before government agencies and seek administrative,
					legal, and other remedies to protect the health, safety, welfare, and rights of
					residents;
(3) Visit residents in
					the assigned facility(s) on a regular basis, with provision made by facilities
					and ombudsmen to secure privacy for the purpose of the ombudsman carrying out
					his or her duties;
(4) According to
					program policy, identify, investigate and resolve complaints that:
(a) Relate to actions, inactions, or
					decisions, that may adversely affect the health, safety, welfare, or rights of
					residents;
(b) Are made by:
(i) A resident, a resident's relatives,
					friends, or associates;
(ii)
					Providers, or representatives of providers, of long-term care or health care
					services;
(iii) Public
					agencies;
(iv) Health and social
					service agencies; or
(v) Guardians,
					representative payees, holders of powers of attorney, or other resident
					representatives;
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-090 - Legal counsel

Current through Register Vol. 24-14, July 15, 2024
The state agency shall ensure that adequate legal counsel is
						available, and is able, without conflict of interest, to:
(1) Provide advice and consultation needed to
					protect the health, safety, welfare and rights of residents;
(2) Pursue administrative, legal, and other
					remedies on behalf of residents;
(3) Assist representatives of the state
					office in performance of their duties; and
(4) Provide legal representation to any
					representative of the state office, including ombudsmen, against whom legal
					action is threatened or brought in connection with performance of their
					duties.
Statutory Authority: Chapter 43.190 RCW and Older Americans
							Act of 1965  (42 U.S.C.,
							3001 et seq., as amended). 00-09-060, §
										365-18-090, filed 4/17/00,
							effective 5/18/00.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-100 - Ombudsmen access to facilities, residents, and records

Current through Register Vol. 24-14, July 15, 2024
(1) All ombudsmen shall have access to all
					long-term care facilities and residents at any time deemed necessary and
					reasonable to effectively carry out the ombudsman duties set forth in this
					chapter, chapter 43.190 RCW, and federal law. Access to facilities and
					residents by ombudsmen shall be deemed necessary and reasonable at the
					following times:
(a) Any time during a
					facility's regular business day, regular visiting hours, or other period the
					facility is open to the public; and
(b) Any other time access may be required by
					the particular condition to be investigated or monitored.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-110 - Confidentiality of ombudsman records, communications privileged

Current through Register Vol. 24-14, July 15, 2024
(1) All records and
					files maintained by the long-term care ombudsman program shall remain
					confidential. Any disclosure of long-term care ombudsman program records is
					subject to the following provisions:
(a) No
					disclosure shall be made without the prior approval of the state ombudsman or
					his or her representative.
(b) No
					disclosure of the identities of complainants, witnesses, clients, or residents
					shall be made unless one of the following conditions has been met:
(i) The complainant or resident, or their
					legal representative consents in writing to the disclosure; or
(ii) The complainant or resident gives oral
					consent, and that consent is documented contemporaneously in writing by a
					representative of the state office; or
(iii) The disclosure is required by court
					order.
(c)
					Nonidentifying information or statistics may be disclosed at the discretion of
					the state ombudsman or his or her representative.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-18 - Long-term care ombudsman program, department of community, trade, and economic development › Section 365-18-120 - Interference with the ombudsman, liability

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful under  42 U.S.C. Sec. 3058g(j)  and
					RCW
					 43.190.090 to take any discriminatory,
					disciplinary, or retaliatory action against the following persons:
(a) Any employee of a facility or
					agency;
(b) Any resident or client
					of a long-term care facility or family member of a resident;
(c) Any ombudsman; or
(d) Any person;
for any communication made, or information given or disclosed,
						to an ombudsman carrying out his or her duties unless that person acted
						maliciously or without good faith.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-65 - SMALL BUSINESS RETIREMENT MARKETPLACE › Section 365-65-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following words and terms have the following meanings for
						the purposes of this chapter unless otherwise indicated:
(1) "Approved plan" means:
(a) the myRA retirement program, or
(b) a verified plan offered by a verified
					financial services firm that has been approved for listing in the marketplace
					by the department pursuant to this chapter.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-65 - SMALL BUSINESS RETIREMENT MARKETPLACE › Section 365-65-040 - Eligibility

Current through Register Vol. 24-14, July 15, 2024
(1) Verified
					financial services firms, eligible employers, and qualified employees are
					eligible to participate in the marketplace.
(2) Participation in the marketplace, and
					enrollment in an approved plan, is voluntary.
(3) Enrollment in an approved plan is not an
					entitlement.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-65 - SMALL BUSINESS RETIREMENT MARKETPLACE › Section 365-65-050 - Approval of verified financial services firms

Current through Register Vol. 24-14, July 15, 2024
(1) A verified financial services firm
					seeking approval for a verified plan to be offered on the marketplace must
					submit a complete application in a form prescribed by the department.
(2) A verified financial services firm must
					offer a minimum of two investment product options in the marketplace: a target
					date fund or other similar fund, and a balanced fund.
(3) A verified financial services firm must
					provide information about the historical performance of any investment products
					offered in the marketplace, consistent with applicable federal laws.
(4) A verified financial services firm must
					comply with all applicable federal laws to offer retirement plans.
(5) The protocol used by the department
					and/or the marketplace operator for reviewing and approving the qualifications
					of financial services firms for participation in the marketplace shall be based
					on objective criteria, and shall not provide unfair advantage to any
					entity.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-65 - SMALL BUSINESS RETIREMENT MARKETPLACE › Section 365-65-060 - Approval of verified plans

Current through Register Vol. 24-14, July 15, 2024
(1)
					The department will approve a diverse array of verified plan options to be
					offered in the marketplace, including but not limited to:
(a) Life insurance plans or annuities that
					are designed for retirement purposes;
(b) Plans for eligible employer participation
					such as a SIMPLE-IRA type of plan that provides for employer contributions to
					participant accounts; and
(c) A
					payroll deduction individual retirement account or individual retirement
					annuity, or a workplace based individual retirement account open to all workers
					to which the employer does not contribute.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-65 - SMALL BUSINESS RETIREMENT MARKETPLACE › Section 365-65-070 - Portability and rollovers

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter shall be construed to limit rollovers,
						or the portability of an employee's retirement savings into or out of approved
						plans. An approved plan must include the option for an enrollee to rollover or
						transfer amounts into a different retirement arrangement in accordance with
						federal tax laws providing for tax free rollovers or transfers after ceasing
						active participation in the approved plan.