reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Actuary" means any person who is a fellow of the Casualty
				  Actuarial Society and a member of the American Academy of Actuaries.
"Affordable housing" means housing projects in which some of
				  the dwelling units may be purchased or rented on a basis that is affordable to
				  households with an income of eighty percent or less of the county median family
				  income, adjusted for family size.
"Affordable housing entity" means any of the
				  following:
(a) A housing authority
				created under the laws of this state or another state and any agency or
				instrumentality of a housing authority including, but not limited to, a legal
				entity created to conduct a joint self-insurance program for housing
				authorities that is operating in accordance with chapter 48.62 RCW; a nonprofit
				corporation shall be considered an "agency" of a housing authority if the
				nonprofit corporation is fulfilling one or more purposes of a housing authority
				and is affiliated with a housing authority that:
(i) Has, or has the right to acquire a
				membership interest in the nonprofit corporation;
(ii) Has provided financing to the nonprofit
				corporation;
(iii) Has entered into
				a contract with a nonprofit corporation to provide staff, management services
				or property management services; or
(iv) Has transferred or leased affordable
				housing to the nonprofit corporation or is leasing affordable housing from the
				nonprofit corporation; a nonprofit corporation shall be considered an
				"instrumentality" of a housing authority if the nonprofit corporation is
				fulfilling one or more functions of a housing authority and whose assets,
				operations or management are subject to control by the housing authority by
				reason of contracts, affiliation, legal structure or otherwise including, but
				not limited to:
(A) The housing authority
				organizing the nonprofit corporation;
(B) Directors or employees of the housing
				authority serving as directors of the nonprofit corporation;
(C) The nonprofit corporation utilizing
				housing authority funds or assets to carry out housing functions; or
(D) The housing authority possessing the
				power to direct the management or policies of the nonprofit corporation or
				being under common control with the nonprofit corporation;
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-030 - Standards for operation - Participation

Current through Register Vol. 24-14, July 15, 2024
Only participants may participate in risk-sharing in a joint
				  self-insurance program.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-030, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-030, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-050 - Standards for operation - Communication with participants - Annual membership report

Current through Register Vol. 24-14, July 15, 2024
The joint self-insurance program shall make available to each
				  participant an annual membership report which includes a copy of the program's
				  annual audited financial statements. The annual report may also include other
				  information as determined by the board of directors. 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 web site 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 200-120-050, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-050, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-060 - Standards for operations - Meetings

Current through Register Vol. 24-14, July 15, 2024
All joint self-insurance programs authorized by chapter 48.64
				  RCW are subject to the requirements of the Open Public Meetings Act as
				  described in
				  chapter
				  42.30
				  RCW.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-060, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-060, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-070 - Standards for operation - Notice of regular meetings of the board of directors or owners

Current through Register Vol. 24-14, July 15, 2024
Every joint self-insurance program shall provide every
				  participant with a notice of the time and place of each regular meeting of the
				  board of directors or owners at least ten days prior to the meeting. The notice
				  shall be delivered 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 participants in the same form,
				  manner and time as provided to participants. In addition to electronic or
				  regular mail, programs shall publish notification of regular meetings on the
				  electronic 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 200-120-070, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-070, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-080 - Standards for operation - Notice of special meetings of the board or directors or owners

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 of the board of directors or owners. In addition, programs
				  shall provide notice by electronic mail to the state risk manager and every
				  participant 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 200-120-080, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-080, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-090 - Standards for operations - Meeting agendas - Meeting minutes

Current through Register Vol. 24-14, July 15, 2024
Every joint self-insurance program will provide the state
				  risk manager and every participant with a preliminary agenda in advance of each
				  meeting of the board of directors or owners. The agenda shall be delivered 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 200-120-090, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-090, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-100 - Standards for operation - Notification of amendments to ownership agreement

Current through Register Vol. 24-14, July 15, 2024
Every joint self-insurance program shall provide notification
				  of the intent to amend the ownership agreement to each owner 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 amendment will occur. Such
				  notification shall include a copy of proposed amendments.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-100, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-100, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-110 - Standards for operation - Amendments to ownership agreement

Current through Register Vol. 24-14, July 15, 2024
(1) Any amendments
				to ownership agreement shall be approved by the board of directors before being
				submitted to the owners for approval. Each owner shall be notified that one of
				the purposes of the meeting of the owners is to consider the proposed
				amendments to the ownership agreement, accompanied by a copy of the proposed
				amendments. Any amendments to the ownership agreement shall be approved by a
				majority in interest of the owners, or by a greater vote if provided for in the
				ownership agreement. Amendment to the ownership agreement shall be approved by
				the vote of the owners during a regular or special meeting of the owners or by
				the submission of written mail-in ballots. Voting by proxy shall be permitted
				in the manner set forth in the ownership agreement. If written mail-in ballots
				are used, the ballots are to be secured and remain unopened until the next
				meeting of the board of directors. The opening and counting of the written
				mail-in ballots shall be conducted by the board of directors during its next
				meeting and retained in compliance with public records retention laws. Each
				proxy or written mail-in ballot shall be read orally as to the owner name and
				vote, either in the affirmative or negative, and recorded in the meeting
				minutes.
(2) The ownership
				agreement and subsequent amendments shall be published on the electronic web
				site of the joint self-insurance program.
(3) The addition or termination of owners or
				nonowner participants in the joint self-insurance program shall not be
				considered an amendment to the ownership agreement.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-110, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-110, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-120 - Standards for operation - Elections of the board of directors

Current through Register Vol. 24-14, July 15, 2024
(1) All or a
				majority of the board of directors of every joint self-insurance program shall
				be elected by the owners. Unless otherwise provided in the ownership agreement,
				the directors shall be elected by a plurality of the votes cast by the owners
				at a regular meeting of the owners at which at least one-third of the owners
				are represented in person or by proxy. Voting by proxy shall be permitted in
				the manner set forth in the ownership agreement. Each proxy shall be read
				orally as to the owner name and vote and recorded in the meeting minutes.
				Voting for directors by written mail-in ballot shall not be
				permitted.
(2) The board of
				directors shall also include two or more individuals who are affiliated with
				the nonowner participants. These directors shall be elected by either the
				owners or the nonowner participants or both or shall be appointed by the
				directors elected by the owners in accordance with subsection (1) of this
				section.
(3) The ownership
				agreement may provide for staggering the terms of the directors by dividing the
				total number of directors into two or three groups, with each group to be as
				nearly equal in number as possible.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-120, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-120, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-130 - Standards for management and operation - Adoption of program

Current through Register Vol. 24-14, July 15, 2024
The ownership agreement of a joint self-insurance program
				  shall be adopted by resolution or ordinance by the governing body of each
				  owner, unless the owner acquires an ownership interest in the joint
				  self-insurance program by reason of its membership or ownership in another
				  joint self-insurance program authorized by chapter 48.62 RCW or chapter 48.64
				  RCW without making a financial contribution. Any such resolution or ordinance
				  shall include, but not be limited to, an acknowledgment that the entity shall
				  be subject to contributions as required by the joint self-insurance program.
				  Copies of each such resolution or ordinance shall be retained by the joint
				  self-insurance program and available for inspection by the state risk manager.
				  The ownership agreement, along with a list of the owners of the joint
				  self-insurance program, shall be published on the public web site of each joint
				  self-insurance program.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-130, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-130, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-150 - Standards for management and operations - Individual rate setting - Nondiscrimination in joint program contributions

Current through Register Vol. 24-14, July 15, 2024
(1) Joint self-insurance program contribution
				formulas shall include all costs including rating for insured and self-insured
				layers of coverage. Contribution formulas shall be consistent and shall not
				unfairly discriminate among the participants relative to the risks covered and
				the coverage benefits provided under the joint self-insurance program.
				Contribution formulas shall prohibit public entity participants from
				subsidizing rates for nonprofit and/or privately owned affordable housing
				entities.
(2) This provision shall
				not be construed to prohibit individual choice of coverage by participants from
				several offered by the joint self-insurance program. The contribution formula,
				including the insured and self-insured components, shall be consistently
				applied to reflect the selection from among these choices.
(3) The contribution formula shall be
				available for review by the state risk manager.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-150, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-150, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-160 - Standards for operations - Disclosures

Current through Register Vol. 24-14, July 15, 2024
All joint self-insurance programs shall furnish to every
				  participant of the program written statements which describe:
(1) Insurance coverages or benefits currently
				provided by the program, including any applicable restrictions, limitations,
				and exclusions;
(2) The procedure
				for filing a claim against the joint self-insurance program;
(3) The procedure for a participant to
				request an adjudication of disputes or appeals arising from coverage, claim
				payment or denial, and other issues; and
(4) General characteristics of the insurance
				coverage portion of the program.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-160, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-160, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-170 - 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) Participation terminations. All joint
				self-insurance programs shall maintain a written plan that provides for the
				termination of owners and nonowner participants.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-170, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-170, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-180 - 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 or policy approved by the
				board of directors 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
				those laws and regulations applicable to the joint self-insurance program and
				to the investment guidelines stated in the program's original application
				approved by the state risk manager; and
(c) The preparation and submission of audited
				financial statements to the state risk manager within one hundred twenty days
				after the program's fiscal year end.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-190 - Standards for management - Standards for contracts - Third-party administrator contracts

Current through Register Vol. 24-14, July 15, 2024
Before contracting with private businesses for third-party
				  administrator professional services, all joint self-insurance programs shall
				  establish and maintain written procedures approved by the board of directors
				  for contracting with privately owned third-party administrators. Entering a
				  contract for services shall not relieve the board of directors of the joint
				  self-insurance program of its ultimate oversight, managerial and financial
				  responsibilities. The procedures shall, as a minimum:
(1) Provide a method of privately owned
				third-party administrator selection using a competitive 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; and
(7) Establish indemnification provisions and
				set forth insurance requirements between the parties.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-190, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-190, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-210 - Standards for operation and management - Risk management

Current through Register Vol. 24-14, July 15, 2024
All joint self-insurance programs formed under this chapter
				  shall have a written risk management program which includes, but is not limited
				  to, loss control, loss prevention, training and evaluation of risk based on
				  loss experience.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-210, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-210, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-220 - 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
				undiscounted jury verdict value.
(c) Standards requiring case reserves be
				reviewed every ninety days or when reasonably practicable and such review is
				documented in the claims diary.
(d)
				Standards requiring appropriate adjuster workloads.
(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 1099 MISC
				reporting.
(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 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-230 - 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 within one hundred twenty days of fiscal year end:
(a) Audited annual financial statements,
				including signed, as provided to the financial auditors;
(b) Actuarial reserve review report on which
				the net claims liabilities at fiscal year end reported in the audited financial
				statements are based;
(c) Copies of
				all insurance coverage documents;
(d) List of contracted consultants;
(e) Details of changes in the ownership
				agreement; and
(f) Details of
				services provided by contract to nonmember participants.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-240 - 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) Any change in the terms of the ownership
				agreement;
(b) Elimination or
				reduction of stop-loss insurance;
(c) Acceptance of any loans or lines of
				credit;
(d) Provision of services
				to nonparticipants;
(e) Addition of
				participants of other entity types than those included in original application
				approved by state risk manager;
(f)
				Any change in the program's investment guidelines.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-250 - Standards for management and operations - Conflict of interest

Current through Register Vol. 24-14, July 15, 2024
(1) Every joint
				self-insurance program formed under this chapter shall require the claims
				auditor, the private 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,
				private business, 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, private third-party administrator, or as an employee.
(iii) Have any direct or indirect pecuniary
				interest in any loan or investment of the program.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-260 - Standards for operations-State risk manager-Expense and operating cost fees

Current through Register Vol. 24-14, July 15, 2024
(1) The state risk
				manager shall fix state risk manager assessment fees to cover expenses and
				operating costs of the state risk manager's office in administering chapter
				48.64 RCW. Such fees shall be levied against each joint property and liability
				self-insurance program regulated by chapter 48.64 RCW. Services covered by the
				state risk manager fees will include program reviews, monitoring and continuing
				oversight.
(2) The state risk
				manager fees shall be paid by each joint self-insurance program formed under
				this chapter to the state of Washington, department of enterprise services
				within sixty days of the date of invoice. Any joint self-insurance program
				failing to remit its fee when due is subject to denial of permission to operate
				or to a cease and desist order until the fee is paid.
(3) A joint self-insurance program that has
				voluntarily or involuntarily terminated shall continue to pay an administrative
				fee until such time as all liabilities for unpaid claims and claim adjustment
				expenses and all administrative responsibilities of the joint self-insurance
				program have been satisfied.
(4)
				The state risk manager shall assess each prospective joint self-insurance
				program an initial investigation fee at a rate determined annually by the state
				risk manager. Such fee shall be sufficient to cover the costs for the initial
				review and approval of that self-insurance program.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-120-260, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-260, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-270 - Standards for operations - Appeals of fees

Current through Register Vol. 24-14, July 15, 2024
(1) A joint self-insurance program which
				disagrees with a fee for services issued to it by the state risk manager shall
				notify the state risk manager in writing within thirty days after receipt of
				the invoice. The writing shall include the self-insurance program's reasons for
				challenging the fee and any other information the self-insurance program deems
				pertinent.
(2) The state risk
				manager shall review any fee appealed by a joint self-insurance program,
				together with the reasons for the appeal. Within fourteen days of receipt of
				notification from the self-insurance program, the state risk manager shall
				respond in writing to the self-insurance program, either reaffirming the fee or
				modifying it, and stating the reasons for the decision.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-270, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-270, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-280 - Standards for operations - Appeals of cease and desist orders

Current through Register Vol. 24-14, July 15, 2024
Within ten days after a joint self-insurance program covering
				  property or liability risks formed under this chapter has been served with a
				  cease and desist order under
				  RCW
				     48.64.080(3), the entity may
				  request an administrative hearing. The hearing provided may be held in such a
				  place as is designated by the state risk manager and shall be conducted in
				  accordance with
				  chapters
				  34.05 RCW and 10-08
				  WAC.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-280, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-280, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-120 - Affordable housing entity joint self-insurance property and liability program requirements › Section 200-120-290 - Standards for contracts - Competitive procurement standards for consultant contracts

Current through Register Vol. 24-14, July 15, 2024
Every joint self-insurance program formed under this chapter
				  shall use a competitive process in the selection of consultants. The process
				  shall provide an equal and open opportunity to qualified parties and shall
				  culminate in a selection based on pre-established criteria which may include
				  such factors as the consultant's fees or costs, ability, capacity, experience,
				  reputation, responsiveness to time limitations, responsiveness to solicitation
				  requirements, quality of previous performance, and compliance with statutes and
				  rules relating to contracts. Bid responses, solicitation documents and evidence
				  of publication shall be retained in accordance with laws governing public
				  records and shall be available for review by the state risk manager and
				  financial auditors. The requirements of this section shall not pertain to
				  consultants of a joint self-insurance program that is wholly owned by another
				  self-insurance program that is operating in compliance with chapter 48.64 or
				  48.62 RCW if the consultant performs the same type of services for such other
				  joint self-insurance programs.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-120-290, filed 11/17/11,
					 effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and
					 42.64.020. 11-06-001, § 82-70-290, filed 2/16/11, effective
					 3/19/11.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-130 - Flood mitigation standards for state agencies › Section 200-130-001 - Authority

Current through Register Vol. 24-14, July 15, 2024
Pursuant to the authority granted by RCW 43.19.-760,
				  43.19.781, and 43.17.060, the director of the department of enterprise services
				  establishes the following risk management standards to be followed by all state
				  agencies on flood mitigation.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-130-001, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 Chapters
					 43.17 and
					 43.19 RCW. 91-08-057, §
					 236-100-001, filed 4/2/91, effective
					 5/3/91.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-130 - Flood mitigation standards for state agencies › Section 200-130-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of these standards is to discourage state
				  development on flood plains whenever there is a practical alternative. This
				  will result in reduced liability and costs associated with flood damage to
				  state-owned real and personal property.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-130-010, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 Chapters
					 43.17 and
					 43.19 RCW. 91-08-057, §
					 236-100-010, filed 4/2/91, effective
					 5/3/91.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-130 - Flood mitigation standards for state agencies › Section 200-130-011 - Objectives

Current through Register Vol. 24-14, July 15, 2024
The objectives of these flood mitigation standards
				  are:
(1) To protect the people and the
				property of the state from unnecessary loss due to flood;
(2) To restore and preserve the natural and
				beneficial values served by flood plains;
(3) To minimize the impact of state
				development on wet lands and known flood plains;
(4) To comply with chapter 86.16 RCW, Flood
				plain management, in which the state of Washington has adopted the National
				Flood Insurance Program regulations of the Federal Emergency Management Agency
				for flood plain management. The participation of the state in this program
				allows flood insurance to be sold to both the private and public sector, and
				satisfies some of the conditions necessary for the state to be self-insured for
				flood coverage, under the National Flood Insurance Program;
(5) To comply with the requirements of the
				National Flood Insurance Program, thereby permitting state agencies to be
				eligible for federal financial assistance, including disaster relief funds for
				the replacement, permanent repair, or reconstruction of insurable state-owned
				properties damaged by the flood; and
(6) To ensure that the state of Washington
				and its agencies are eligible to obtain flood insurance, or to be approved for
				self-insurance by the Federal Insurance Administrator under the National Flood
				Insurance Program.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-130-011, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 Chapters
					 43.17 and
					 43.19 RCW. 91-08-057, §
					 236-100-011, filed 4/2/91, effective
					 5/3/91.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-130 - Flood mitigation standards for state agencies › Section 200-130-012 - Application

Current through Register Vol. 24-14, July 15, 2024
These standards apply uniformly to:
(1) All state agencies;
(2) Projects and proposals for state-owned
				developments, new construction, and property undergoing substantial
				improvement; and
(3) New leases
				except for existing leases or renewed leases.
Statutory Authority: 2011 c 43. 11-23-093, recodified as
					 WAC 200-130-012, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 Chapters
					 43.17 and
					 43.19 RCW. 91-08-057, §
					 236-100-012, filed 4/2/91, effective
					 5/3/91.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-130 - Flood mitigation standards for state agencies › Section 200-130-013 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Agency" or
				"agencies" as used in this section means all Washington state agencies, boards,
				commissions, and all state institutions of higher education.
(2) "Development" means any man-made change
				to improved or unimproved real estate including, but not limited to: Buildings
				or other structures, mining, dredging, filling, grading, paving, excavation, or
				drilling operations.
(3) "Facility"
				means something built to serve a particular function other than a
				structure.
(4) "New construction,"
				for flood plain management purposes, means structures for which the start of
				construction commenced on or after the effective date of this regulation, WAC
				200-130-001 through
				200-130-016.
(5) "Property" or "properties" refer to
				state-owned developments, structures, facilities, and/or the contents of the
				structure in which the state has an interest.
(6) "Risk manager" means the state risk
				manager, department of enterprise services, or his/her designee.
(7) "Special flood hazard areas" refers to
				areas subject to inundation by a flood having a one percent or greater
				probability of being equaled or exceeded during any given year. This flood,
				which is referred to as the one hundred-year flood or the base flood, is the
				national standard on which the flood plain management and insurance
				requirements of the National Flood Insurance Program are based. Special flood
				hazard areas and one hundred-year flood plains are identified on flood
				insurance rate maps developed and issued by the Federal Emergency Management
				Agency.
(8) "Structure" means a
				walled and roofed building, including any gas or liquid storage tank, which is
				principally above ground and affixed to a permanent site.
(9) "Substantial improvement" means any
				repair, reconstruction, or improvement of a structure, the cost of which equals
				or exceeds fifty percent of the fair market value of the structure either:
(a) Before the improvement or repair is
				started; or
(b) If the structure
				has been damaged and is being restored, before the damage occurred.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-130 - Flood mitigation standards for state agencies › Section 200-130-014 - Responsibilities of each state agency

Current through Register Vol. 24-14, July 15, 2024
(1) Each state agency is responsible for
				reducing the liability and costs associated with flood damage to its
				state-owned property, both real and personal;
(2) When a proposal or project is initiated
				for the acquisition, development, and/or the construction of state-owned
				structures or facilities, the agency initiating the proposal shall determine
				the flood plain exposure and the fiscal impact of locating state-owned
				properties within special flood hazard areas;
(3) If the project or proposal for
				development, new construction, or substantial improvement is within a one
				hundred-year flood plain and/or special flood hazard area, then the initiating
				agency must include such information in its funding request to the office of
				financial management and shall include a statement that the project or proposal
				meets the requirements of WAC
				200-130-015 or shall include a
				copy of the written exemption granted by the state risk manager; and
(4) It is the responsibility of each agency
				to establish and issue the necessary policies or procedures to assure that
				these flood plain management standards for state-owned and leased properties
				are carried out within their respective agency.
Statutory Authority:   2011 c  43. 11-23-093, recodified as
					 WAC 200-130-014, filed 11/17/11,
					 effective 11/17/11. Statutory Authority:
					 Chapters
					 43.17 and
					 43.19 RCW. 91-08-057, §
					 236-100-014, filed 4/2/91, effective
					 5/3/91.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-130 - Flood mitigation standards for state agencies › Section 200-130-015 - Flood mitigation standards

Current through Register Vol. 24-14, July 15, 2024
(1) When planning the location, acquisition,
				and/or construction of state-owned developments, structures, or property, one
				hundred-year flood plains and special flood hazard areas, as identified on
				flood insurance rate maps or by other available sources, shall be avoided
				whenever feasible.
(2) If it is
				necessary to locate, acquire, and/or construct state-owned developments,
				structures, new construction, or substantial improvements within one
				hundred-year flood plains and/or special flood hazard areas, agencies must then
				adhere to the regulations of the National Flood Insurance Program (44 C.F.R.
				Ch. 1).
(3) In addition to
				subsection (2) of this section, for all new construction and substantial
				improvements, both within and outside of any one hundred-year flood plain
				and/or special flood hazard area, the elevation of the lowest floor, including
				the basement, shall be at least the greater of either:
(a) One foot above the one hundred-year flood
				elevation; or
(b) At the five
				hundred-year flood elevation.
To achieve this flood protection, state agencies shall,
				  whenever feasible, locate structures outside of one hundred-year flood plains
				  and special flood hazard areas rather than filling in land within one
				  hundred-year flood plains and/or special flood hazard areas.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-130 - Flood mitigation standards for state agencies › Section 200-130-016 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) Exemptions from
				the elevation requirements of WAC
				200-130-015(3) are granted automatically for:
(a) Facilities
				where their use and purpose require construction below one hundred-year flood
				plains and/or special flood hazard areas (e.g., fish pens, fish ladders,
				holding ponds, dams, etc.);
(b)
				Roads, bridges, and highway facilities.
Washington Administrative Code › Title 200 - Enterprise Services, Department of › RISK MANAGEMENT › Chapter 200-150 - Self-insurance requirements as to nonprofit corporations › Section 200-150-010 - Preamble and authority

Current through Register Vol. 24-14, July 15, 2024
These rules governing nonprofit self-insurance transactions
				  are adopted by the state risk manager to implement chapter 109, Laws of 2015
				  relating to the management and operations of joint nonprofit property and
				  liability self-insurance programs.