reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 383 - Productivity Board › Chapter 383-07 - Teamwork incentive program › Section 383-07-115 - Evaluation of savings

Current through Register Vol. 24-14, July 15, 2024
Teams must demonstrate cost efficient operations during the TIP project period through lower costs, improved productivity, and/or higher level of receipts with no decrease in level of service. Legitimate cost efficiencies are actual cost savings or gains to the state and may be achieved in one or more of the following ways:
(1) Net cost reductions, when spending levels decrease;
(2) Revenue recoveries, when more moneys owed to the state are collected as a result of enhanced operations leading to higher yield of receipts; or
(3) Other means considered by the board to represent true costs savings or enhanced generation of revenue.
Statutory Authority: Chapter 41.60 RCW. 99-24-092, §
										383-07-115, filed 11/30/99, effective 1/1/00; 92-09-048, §
										383-07-115, filed 4/10/92, effective 5/11/92.
Washington Administrative Code › Title 383 - Productivity Board › Chapter 383-07 - Teamwork incentive program › Section 383-07-120 - Distribution of awards

Current through Register Vol. 24-14, July 15, 2024
Awards shall be distributed to employees and supervisors of the team identified as team members in the final report as follows:
(1) If the board determines in its judgment that a team qualifies for an award, the board shall authorize payment of the award to the team a percentage of net savings as negotiated between the team and agency management. The percentage of actual net savings and/or revenue generated shall not exceed twenty-five percent of the total net savings and/or revenue to be shared among team members.
(2) The team award shall be divided and distributed in equal shares to members of the team, except those who have worked within the team for less than the TIP project period or less than full time during the project period shall receive a pro rata share based upon the fraction of the TIP project period worked.
(3) No individual share of the team award shall exceed ten thousand dollars per person, which is the maximum award allowed in RCW  41.60.041(2) and WAC 383-07-125(2).
(4) Funds for paying awards shall be drawn from the agency in which the team is located. Awards for generating increased revenue to a state fund or account may be paid from the benefitted fund or account. Awards may be paid to teams for process changes which generate new or additional money for the general fund or any other funds of the state. The director of the office of financial management shall distribute moneys appropriated for this purpose with the concurrence of the productivity board. Transfers shall be made from other funds of the state to the general fund in amounts equal to award payments made by the general fund, for innovations generating new or additional money for those funds. Awards may only be given for savings derived and/or revenue generated for the state.
(5) Teams not demonstrating cost efficiencies may receive special recognition of merit in the form and manner determined by the board.
Statutory Authority: Chapter 41.60 RCW. 99-24-092, §
										383-07-120, filed 11/30/99, effective 1/1/00; 92-09-048, §
										383-07-120, filed 4/10/92, effective 5/11/92; 89-19-006, §
										383-07-120, filed 9/7/89, effective 10/8/89; 88-15-033 (Order 88-1), §
										383-07-120, filed 7/14/88.
Washington Administrative Code › Title 383 - Productivity Board › Chapter 383-07 - Teamwork incentive program › Section 383-07-125 - Payment award scale

Current through Register Vol. 24-14, July 15, 2024
The following payment award scale shall be developed by the productivity board. TIP awards shall be based on the following:
(1) Team awards are based on a percentage of the savings and/or revenue determined by the team and agency management during the application process. The total team award shall not exceed twenty-five percent of the actual net savings and/or net revenue generated to the state for the TIP project period. The team award shall be divided among the team members.
(2) No award may be granted in excess of ten thousand dollars.
(3) No cash awards shall be given for team projects that do not produce actual cost savings or generate revenue to the state.
Statutory Authority: Chapter 41.60 RCW. 99-24-092, §
										383-07-125, filed 11/30/99, effective 1/1/00.
Washington Administrative Code › Title 383 - Productivity Board › Chapter 383-07 - Teamwork incentive program › Section 383-07-130 - Award authorization and payment procedures

Current through Register Vol. 24-14, July 15, 2024
Following approval of a teamwork incentive award by the productivity board, the program manager shall submit a notice to the agency authorizing payment of awards in accordance with RCW  41.60.120 and WAC 383-07-125.
(1) The award authorization notice shall include:
(a) The total amount of savings and/or revenue;
(b) The team award based upon the percentage specified by WAC 383-07-125; and
(c) A list of employees and the amount of each individual's award share.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › Section 388-01-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
(1) "Authorization" means a detailed document
				that gives DSHS permission to use or disclose confidential information and
				records for specified purposes and within a designated time frame.
(2) "Business days" means Monday through
				Friday, excluding legal holidays.
(3) "Client" means a person who receives
				services or benefits from DSHS. Clients include but are not limited to,
				consumers, recipients, applicants, residents of DSHS facilities or
				institutions, patients, parents receiving support enforcement services, persons
				who previously received services or benefits, and persons applying for benefits
				or services.
(4) "DSHS" means the
				department of social and health services.
(5) "Public records coordinator" means a
				person designated to respond to public records requests within an
				organizational unit or who are appointed as responsible for a local office,
				unit, region, program, or facility.
(6) "Public records officer" means the person
				designated as the public records officer for the DSHS under
				RCW
				 42.56.580. The DSHS public records officer
				has primary responsibility for management, oversight, and monitoring of DSHS's
				public records request process.
(7)
				"Redact" means deleting or marking out exempt information from a public
				record.
(8) "Third party notice"
				means notifying affected persons or entities of a public records request to
				allow the opportunity to enjoin disclosure of the records under
				RCW
				 42.56.540.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › Section 388-01-010 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to ensure compliance by the
				  department of social and health services with the provisions of the Public
				  Records Act, chapter 42.56 RCW.
Statutory Authority: RCW  42.17.250 and
					 34.05.220. 99-15-065, §
					 388-01-010, filed 7/19/99, effective
					 8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › Section 388-01-015 - Does any provision in this title create a cause of action?

Current through Register Vol. 24-14, July 15, 2024
Except where otherwise provided, no provision in Title 388
				  WAC:
(1) Creates or is intended to
				create any right or cause of action;
(2) Adds to or intends to add to any existing
				right or cause of action; or
(3)
				Compels the establishment of any program or special entitlement.
Statutory Authority: RCW  42.17.250 and
					 43.17.060. 02-15-119, §
					 388-01-015, filed 7/18/02, effective
					 8/18/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DSHS ORGANIZATION › Section 388-01-020 - How is DSHS organized?

Current through Register Vol. 24-14, July 15, 2024
DSHS is organized into administrations which direct the
					 provision of food and cash assistance, long-term care, vocational
					 rehabilitation, services for people with intellectual and developmental
					 disabilities, and behavioral health treatment for people in state-operated
					 psychiatric hospitals as well as those with criminal justice involvement, and
					 waiting to receive competency evaluation and restoration services. DSHS
					 contracts with local government, private, and nonprofit contractors to deliver
					 these services, and operates over 140 field offices and 12 state-run facilities
					 throughout Washington.
DSHS's current organizational structure can be located at
					 the following link:
https://www.dshs.wa.gov/office-of-the-secretary/organizational-chart
.
Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-020, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-030 - What public records are available?

Current through Register Vol. 24-14, July 15, 2024
(1) DSHS prepares
				  and maintains public records that relate to the programs it administers. All
				  records DSHS uses to conduct business are public records.
DSHS public records may include documents, audio and video
					 recordings, pictures, email, and electronic data.
(2) DSHS public records are available to the
				  public unless a law exempts them from disclosure. Some DSHS records are
				  confidential and not available to everyone. Records exempt from public
				  disclosure are listed under chapter 42.56 RCW, WAC
				  388-01-120, and other federal and
				  state laws applicable to DSHS.
(3)
				  Clients, or someone authorized to act for a client, may access confidential
				  records about the client that are exempt from disclosure to the public unless
				  specifically prohibited by law.
(4)
				  Upon request, DSHS may provide access to records such as rules, policies,
				  indexes, interpretive statements, pamphlets, forms, and other publications at
				  cost under WAC
				  388-01-180 without using the
				  public records request process.
Statutory Authority: RCW 41.17.020, 41.17.260, and
						41.17.300. 03-17-014, § 388-01-030, filed 8/12/03, effective 9/12/03.
						Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-030, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-040 - What public records are available for release? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-040, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-050

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-050, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-060 - How may an individual request a public record?

Current through Register Vol. 24-14, July 15, 2024
(1) An
				  individual may request a public record verbally or in writing from the DSHS
				  public records officer using the following contact information:
DSHS public records officer
Office of information governance
P.O. Box 45135
Olympia WA 98504-5135
Telephone: (360) 902-8484
Fax: (360) 902-7855
Email: DSHSPublicDisclosure@dshs.wa.gov.
DSHS prefers that all public record requests be in writing
					 on the "request for DSHS records" form, DSHS 17-041. Individuals may locate
					 this form on the DSHS website at
https://www.dshs.wa.gov/office-of-the-secretary/forms
or request it from the DSHS public records officer.
(2) If an individual does not use the DSHS
				  form, the written public record request should include the following
				  information:
(a) The requester's name,
				  organization, mailing address, telephone number, fax number, and email
				  address;
(b) The date of the
				  request;
(c) A detailed description
				  of the identifiable public record being requested;
(d) The email or mailing address where DSHS
				  should send copies of the records, or if the requester wants to inspect the
				  record at DSHS; and
(e) The
				  requester's signature.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-070 - When may a public record be inspected?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Individuals may inspect public records during DSHS office hours. The office
				  hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday,
				  excluding legal holidays. Contact the public records coordinator in the
				  appropriate office to arrange a time to inspect the public record.
(2) In order to preserve the record or
				  prevent interference in the performance of departmental duties, DSHS reserves
				  the right to restrict an individual's ability to inspect or copy public
				  records. This does not prevent DSHS from providing copies of the public record
				  by mail or email.
Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-070, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-080 - Does DSHS charge for inspecting or providing public records?

Current through Register Vol. 24-14, July 15, 2024
(1) There is no fee for inspecting public
				  records.
(2) Pursuant to
				  RCW
				   42.56.120 (2)(b), DSHS does
				  not calculate the actual costs for copying records because to do so would be
				  unduly burdensome for the following reasons:
(a) DSHS does not have the resources to
				  conduct a study to determine all of its actual copying costs; and
(b) To conduct such a study would interfere
				  with other essential agency functions.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-090 - When and how must DSHS respond to a public record request?

Current through Register Vol. 24-14, July 15, 2024
(1) Within five business days after DSHS
				  receives a public record request, DSHS must:
(a) Produce responsive public
				  records;
(b) Acknowledge receipt of
				  the request and provide an estimated date for first response;
(c) Provide an internet address and link to
				  the specific records requested;
(d)
				  Seek clarification of an unclear request; or
(e) Deny the request in writing, noting the
				  reason(s) for denial.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-100 - When may DSHS need to extend the time to respond to a public record request?

Current through Register Vol. 24-14, July 15, 2024
(1) DSHS may extend its estimated response
				  time to:
(a) Locate and gather responsive
				  records;
(b) Notify an individual
				  or organization identified in the records or affected by the request;
(c) Determine whether requested records are
				  exempt and whether all or part of the records may be released;
(d) Contact the requester to clarify the
				  intent, scope, or specifics of the request.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-110 - What if a requester disputes production time estimates?

Current through Register Vol. 24-14, July 15, 2024
If a requester thinks DSHS's time estimate for producing
					 records under chapter 42.56 RCW is unreasonable, the requester may:
(1) Petition the public records coordinator
				  to reduce the time estimate; or
(2)
				  File a lawsuit in superior court under
				  RCW
				   42.56.550(2).
Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-110, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-120 - What if the public record contains information that is exempt from public disclosure?

Current through Register Vol. 24-14, July 15, 2024
(1) Public records
				  and information may be exempt from disclosure or production under chapter 42.56
				  RCW or other state or federal laws. Commonly applicable exemptions include, but
				  are not limited to, the following:
(a) Under
				  RCW
				   42.56.230(1), personal
				  information in files maintained for welfare recipients and patients or clients
				  of public institutions or public health agencies. Personal information
				  includes, but is not limited to:
(i)
				  Names;
(ii) Telephone
				  numbers;
(iii) Fax
				  numbers;
(iv) Email
				  addresses;
(v) Social Security
				  numbers;
(vi) Medical record
				  numbers;
(vii) Health plan
				  beneficiary numbers;
(viii) Account
				  numbers;
(ix) Certificate or
				  license numbers;
(x) Vehicle
				  identifiers and serial numbers, including license plate numbers;
(xi) Device identifiers and serial
				  numbers;
(xii) Web universal
				  resource locators (URLs);
(xiii)
				  Internet protocol (IP) address numbers;
(xiv) Biometric identifiers, including finger
				  and voice prints;
(xv) Full face
				  photographic images and any comparable images;
(xvi) Any other unique identifying number,
				  characteristic, or code;
(xvii) All
				  geographic subdivisions smaller than a state, including street address, mailing
				  address, city, county, precinct, geocodes, and zip code, except for the initial
				  three digits of a zip code; and
(xviii) All elements of dates (except year)
				  for dates directly related to an individual, including birth date, admission
				  date, discharge date, date of death.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-130 - What are a requester's options if DSHS denies a public record request?

Current through Register Vol. 24-14, July 15, 2024
(1) After DSHS takes final action to deny all
				  or a portion of a public record request, a requester may do any one or more of
				  the following:
(a) Petition for agency review
				  by the denying public records coordinator or an approved designee. The written
				  request must specifically refer to the written statement by the public records
				  coordinator that constituted or accompanied the denial.
(b) Ask the office of the attorney general to
				  review the public record request.
(i) Send a
				  copy of the denied public record request and the DSHS written denial to:
Office of the attorney general
Public records review
P.O. Box 40100
Olympia WA 98504-0100.
(ii) The office of the attorney general will
				  review the request and DSHS denial. The office of the attorney general issues a
				  written opinion as to whether the requested public record is excluded from
				  disclosure.
(c) File a
				  lawsuit for judicial review under the Public Records Act in superior court in
				  the county where the public record is located.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-140 - If a public record identifies or pertains to an individual or organization, other than the requester, is that individual or organization notified?

Current through Register Vol. 24-14, July 15, 2024
(1) If records responsive to a public records
				  request identify or pertain directly to an individual or organization other
				  than the requester, DSHS may notify the named individual or organization about
				  the request.
(2) DSHS's third party
				  notice may include:
(a) A copy of the original
				  request;
(b) If appropriate, the
				  records that identify or pertain to the third party;
(c) The date DSHS intends to release the
				  record; and
(d) A statement that
				  the third party may prevent release of the record by agreement or by bringing a
				  lawsuit and getting an injunction against DSHS and the requester under
				  RCW
				   42.56.540 prior to the intended release
				  date.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-150 - May a third party request a client's record?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  third party, such as a DSHS client's attorney or lay representative, may access
				  confidential records about a DSHS client with a valid authorization.
(2) The authorization should:
(a) Identify the client;
(b) Identify the individual(s) or
				  organization(s) authorized to receive the records;
(c) State that DSHS may disclose the
				  information to the requester;
(d)
				  Identify the record(s) that the client wants DSHS to release;
(e) State the date the authorization expires
				  or an expiration event that relates to the client or the purpose of the use of
				  disclosure;
(f) State the reason
				  for disclosure;
(g) State the right
				  to revoke;
(h) State the potential
				  for redisclosure;
(i) As
				  appropriate, include specific language authorizing DSHS to release any one or
				  more of the following to the requester: substance use disorder records, HIV or
				  STD records, or mental health records; and
(j) Include a dated verified signature of the
				  individual with legal authority to authorize the release of records.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-160 - Is DSHS required to create public records for requesters?

Current through Register Vol. 24-14, July 15, 2024
(1) DSHS is only required to provide access
				  to existing, identifiable public records in its possession at the time of the
				  request (see
				  RCW
				   42.56.080).
(2) DSHS is not required to collect
				  information to create a public record that does not exist at the time the
				  public record request is received.
Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-160, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-170 - May DSHS release information or public records outside of the Public Records Act?

Current through Register Vol. 24-14, July 15, 2024
(1) A request for
				  information is not a Public Records Act request.
(2) A request to access records under
				  authority other than the Public Records Act is not a Public Records Act
				  request, including but not limited to the following examples:
(a) Requests by current employees to access
				  their personnel files under
				  RCW
				   49.12.240;
(b) Requests by employees and labor unions to
				  access employment records under collective bargaining agreements;
(c) Requests by qualified individuals and
				  organizations to access confidential juvenile offender and child welfare
				  records under chapter 13.50 RCW and related federal laws;
(d) Requests by qualified individuals or
				  organizations to access confidential child support enforcement records under
				  chapter 26.23 RCW and related federal laws;
(e) Requests by qualified individuals or
				  organizations to access confidential adoption records under
				  RCW
				   26.33.340;
(f) Requests for public access to
				  confidential child welfare records under
				  RCW
				   74.13.500 through
				  74.13.525;
(g) Requests by qualified individuals and
				  organizations to access confidential health care information and medical
				  records under chapter 70.02 RCW and related federal laws;
(h) Requests for records pursuant to a
				  contract; and
(i) A legal subpoena
				  or court order for DSHS records.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-180 - Who should an individual contact to review or get a copy of an interpretive or policy statement index?

Current through Register Vol. 24-14, July 15, 2024
DSHS issues administrative policy statements that apply to
					 the whole department. Administrations may issue policies and interpretive
					 statements that relate to their own programs. (See
					 RCW
					  34.05.010.)
(1) To receive a copy of a DSHS
				  administrative policy, send a written request to:
Office of justice and civil rights
Rules and policies assistance unit
P.O. Box 45850
Olympia WA 98504-5850.
(2) To receive a copy or review a specific
				  administration's policies or interpretive statements, send a written request to
				  the administration.
Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-180, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-190 - How can an individual get an index of DSHS significant decisions?

Current through Register Vol. 24-14, July 15, 2024
(1) The DSHS board of appeals reviews and
				  selects orders and creates an index of significant decisions that substantially
				  affect DSHS performance (see
				  RCW
				   42.56.070).
(2) The index:
(a) Is divided into program
				  categories;
(b) Contains a copy or
				  synopsis of the order; and
(c) Is
				  updated, as needed.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-01 - Public records-disclosure › DISCLOSURE OF PUBLIC RECORDS › Section 388-01-200 - How may an individual file a petition for declaratory order by DSHS?

Current through Register Vol. 24-14, July 15, 2024
An individual may file a petition for declaratory order by
					 DSHS as follows:
(1) Read the
				  information on declaratory orders in
				  RCW
				   34.05.240 and WAC
				  10-08-250,
				  10-08-251, and
				  10-08-252; and
(2) File the petition with the DSHS rules and
				  policies assistance unit at:
DSHS Rules and policies assistance unit
P.O. Box 45850
Olympia WA 98504-5850.
Statutory Authority: RCW  42.17.250 and
						34.05.220. 99-15-065, §
						388-01-200, filed 7/19/99, effective
						8/19/99.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › GENERAL › Section 388-02-0005 - What is the purpose and scope of this chapter?

Current through Register Vol. 24-14, July 15, 2024
This chapter describes the general procedures that apply to
					 the resolution of disputes between you and the various programs within the
					 department of social and health services (DSHS). The rules of this chapter are
					 intended to supplement for DSHS both the Administrative Procedure Act (APA),
					 chapter
					 34.05 RCW, and the model
					 rules, chapter 10-08 WAC, adopted by the office of administrative hearings
					 (OAH).
(1) This chapter:
(a) Establishes rules encouraging informal
				  dispute resolution between DSHS and persons or entities who disagree with its
				  actions;
(b) Regulates all hearings
				  involving DSHS; and
(c)
				  Consolidates most DSHS hearing procedural rules into one chapter.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › GENERAL › Section 388-02-0015 - How do the terms in the Administrative Procedure Act (APA) compare to this chapter?

Current through Register Vol. 24-14, July 15, 2024
To improve clarity and understanding, the rules in this
					 chapter may use different words than the APA or the model rules. Following is a
					 list of terms used in those laws and the terms as used in these rules:
Chapter 34.05 RCW
Chapter 10-08 WAC
Chapter 388-02 WAC
Adjudicative proceeding
Different terms are used to refer to different
								  stages of the hearing process, and may include prehearing meeting, prehearing
								  conference, hearing, review, reconsideration and the entire hearing
								  process
Agency
DSHS
Application for adjudicative proceeding
Request a hearing
Enter
Make, send
Presiding officer
ALJ or review judge
Reviewing officer
Review judge
Statutory Authority:
						RCW
						34.05.020,
						chapter
						34.05 RCW, Parts IV and V,
						2002 c 371 § 211. 02-21-061, § 388-02-0015, filed 10/15/02, effective
						11/15/02. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0015,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › GENERAL › Section 388-02-0020 - What does good cause mean?

Current through Register Vol. 24-14, July 15, 2024
(1) Good cause is
				  a substantial reason or legal justification for failing to appear, to act, or
				  respond to an action. To show good cause, the ALJ must find that a party had a
				  good reason for what they did or did not do, using the provisions of Superior
				  Court Civil Rule 60 as a guideline.
(2) Good cause may include, but is not
				  limited to, the following examples.
(a) You
				  ignored a notice because you were in the hospital or were otherwise prevented
				  from responding; or
(b) You could
				  not respond to the notice because it was written in a language that you did not
				  understand.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADDRESSES › Section 388-02-0025 - Where is the office of administrative hearings located?

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The
				  office of administrative hearings (OAH) headquarters location is:
Office of Administrative Hearings
2420 Bristol Court SW
P.O. Box 42488
Olympia WA 98504-2488
(360) 664-8717
(360) 664-8721 (fax)
(b) The headquarters office is open from 8:00
				  am to 5:00 p.m. Mondays through Friday, except legal holidays.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › ADDRESSES › Section 388-02-0030 - How do I contact the board of appeals?

Current through Register Vol. 24-14, July 15, 2024
(1) The information included in this section
				  is current at this time of rule adoption, but may change. Current information
				  and additional contact information are available on the department's internet
				  site, in person at the board of appeals office, or by a telephone call to the
				  board of appeal's main public number.
Department of Social and Health Services
Board of Appeals
Location
Office Building 2 (OB-2)
First Floor Information
1115 Washington Street
Olympia, Washington
Mailing address
P.O. Box 45803
Olympia, WA 98504-5803
Telephone
(360) 664-6100
Fax
(360) 664-6187
Toll free
1-877-351-0002
Internet web site
www.dshs.wa.gov/boa
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0030, filed 1/31/11, effective 3/3/11. Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0030,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › DEADLINES › Section 388-02-0035 - How are days counted when calculating deadlines for the hearing process?

Current through Register Vol. 24-14, July 15, 2024
(1) When
				  counting days to find out when a hearing deadline ends under DSHS rules or
				  statutes:
(a) Do not include the day of the
				  action, notice, or order. For example, if a hearing decision is mailed on
				  Tuesday and you have twenty-one days to request a review, start counting the
				  days with Wednesday.
(b) If the
				  last day of the period ends on a Saturday, Sunday or legal holiday, the
				  deadline is the next business day.
(c) For periods of seven days or less, count
				  only business days. For example, if you have seven days to respond to a review
				  request that was mailed to you on Friday, May 10, the response period ends on
				  Tuesday, May 21.
(d) For periods
				  over seven days, count every day, including Saturdays, Sundays, and legal
				  holidays.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › DEADLINES › Section 388-02-0037 - When must the OAH reschedule a proceeding based on the amount of notice required?

Current through Register Vol. 24-14, July 15, 2024
Any party may request that the proceeding be rescheduled
					 and OAH must reschedule if:
(1) A rule
				  requires the OAH to provide notice of a proceeding; and
(2) The OAH does not provide the amount of
				  notice required.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0037, filed 1/31/11, effective
						3/3/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › DEADLINES › Section 388-02-0038 - When may the OAH shorten the amount of notice required to the parties of a proceeding?

Current through Register Vol. 24-14, July 15, 2024
The ALJ and the parties may agree to shorten the amount of
					 notice required by any rule.
Statutory Authority:
						RCW
						34.05.020,
						34.05.220. 11-04-074, §
						388-02-0038, filed 1/31/11, effective
						3/3/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › FILING AND SERVING PAPERS › Section 388-02-0040 - How do parties send documents?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  When the rules in this chapter or in other law asks a party to send copies of
				  documents to other parties, the party must mail or deliver copies to the DSHS
				  representative and to all other parties or their representatives.
(2) When sending documents to OAH or BOA, you
				  must mail or deliver the documents to one of the locations listed in WAC
				  388-02-0025(2)
				 for OAH or in WAC
				  388-02-0030 for BOA.
(3) When sending documents to your assigned
				  field office, you may use the address listed at the top of your notice of
				  hearing. If a field office has not been assigned, all written communication
				  about your hearing must be sent to the OAH Olympia field office which sends the
				  communication to the correct office.
(4) Documents may be sent by giving them to
				  someone in person, placing them in the mail with proper postage, or by fax or
				  e-mail if the party mails a copy on the same day.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0040,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › FILING AND SERVING PAPERS › Section 388-02-0045 - What is service?

Current through Register Vol. 24-14, July 15, 2024
Service gives the party notice. When a document is given to
					 the party, the party is considered served with official notice of the contents
					 of the document.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0045,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › FILING AND SERVING PAPERS › Section 388-02-0050 - How does a party serve someone?

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise stated in law, a party may serve someone
					 by:
(1) Personal service (hand
				  delivery);
(2) First class,
				  registered, or certified mail;
(3)
				  Fax if the party mails a copy of the document the same day;
(4) Commercial delivery service; or
(5) Legal messenger service.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0050,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › FILING AND SERVING PAPERS › Section 388-02-0055 - When must a party serve someone?

Current through Register Vol. 24-14, July 15, 2024
A party must serve all other parties and their
					 representatives whenever the party files a pleading, brief or other document
					 with OAH or BOA, or when required by law.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0055,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › FILING AND SERVING PAPERS › Section 388-02-0060 - When is service complete?

Current through Register Vol. 24-14, July 15, 2024
Service is complete when:
(1) Personal service is made;
(2) Mail is properly stamped, addressed and
				  deposited in the United States mail;
(3) Fax produces proof of
				  transmission;
(4) A parcel is
				  delivered to a commercial delivery service with charges prepaid; or
(5) A parcel is delivered to a legal
				  messenger service with charges prepaid.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0060,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › FILING AND SERVING PAPERS › Section 388-02-0065 - How does a party prove service?

Current through Register Vol. 24-14, July 15, 2024
A party may prove service by providing any of the
					 following:
(1) A sworn
				  statement;
(2) The certified mail
				  receipt signed by the recipient;
(3) An affidavit or certificate of
				  mailing;
(4) A signed receipt from
				  the person who accepted the commercial delivery service or legal messenger
				  service package; or
(5) Proof of
				  fax transmission.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0065,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › FILING AND SERVING PAPERS › Section 388-02-0070 - What is filing?

Current through Register Vol. 24-14, July 15, 2024
(1) Filing is the
				  act of delivering documents to OAH or BOA.
(2) The date of filing is the date documents
				  are received by OAH or BOA.
(3)
				  Filing is complete when the documents are received by OAH or BOA during office
				  hours.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0070,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › FILING AND SERVING PAPERS › Section 388-02-0075 - How does a party file documents?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  A party may file documents by delivering them to OAH or BOA by:
(a) Personal service (hand
				  delivery);
(b) First class,
				  registered, or certified mail;
(c)
				  Fax transmission if the party mails a copy of the document the same
				  day;
(d) Commercial delivery
				  service; or
(e) Legal messenger
				  service.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › RESOLUTION OF DISPUTES › Section 388-02-0080 - What are your options for resolving a dispute with DSHS?

Current through Register Vol. 24-14, July 15, 2024
(1) If you disagree
				  with a DSHS decision or action, you have several options for resolving your
				  dispute, which may include the following:
(a)
				  Any special prehearing alternative or administrative process offered by the
				  program;
(b) Prehearing
				  meeting;
(c) Prehearing conference;
				  and
(d) Hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING RIGHTS AND REQUESTS › Section 388-02-0085 - Do you have a right to a hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) You have a
				  right to a hearing only if a law or DSHS rule gives you that right. If you are
				  not sure, you should request a hearing to protect your right.
(2) Some DSHS programs may require you to go
				  through an informal administrative process before you can request or have a
				  hearing. The notice of DSHS action sent to you should include information about
				  this requirement if it applies.
(3)
				  You have a limited time to request a hearing. The deadline for your request
				  varies by the DSHS program involved. You should submit your request right away
				  to protect your right to a hearing, even if you are also trying to resolve your
				  dispute informally. For public assistance cases, if an applicant or recipient
				  does not file a request for a hearing within 90 calendar days after receiving
				  notice of an aggrieving decision, the request may still be filed within one
				  year of the aggrieving decision upon a showing of good cause. For purposes of
				  public assistance cases, as defined in
				  RCW
				   74.08.080, good cause for not requesting a
				  hearing before the deadline may include, but is not limited to: military
				  deployment, medical reasons, housing instability, language barriers, or
				  domestic violence.
(4) If you
				  request a hearing, one is scheduled.
(5) If DSHS or the ALJ questions your right
				  to a hearing, the ALJ decides whether you have that right.
(6) If the ALJ decides you do not have a
				  right to a hearing, your request is dismissed.
(7) If the ALJ decides you do have a right to
				  a hearing, the hearing proceeds.
Statutory Authority:
						RCW
						 34.05.020. 00-18-059, § 388-02-0085,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING RIGHTS AND REQUESTS › Section 388-02-0090 - Who may request a hearing?

Current through Register Vol. 24-14, July 15, 2024
Either you or your representative may request a
					 hearing.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0090,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING RIGHTS AND REQUESTS › Section 388-02-0095 - What if you have questions about requesting a hearing?

Current through Register Vol. 24-14, July 15, 2024
If you have questions about how, when, and where to request
					 a hearing, you should:
(1) Contact the
				  DSHS program involved, OAH, or BOA;
(2) Review the notice sent to you of the DSHS
				  action or decision; or
(3) Review
				  the applicable law or DSHS rule.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0095,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING RIGHTS AND REQUESTS › Section 388-02-0100 - How do you request a hearing?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  You may request a hearing in writing or orally, depending upon which program is
				  involved. The DSHS notice and applicable laws and rules should tell you whether
				  the request must be in writing or may be made orally.
(2) If you are allowed to make an oral
				  request, you may do so to a DSHS or OAH employee in person or by telephone or
				  voice mail.
(3) You may send a
				  written request by mail, delivery service, personal service, or by fax if you
				  mail a copy the same day. You should send written requests to the location on
				  the notice or to OAH at the location specified in WAC
				  388-02-0025(2).
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0100,
						filed 9/1/00, effective 10/2/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING RIGHTS AND REQUESTS › Section 388-02-0105 - What information do you give when requesting a hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) Your hearing
				  request must contain enough information to identify you and the DSHS action.
				  You should include:
(a) Your name, address,
				  and telephone number;
(b) A brief
				  explanation of why you disagree with the DSHS action;
(c) Your client identification or case
				  number, contract number, or any other information that identifies your case or
				  the program involved; and
(d) Any
				  assistance you need, including a foreign or sign language interpreter or any
				  other accommodation for a disability.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING RIGHTS AND REQUESTS › Section 388-02-0110 - What happens after you request a hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) After you request a hearing, the OAH
				  sends the parties a notice containing the hearing date, time, and place. This
				  document is called the notice of hearing. The parties may also receive a
				  written notice of a prehearing conference. You may receive a notice of a
				  prehearing conference either before or after receiving the notice of the
				  hearing.
(2) Before your hearing is
				  held:
(a) The department may contact you and
				  try to resolve your dispute; and
(b) You are encouraged to contact the
				  department and try to resolve your dispute.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-02 - DSHS hearing rules › HEARING RIGHTS AND REQUESTS › Section 388-02-0115 - May you withdraw your hearing request?

Current through Register Vol. 24-14, July 15, 2024
(1) You may withdraw your hearing request for
				  any reason and at any time by contacting DSHS or OAH in writing or orally with
				  the ALJ and the other parties. After your request for withdrawal is received,
				  your hearing is cancelled and OAH sends an order dismissing the hearing. If you
				  withdraw your request you may not be able to request another hearing on the
				  same DSHS action.
(2) If you
				  withdraw your hearing request, you may only set aside the dismissal according
				  to WAC 388-02-0290.
Statutory Authority:
						RCW
						34.05.020. 00-18-059, § 388-02-0115,
						filed 9/1/00, effective 10/2/00.