Washington Administrative Code

(1) Qualifying appeals. A worker or beneficiary who prevails in his or her own appeal regarding a claim for temporary total disability or in any appeal by the employer shall be paid simple interest at the rate of twelve percent per annum on the unpaid amount of the award after de…

(1) Applications for attorney's fees.(a) For the fixing of attorney fees as provided by RCW 51.52.120, the board shall fix a reasonable attorney fee to be paid by the worker, crime victim or beneficiary for services rendered before the board, or before the department in a claim r…

Upon receipt of a copy of notice of appeal to superior court from a board order, served upon the board by the appealing party pursuant to RCW 51.52.110, 7.68.110, 51.48.131, 34.05.542 or 49.17.150, the chief legal officer or his or her designee shall certify the record made befor…

In all cases in which a party has appealed to the superior court from a decision of the board, or from superior court to any appellate court, the prevailing party in such appeal shall promptly forward to the board a conformed copy of the final order, judgment or decision of the c…

The time within which any act shall be done, as provided by these rules, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or legal state holiday, and then it is also excluded.[Statutory Authority: RCW 51.52.020. WSR 9…

(1) Right to petition for declaratory ruling. As prescribed by RCW 34.05.240, any interested party may petition the board for a declaratory ruling with regard to the board's policies, procedures, and rules.(2) Form of petition. The form of the petition for a declaratory ruling sh…

(1) Right to petition for rule making. Any interested person may petition the board for the promulgation, amendment, or repeal of any rule.(2) Form of petition. The form of the petition for promulgation, amendment, or repeal of any rule shall generally adhere to the following:At …

(1) The board's publication "Significant Decisions," prepared pursuant to RCW 51.52.160, contains the decisions or orders of the board which it considers to have an analysis or decision of substantial importance to the board in carrying out its duties. Together with the indices o…

The OIC offers assistance statewide to consumers regarding health care insurance and health care access through its statewide health insurance benefits advisors (SHIBA) program. Volunteers are trained by OIC employees to provide counseling, education, and other assistance to resi…

(1)(a) Hearings of the OIC are conducted according to chapter 48.04 RCW and chapter 34.05 RCW, the Administrative Procedure Act. Two specific types of hearings are conducted pursuant to the Administrative Procedure Act: Rule-making hearings and adjudicative proceedings. Adjudicat…

(1) Any person may petition the insurance commissioner requesting the adoption, amendment, or repeal of any rule using the procedures set forth in RCW 34.05.330. The petition must be in writing, dated, and signed by the petitioner. In addition to the information listed in RCW 34.…

For purposes of complying with Titles 48 RCW and 284 WAC, whenever written notice to the commissioner is required, "sending" or "delivery" of the written notice includes transmitting the required information in writing and, where appropriate, on forms designated by the commission…

(1) The purpose of these rules is to establish the procedures the office of the insurance commissioner (OIC) will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the OIC and establ…

(1) The OIC's central office is located at Tumwater, Washington. The OIC has field offices in Seattle and Spokane.(2) Any person wishing to request access to public records of the OIC, or seeking assistance in making such a request should contact the OIC public records manager at…

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the OIC, Monday through Friday, 8:00 a.m. to 5:00 p.m. (excluding legal holidays). Records must be inspected at the offices of the OIC.(2) Records index. A…

The retention and lawful destruction of OIC records are governed by the retention schedules approved by the state records committee. The most current version of the state government general records retention schedule can be found on the secretary of state's website www.sos.wa.gov…

(1) Providing "fullest assistance." The OIC is charged by statute with adopting rules which provide for how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the age…

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions …

(1) No fees for costs of inspection. There is no fee for inspecting public records held by the OIC.(2) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the office of the insurance commissioner declares for the following reasons that it would be un…

(1) Petition for internal administrative review of denial of access. Any requestor who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records manager for a review of that decision. The petition should i…

As used in this chapter, unless the context requires otherwise:(1) "Affiliate" means any company that controls, is controlled by or is under common control with another company.(2) "Clear and conspicuous" means that a notice is reasonably understandable and designed to call atten…

(1) Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to:(a) Customer. An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relation…

(1)(a) General rule. A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of twelve …

(1) General rule. The initial, annual and revised privacy notices that a licensee provides under WAC 284-04-200, 284-04-205, and 284-04-220 shall include each of the following items of information, in addition to any other information the licensee wishes to provide, that applies …

(1)(a) Form of opt out notice. If a licensee is required to provide an opt out notice under WAC 284-04-300(1), it shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under that section. The notice shall state:(i) Tha…

(1) General rule. Except as otherwise authorized in this regulation, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that th…

(1) How to provide notices. A licensee shall provide any notices that this regulation requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.(2)(a) Examples of reasonable expectation of actual notic…

(1)(a) Conditions for disclosure. Except as otherwise authorized in this regulation, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless:(i) The licensee has provided t…

(1)(a) Information the licensee receives under an exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in WAC 284-04-405 or 284-04-410, the licensee's disclosure and use of that information is lim…

(1) General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to…

(1) General rule.(a) The opt out requirements in WAC 284-04-215 and 284-04-300 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf, if the licensee…

(1) Exceptions for processing transactions at consumer's request. The requirements for initial notice in WAC 284-04-200 (1)(b), the opt out in WAC 284-04-215 and 284-04-300 and service providers and joint marketing in WAC 284-04-400 do not apply if the licensee discloses nonpubli…

(1) Exceptions to opt out requirements. The requirements for initial notice to consumers in WAC 284-04-200 (1)(b), the opt out in WAC 284-04-215 and 284-04-300, and service providers and joint marketing in WAC 284-04-400 do not apply when a licensee discloses nonpublic personal f…

All licensees shall develop and implement written policies, standards and procedures for the management of health information, including policies, standards and procedures to guard against the unauthorized collection, use or disclosure of nonpublic personal health information by …

(1) A licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed. (2) Except as provided in WAC 284-04-510, …

(1)(a) Notwithstanding other provisions of this chapter, a licensee shall limit disclosure of any information, including health information, about an individual who is the subject of the information if the individual clearly states in writing that disclosure to specified individu…

(1) A valid authorization to disclose nonpublic personal health information pursuant to this Article V shall be in written or electronic form and shall contain all of the following:(a) The identity of the consumer or customer who is the subject of the nonpublic personal health in…

A request for authorization and an authorization form may be delivered to a consumer or a customer as part of an opt-out notice pursuant to WAC 284-04-225, provided that the request and the authorization form are clear and conspicuous. An authorization form is not required to be …

In the event of a conflict between this chapter and the state or federal laws, licensees shall comply with the state and federal laws governing privacy, as such laws relate to the business of insurance, except as expressly required by this chapter.[Statutory Authority: RCW 48.43.…

Nothing in this regulation shall be construed to modify, limit or supersede the operation of the Federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), and no inference shall be drawn on the basis of the provisions of this regulation regarding whether information is transact…

(1) A licensee shall not discriminate against any consumer or customer because that consumer or customer has opted out from the disclosure of his or her nonpublic personal financial information pursuant to the provisions of this regulation. (2) A licensee shall not discriminate a…

A violation of this chapter shall be deemed to be an unfair method of competition or an unfair or deceptive act and practice in this state.[Statutory Authority: RCW 48.02.060, 48.30.010, 48.43.505, Gramm-Leach Bliley Act, Pub. L. 102-106, Sec. 501(b), Sec. 505 (B)(2), and 45 C.F.…

If any section or portion of a section of this regulation or the applicability thereof to any person or circumstance is held invalid by a court, the remainder of the regulation or the applicability of the provision to other persons or circumstances shall not be affected.[Statutor…

(1) Effective date. These rules are effective July 1, 2001. (2)(a) Notice requirement for consumers who are the licensee's customers on the compliance date. By July 1, 2001, a licensee shall provide an initial notice, as required by WAC 284-04-200, to consumers who are the licens…

(1) The commissioner defines failure to provide notice of security breaches in compliance with this section as an unfair practice for the following reasons:(a) Many licensees fail or periodically fail to protect personal information and protected health information as defined in …

Licensees, including a group of financial holding company affiliates that use a common privacy notice, may use the following sample clauses, if the clause is accurate for each institution that uses the notice. (Note that disclosure of certain information, such as assets, income a…

Licensees, including a group of financial holding company affiliates that use a common privacy notice, may use the federal Model Privacy Form, if the form is accurate for each institution that uses the form. (Note that disclosure of certain information, such as assets, income and…

These rules, WAC 284-05-010 through 284-05-070, shall be known and may be cited as the "Washington actuaries regulation."[Order R-72-1, § 284-05-010, filed 2/8/72, effective 7/1/72.]

The purpose of this regulation is to establish standards for use of the terms "actuary" or "actuarial." It is not the purpose of this regulation to require any insurer or other person subject to the insurance code to employ an actuary except as may be otherwise required by statut…

This regulation shall apply to all reports, statements, and other documents filed with the insurance commissioner or issued to the public in relation to the business of insurance.[Order R-72-1, § 284-05-030, filed 2/8/72, effective 7/1/72.]