Washington Administrative Code

For applications to be considered by the board, teams interested in participating in the teamwork incentive program must meet these eligibility criteria:(1) An identification of the baseline against which savings shall be evaluated at the end of the project period. Teams shall de…

For applications to be considered by the board for teams that have already implemented their project improvements, teams interested in receiving a TIP award must meet these eligibility criteria:(1) The report shall be submitted to the productivity board within one year of full im…

Upon receipt of the official application, productivity board staff shall:(1) Review the application for completeness and accuracy, coordinating with the agency TIP liaison on any points needing clarification.(2) Schedule the application for board action at the next appropriate me…

Each team accepted to participate in the program prior to implementation of their project shall submit a mid-point report to the board through the agency's TIP liaison.(1) The mid-point report shall be submitted to the board in accordance with a schedule arranged by the program m…

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 a…

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 o…

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 tota…

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 amo…

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 42.56.040. WSR 23-19-028, amended and recodified as § 388-01-005, filed 9/12/23, effectiv…

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 Frid…

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.[Statutor…

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…

(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 reco…

(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 officerOffice of information governanceP.O. Box 45135Olympia WA 98504-5135Telephone: (360) 902-8484Fax: (360) 902…

(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 t…

(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 de…

(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 requ…

(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 …

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:…

(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 maintaine…

(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…

(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 origina…

(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 t…

(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 reques…

(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 employees and labor unions …

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:…

(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 updat…

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 pol…

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 …

The following definitions apply to this chapter:"Administrative law judge (ALJ)" means an impartial decision-maker who is an attorney and presides at an administrative hearing. The office of administrative hearings (OAH), which is a state agency, employs the ALJs. ALJs are not de…

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 RCWChapter 10-08 WACChapter 388-02 WACAdjudicative proceedin…

(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 gu…

(1) The office of administrative hearings (OAH) headquarters location is:(a) Office of Administrative Hearings2420 Bristol Court SWP.O. Box 42488Olympia WA 98504-2488(360) 407-2700(360) 664-8721 (fax)(b) The headquarters office is open from 8:00 a.m. to 5:00 p.m. Monday through F…

(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 b…

(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 da…

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. WSR 11-04-074, § 388-02…

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. WSR 11-04-074, § 388-02-0038, filed 1/31/11, effective 3/3/11.]

(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…

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. WSR 00-18-059, § 388-02-0045, filed 9/1/00, effective 10/2/00.]

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.[Statutor…

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. WSR 00-18-059, § 388-02-0055, filed 9/1/00, effective 10/2/00.]

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 delivere…

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…

(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. WSR 00-18-059, § 388-0…

(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 messenge…

(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…

(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 hear…

Either you or your representative may request a hearing.[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0090, filed 9/1/00, effective 10/2/00.]

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.…

(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 t…