Washington Administrative Code

The purpose of child find is to locate, evaluate and identify children with suspected disabilities in need of special education services including those who are not currently receiving special education and related services and who may be eligible for those services. In conjuncti…

The purpose of the rules in this chapter is to establish the procedures Washington state school for the blind (school) will follow in order to provide full access to nonexempt public records. These rules provide information to persons requesting access to public records of the sc…

(1) Washington state school for the blind is a state agency and school established and organized under the authority of chapter 72.40 RCW. The administrative office of the school is located at 2214 East 13th Street, Vancouver, Washington.(2) The school operates under the supervis…

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the school, Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., excluding legal holidays and holidays established by the school calendar. …

(1) Order of processing public records requests. The public records officer or designee will process requests in the order that allows the most requests to be processed in the most efficient manner.(2) Acknowledging receipt of request. Within five business days of receipt of the …

(1) The following copy fees and payment procedures apply to requests to the school under chapter 42.56 RCW.(2) Pursuant to RCW 42.56.120 (2)(b), the school is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reason…

(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) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a request for a public record may petition in writing (including email) to the public records officer for prompt review of that decision. The pet…

The Washington state school for the blind implements policy contained in this chapter in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232(g); 34 C.F.R. Part 99 (FERPA).This law establishes that the education records of students attending or havin…

As used in this chapter:(1) "Directory information" means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to, the student's name, date of birth, major…

The school provides parents or eligible students currently in attendance with annual notice of their rights under FERPA by publication in the parent/student handbook and through these rules.[Statutory Authority: RCW 72.40.022. WSR 16-13-068, § 72-280-015, filed 6/13/16, effective…

(1) The school shall permit parents of students eligible for special education to inspect and review, during school business hours, any education records relating to the student which are collected, maintained, or used by the school under chapters 392-172A and 72-171 WAC. A reque…

(1)(a) A parent (or eligible student) who believes that information contained in the education record is inaccurate, misleading, or violates the privacy or other rights of the student, may request the school to amend the information.(b) A parent (or eligible student) shall not be…

(1) Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with subsection (2) of this section, unless the information is contained in education records, and the disclosure…

(1) The school shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.(2) The director of education is responsible for assuring the confidentiality of any personally identifiable information.(3) The scho…

The school shall maintain a record of parties obtaining access to educational records collected, maintained, or used under this chapter including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. The agency is …

(1) Student education records may be destroyed in accordance with state laws and regulations: Provided, That the school shall not destroy any education records if there is an outstanding request to inspect and review the records under this chapter.(2)(a) The school shall inform p…

(1) It shall be the policy of Washington state school for the blind that all actions taken by the school shall comply with the provisions of chapter 43.21C RCW (State Environmental Policy Act) and chapter 197-11 WAC as presently enacted or hereafter amended.(2) The superintendent…

(1) Once the appellant has notified the agency that he or she wishes to appeal the agency's review decision, the agency shall transmit the appellant's application for an adjudicative proceeding (request for hearing) to the office of administrative hearings (OAH) within ten busine…

Within ten business days of receipt of the appellant's request for hearing, the agency shall also transmit to OAH the relevant case file, including documents which the agency intends to use as exhibits in the hearing. The case file and documents may be transmitted to OAH together…

(1) It shall be the responsibility of OAH to issue the notice of hearing to the appellant and the agency.(2) Either party may request a prehearing conference.(3) The hearing shall be held telephonically unless the rights of the parties will be prejudiced thereby or at the discret…

The ALJ shall hear the evidence presented by both the appellant and the agency regarding the wage overpayment. The ALJ shall decide based upon that evidence whether a wage overpayment has occurred and, if so, what amount appellant owes the agency. Recoupment of an overpayment sha…

The decision of the ALJ in any wage overpayment adjudicative proceeding shall be considered a final order.[Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-050, filed 10/7/03, effective 11/7/03.]

(1) If a person with a right to an adjudicative proceeding under chapter 77, Laws of 2003, files a request for hearing after the period for doing so has passed, the person must show good cause why the request for hearing should be granted.(2)(a) If the ALJ finds good cause for fi…

For purposes of adjudicative proceedings of state employee wage overpayments, the exclusions to the administrative procedure act found in RCW 34.05.030 do not apply.[Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-070, filed 10/7/03, effective 11/7/03.]

This chapter describes the requirements and process for petitioning an agency to adopt, repeal, or amend a rule under RCW 34.05.330.[Statutory Authority: 1995 c 403 § 703. WSR 96-03-048, § 82-05-010, filed 1/12/96, effective 2/12/96.]

(1) Every petition for adoption, repeal, or amendment of a rule must include the following:(a) The name of the agency responsible for administering the rule, and(b) The rationale for adoption of a new rule or amendment or repeal of an existing rule.(c) In addition to any other co…

(1) Petitions for adoption, repeal, or amendment of a rule must be sent to the rules coordinator of the agency responsible for administration of the rule.(2) Submission of a petition is defined as receipt of the petition by the administering agency.[Statutory Authority: 1995 c 40…

(1) Within a reasonable time, the administering agency will send you, the petitioner, acknowledgement of receipt of the petition, including the name and telephone number of a contact person.(2) No later than sixty days after receipt of a petition, the agency must either(a) Initia…

(1) Within thirty days of the denial, you, the petitioner, may appeal the denial to the governor.(2) The governor will process the appeal according to RCW 34.05.330(3).[Statutory Authority: RCW 34.05.330. WSR 02-02-037, § 82-05-050, filed 12/26/01, effective 1/26/02. Statutory Au…

(1) Under RCW 43.17. (section 2, chapter 85, Laws of 1991), state agencies may waive the mandatory one percent per month interest charge on past due receivables if any of the following criteria apply:(a) It would not be cost effective to charge interest on an individual debt or a…

This rule is promulgated pursuant to RCW 43.41.110(13). The office of financial management (OFM) is the primary agency responsible to estimate the cash flow of the state general fund and accounts in the general fund. OFM has the responsibility to manage funds to enhance the cash …

In order to carry out the provision of WAC 82-10-010, state agencies, councils, commissions, departments, or offices depositing, transferring or disbursing funds from the general fund or accounts in the general fund will provide such information as deemed necessary by OFM to esti…

The state treasurer's office is the state agency responsible to oversee daily cash management operations of all treasury and trust funds in the state treasury. Where permitted by state law, this responsibility includes the monitoring and estimation of all funds in the treasury, t…

I, Warren A. Bishop, director of central budget agency of the state of Washington, by virtue of the authority vested in me under chapter 79.44 RCW, after due notice as provided under chapters 34.04 and 42.32 RCW, at a public hearing held in Olympia on December 4, 1964, do promulg…

For the purposes of these rules "the director" means the director of the central budget agency of the state of Washington. The chief administrative officer or the person or persons as charged by law with ultimate responsibility for administration of the agency of state government…

Assessing district officials will submit a notice of intention to make improvements, together with an estimate of the amount to be charged to each lot, tract or parcel of land or other properties owned by the state to be assessed for such improvements, and such notice shall be fo…

It shall be the responsibility of the agency head having jurisdiction over lands to be assessed, or his duly authorized representative, to appear for the state of Washington in all assessment district hearings or otherwise insure that proposed improvements will specially benefit …

If the agency head determines that the proposed improvements are not specially beneficial to state-owned lands or are not authorized by law or that the amount assessed against state-owned lands is not the just and equitable portion of the cost of the improvements which the state …

When a state agency is the sole or principal beneficiary of a local improvement district assessment, and has some voice in determining the timing of the project, it shall include the proposed assessments in its regular capital budget.[Order I, Regulation 5, filed 12/7/64.]

When an assessment roll has been approved and confirmed, the assessing district, or in the case of an irrigation district the county treasurer, shall forward the statement of assessment to the director and to the agency head. The agency head shall investigate the assessment and s…

In accordance with the provisions of section 2, chapter 21, Laws of 1963 ex. sess., or a similar section in subsequent appropriation bills, the director will reimburse the general fund for any assessment expenditures on behalf of an agency which is financed by other than general …

The director's action in making payment of assessment or reimbursing the general fund for such payment will be based upon an analysis of statements (2), (3), and (4) of WAC 82-12-060. Agency determinations will be considered conclusive for statements (1) and (5).[Order I, Regulat…

The agency head of an agency that has available appropriated or local fund sources for the payment of assessment claims shall make such payments in accordance with the provisions of these regulations and the state budget and accounting procedures; and shall maintain such records …

Assessing districts shall not order local improvements that relate to the interest of the state in harbor areas and state tidelands until the written consent of the commissioner of public lands to the making of such improvements has been obtained; and/or the other conditions of R…

No lands of the state shall be subject to a lien for unpaid assessments, nor shall the interest of the state in any land be sold for unpaid assessments where assessment liens were attached to the lands prior to state ownership.[Order I, Regulation 11, filed 12/7/64.]

The director may direct assessing districts and state agencies to maintain additional records to provide supporting information to fulfill the procedural requirements of certification as promulgated by this order.[Order I, Regulation 12, filed 12/7/64.]

The rules adopted in chapter 82-20 WAC further define and clarify the application of RCW 43.41.180, which authorizes the office of financial management to approve the use of electronic and other technological means to transfer funds whenever economically feasible.[Statutory Autho…

The following definitions apply throughout this chapter unless the context clearly indicates other meaning:(1) "Agency" means and includes every state agency, office, board, commission, department, state institution, or state institution of higher education, which includes all st…

In order for the office of financial management to determine whether or not an application is economically feasible, agencies are required to prepare and submit an economic feasibility study for approval. Agencies must file an economic feasibility study for all new applications t…