Preproposals

Subject of Possible Rule Making: Chapter 173-905 WAC, Battery stewardship program. The department of ecology (ecology) is writing rules to clarify definitions, plan requirements, and annual reporting requirements; set the agency fee to cover oversight costs of the program; and establish battery management standards. Other topics ecology will address with rule making include, but are not limited to, setting performance targets and goals, determining local government handling costs, and clarifying

Subject of Possible Rule Making: The gambling commission is reviewing rules regarding the minimum amount of cash a card room must have on hand as required by WAC 230-15-050. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 9.46.070 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently, rules require house-banked card game licensees to have sufficient cash on hand to redeem all chips issued for play and pay out all prizes. New rules may be

Subject of Possible Rule Making: The gambling commission (commission) has asked staff to review WAC 230-06-025 Restrictions on firearms as prizes, to ensure compliance with all state firearms statutes. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 9.46.070 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2023, the legislature passed SHB 1240 establishing "firearms-related safety measures to increase public safety by prohibiting the manufa

Subject of Possible Rule Making: New chapter 388-848 WAC and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 10.77.060 and 71A.12.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to write a new chapter of rules to regulate its civil transitions program, which was created under ESSSB [E2SSB] 5440, which amended RCW 10.77.060 . During the

Subject of Possible Rule Making: Chapter 110-16 WAC, License-exempt care — Family, friends, and neighbors (FFN) in-home/relative child care providers and other related rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.216.055 , 43.216.065 ; and chapter 43.216 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The licensing division of the department of children, youth, and families (DCYF) is amending these rules to clarify requirement

Subject of Possible Rule Making: Chapter 634-615 [434-615] WAC, Custody of public records. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 40.14.020 (6). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Clarify the custody of public records when located by agencies in temporary storage at the state records center. To state that it is not prohibited for agencies to transfer records between each other when needed to perform a governmental function

Subject of Possible Rule Making: WAC 434-624-010, 434-624-020, 434-630-010, and 434-630-020, state records committee membership and local records committee membership. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 40.14.020 (6). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Removes obsolete position language with generalized membership language. Interested parties can participate in the decision to adopt the new rule and formulation of the

Subject of Possible Rule Making: WAC 182-531-2030 Enhanced rates for pediatric care services and administration of vaccines; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (HCA) is expanding the age limit for the enhancement rate for pediatric care services and the administration of vaccines provided to clients

Subject of Possible Rule Making: WAC 260-49-070 Distribution of source market fees. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 67.16.020 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington horse racing commission (commission) may need to adjust the source market fee distribution to reflect a change in duties performed by commission employees if a voluntary agreement with the Horseracing Industry Safety Authority and/or the Hor

Subject of Possible Rule Making: The department of fish and wildlife (department) is considering the development of training to obtain beaver relocation permits. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.32.585 , 77.04.012 , 77.04.055 , 77.12.020 , 77.12.047 , 77.12.120 , and 77.32.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is developing a new permit that is specific to beaver relocation and consistent with RC

Subject of Possible Rule Making: WAC 182-543-3000 Covered — Hospital beds, mattresses, and related equipment and 182-543-7000 Authorization; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending these rules to change the medical necessity criteria for hospital beds and to clarify the process for su

Subject of Possible Rule Making: The department of social and health services (department) is planning to amend WAC 388-412-0040 Can I get my benefits replaced?, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050 , 74.04.055 , 74.04.057 , 74.04.500 , 74.04.510 , 74.08.090 , and 74.08A.120 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Planned amendments are necessary to align with federal re

Subject of Possible Rule Making: WAC 139-06-020 to provide a definition of "serious injury" as it pertains to agency notification requirements. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.101.080 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules on this subject are necessary to provide guidance to law enforcement agencies on when notifications are required to be sent to the Washington state criminal justice training commission for

Subject of Possible Rule Making: Updating respiratory care practitioner licensure and temporary practice permits. The department of health (department) is considering amendments to the following WAC sections to implement 2SHB 1009, (chapter 165, Laws of 2023) and 2SHB 1724, (chapter 425, Laws of 2023): WAC 246-928-420 Respiratory care practitioner application requirements, 246-928-540 Examination requirements for licensure as a respiratory care practitioner, 246-928-560 Licensure for persons cre

Subject of Possible Rule Making: WAC 308-409-080 Prohibitions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.310.020 Powers and duties of director. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of licensing is considering updating language in the above WAC to include requirements from RCW 18.310.150 Disciplinary actions — Grounds in response to a rule-making petition. Other Federal and State Agencies that Regulate this Sub

Subject of Possible Rule Making: Creating an exclusion from the definition of full-time employment for the purposes of automatic enrollment into the state's deferred compensation plan (DCP) to exempt seasonal positions that are expected to work less than five months per year. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 and 41.50.770 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Under RCW 41.50.770 (3), eligible new state emplo

Subject of Possible Rule Making: New WAC 458-20-27901 Clean alternative fuel vehicles and plug-in hybrid vehicles. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.01.060 (2) and 82.32.300 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of revenue intends to adopt a new rule regarding a retail sales and use tax exemption for certain clean energy vehicles. This rule is being written to provide additional guidance to buyers and

Subject of Possible Rule Making: Occupational therapy temporary permits and fees updates. The occupational therapy practice board (board) and the department of health (department) are considering amendments to WAC 246-847-117 Temporary permits, in response to 2SHB 1009 (chapter 165, Laws of 2023), the Washington Military Spouse Employment Act. The board and the department will also consider amending WAC 246-847-990 Occupational therapy fees and renewal cycle, to establish a fee to cover the cost

Subject of Possible Rule Making: In-service distributions and required minimum distributions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 ; the SECURE Act of 2019 (P.L. 116-94), and the SECURE Act of 2022 (P.L. 117-328). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Making changes to implement the in-service distribution provision from the SECURE Act of 2019 and the required minimum distribution provision from the SECURE Act of

Subject of Possible Rule Making: Law enforcement officers' and firefighters' retirement system (LEOFF) Plan 2 disability benefits. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Clarifying the requirement for LEOFF Plan 2 disability benefits to specify that members are not required to have a medical diagnosis regarding the disabling condition as of the date of separation, as long as s

Subject of Possible Rule Making: Experimental research treatments. Statutes Authorizing the Agency to Adopt Rules on this Subject: The forest practices board's (FPB) authority to adopt forest practices rules is granted under RCW 76.09.040 , [76.09].050, and [76.09].370. The pilot project process is authorized by RCW 34.05.313 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule is necessary to authorize the implementation of experimental harvest treatments

Subject of Possible Rule Making: Optometry continuing education (CE) and examination requirements. The board of optometry (board) will conduct a review of the optometrist CE and examination requirements in WAC 246-851-090 through 246-851-230 and 246-851-490. The board will consider increasing the number of allowable online credits. To comply with 2SHB 1724 (chapter 425, Laws of 2023), the board will also consider including the jurisprudence exam (JP) within their CE requirements and removing it

Subject of Possible Rule Making: Title 314 WAC; the Washington state liquor and cannabis board (LCB) is considering amending WAC 314-55-015 to allow persons under 21 years of age on licensed premises of cannabis producers and processors under certain conditions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.50.325 , 69.50.342 , 69.50.345 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In August 2022, LCB accepted two petitions, both from

Subject of Possible Rule Making: WAC 182-538B-180 Civil transition program — Overview; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule establishes eligibility criteria for the civil transition program, which is a state-funded, fee-for-service program that requires the department of social and health services (DSHS) to provide wr

Subject of Possible Rule Making: Average available greenhouse gas emissions output for emissions performance standard. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.80.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 80.80.050 requires that the department of commerce (commerce) updates the average available greenhouse gas emissions output every five years to reflect the greenhouse gas emissions rate of the average new combined cyc

Subject of Possible Rule Making: WAC 392-172A-05135 Transfer of parental rights to the student at age of majority. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.155.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The office of superintendent of public instruction (OSPI) is considering rule making to update and replace the statutory references to chapter 11.88 RCW (repealed under ESSB 6287 (2020)) with chapter 11.130 RCW under WAC 39

Subject of Possible Rule Making: Creating a regulatory structure to allow centralized surveillance of Class F and house-banked card rooms. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 9.46.070 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently, chapter 230-15 WAC requires Class F and house-banked card room licensees to maintain analog or digital closed-circuit television systems within their licensed premises that are monitored by t

Subject of Possible Rule Making: WAC 308-30-220 Fees for notarial acts. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.45.170 Fees, and 42.45.250 Rules. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of licensing is considering raising the maximum fees a notary may charge for notarial acts from $10 to $15, based on a rule-making petition and additional industry feedback. Other Federal and State Agencies that Regulate this Su

Subject of Possible Rule Making: New subchapter IV, Medical respite program, under chapter 182-551 WAC, Alternatives to hospital services; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 ; ESSB 5187, 68th legislature, 2023 regular session, section 215(64). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is proposing to add a new subchapter IV, Medical r

Subject of Possible Rule Making: WAC 182-527-2742 Estate recovery — Service-related limitations; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending WAC 182-527-2742 to add a new subsection (1)(e) to except state-only funded guardianship and conservatorship assistance program services from estate

Subject of Possible Rule Making: Required minimum distributions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 ; and the SECURE Act 2.0 from the Consolidated Appropriations Act of 2023 (P.L. 117-328). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Making necessary changes to implement the required minimum distribution provisions of the federal SECURE Act 2.0. Process for Developing New Rule: Agency study. Interested parties can par

Subject of Possible Rule Making: Pierce College is engaging in the proposed rule-making process to repeal chapter 132K-122 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Pierce College is engaging with the rule-making process to repeal chapter 132K-122 WAC because the Family Educational Rights and Privacy Act provides the necessary legal requirements and guidance to protect

Subject of Possible Rule Making: Pierce College is engaging in the proposed rule-making process to update or repeal chapter 132K-300 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Pierce College is engaging with the rule-making process to maintain compliance with state law by updating or repealing chapter 132K-300 WAC regarding providing services to students and employees wi

Subject of Possible Rule Making: Pierce College is engaging in the proposed rule-making process to establish time, place, and manner regulations regarding a speech and assembly policy. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Pierce College is engaging with the rule-making process to establish procedures and reasonable controls for the use of college facilities to balance t

Subject of Possible Rule Making: Pierce College is engaging in the proposed rule-making process to establish a policy for children and minors on campus. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Pierce College is engaging with the rule-making process to establish procedures and perimeters for children and minors on the college campus in order to protect health and safety, ma

Subject of Possible Rule Making: Pierce College is engaging in the proposed rule-making process to establish a policy for nonregistered individuals in the classroom. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Pierce College is engaging with the rule-making process to preserve a safe and academically focused classroom environment, while complying with state regulations. Other

Subject of Possible Rule Making: The health care authority (agency) intends to create new rules in Title 182 WAC that establish standards for issuing endorsements to mobile rapid response crisis teams or community-based crisis teams. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 , 71.24.903 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As directed in ESSHB [E2SHB] 1134, section 9, chapter 454, Laws of 2023, and subse

Subject of Possible Rule Making: Higher education retirement plan supplemental benefit fund. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050 and 41.50.280 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Making necessary WAC revisions to specify the process that will occur when the pension funding council, in consultation with the state actuary, determines that the higher education retirement plan supplemental benefit funds contain s

Subject of Possible Rule Making: Title 314 WAC; the Washington state liquor and cannabis board (LCB) is considering amending or repealing WAC 314-11-050 regarding prohibited conduct at liquor license premises. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 66.08.030 , 66.98.070 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 314-11-050 identifies prohibited conduct and behavior of patrons and employees at liquor license premises. This ru

Subject of Possible Rule Making: WAC 458-40-660 Timber excise tax—Stumpage value tables—Stumpage value adjustments. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 84.33.096 , 82.32.300 , 82.01.060 (2), and 84.33.091 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 84.33.091 requires the department of revenue (department) to revise the stumpage value tables every six months. The department establishes stumpage value tables to apprise timbe

Subject of Possible Rule Making: WAC 182-551-2230 Electronic visit verification (EVV) — System requirements; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 ; P.L. 114-255, Sec. 12006. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is adding a new section describing system requirements for EVV for home health care services. During the course of this re

Subject of Possible Rule Making: Education requirements for advanced registered nurse practitioner (ARNP) licensure; amending WAC 246-840-010, 246-840-340, 246-840-342, and other related sections in chapter 246-840 WAC. The Washington state board of nursing (board) is considering amendments to education requirements for ARNP licensure in response to the joint administrative rules review committee's (JARRC) recommendation. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.79.

Subject of Possible Rule Making: WAC 181-79A-223 and 181-79A-244, school nurse certification requirements. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 28A.410 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This WAC change will update school nurse certification policy to match updated department of health licensure changes as a result of Washington recently entering into the nurse licensure compact. Other Federal and State Agencies

Subject of Possible Rule Making: WAC 388-101D-0295, 388-101D-0330, and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 and 71A.12.120 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The developmental disabilities administration (DDA) is planning to amend these rules to address the labeling of prescribed medications for clients. During the course of this review, the department of social and he

Subject of Possible Rule Making: Elections. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 29A.04.611 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this proposal is to amend Title 434 WAC in accordance with state and federal law and update and clarify procedures for consistency in county elections offices throughout the state. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule w

Subject of Possible Rule Making: Chapter 308-124 WAC, Real estate — Definitions and brief adjudicative proceedings; and chapter 308-124C WAC, Real estate — Records and responsibilities. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.85.041 Director — General powers and duties. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of licensing is considering rule making to define "as soon as reasonably practical" related to the time

Subject of Possible Rule Making: WAC 36-12-195 License fees, renewals and requirements, 36-13-010 License fees, renewals and requirements, 36-14-110 License fees, renewals and requirements, 308-11-030 Auctioneer fees, 308-14-200 Court reporter fees, 308-17-150 Private investigative agency, private investigator, and armed private investigator fees, 308-18-150 Private security guard company, private security guard, and armed private security guard fees, 308-19-130 Bail bond recovery agent, bail bo