Preproposals

Subject of Possible Rule Making: Adopting a new rule in chapter 391-45 WAC that governs compliance of remedial orders in unfair labor practice cases. Amending WAC 391-35-020 to clarify timeliness for unit clarification proceedings. Making typographical corrections to other existing rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.52.080 , 41.56.090 , 41.58.050 , 41.59.110 , 41.76.060 , 47.64.135 , and 49.39.060 . Reasons Why Rules on this Subject may be Needed and W

Subject of Possible Rule Making: WAC 468-270-075 and 468-270-077, State Route (SR) 167 high occupancy toll (HOT) Lanes and I-405 express toll lanes (ETL) toll rates. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 47.56.850 , 47.56.880 , 47.56.884 , 47.56.886 , 47.56.888 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Per RCW 47.56.880 , the Washington state transportation commission (WSTC), as the state tolling authority, must consider toll

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend the following WAC sections and other related rules as may be required: WAC 388-412-0025 How do I receive my benefits?, 388-450-0162 How does the department count my income to determine if my assistance unit is eligible and how does the department calculate the amount of my cash and basic food benefits?, 388-450-0165 Gross earned income limit for TANF/SFA, 388-450-0200 Will the medical expens

Subject of Possible Rule Making: WAC 260-32-180 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 is considering adopting the ARCI model rule regarding amending jockey fees during the race meet. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the decision to adopt the new rule and formulation of t

Subject of Possible Rule Making: WAC 260-08-675 Hearing before the commission. 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 may need to clarify the commission's authority to amend penalties imposed by the stewards upon appeal. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the decision to adopt th

Subject of Possible Rule Making: WAC 260-48-960 Handicapping contests. 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 is considering changing the percent of entry fees distributed as prizes to the winners. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the decision to adopt the new rule and formulat

Subject of Possible Rule Making: WAC 260-52-040 Post to finish. 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 is considering adopting the "Category 1" disqualification rule. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before

Subject of Possible Rule Making: The department is planning to amend WAC 388-450-0185 What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?, 388-450-0190 How does the department figure my shelter cost income deduction for basic food?, 388-450-0195 Does the department use my utility costs when calculating my basic food or WASHCAP benefits?, and 388-478-0060 What are the income limits and maximum benefit amounts

Subject of Possible Rule Making: Chapter 388-850 WAC and other related rules as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71A.12.030 , 71A.12.120 , and 71A.14.050 . 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: Increase the percentage of a county's allocated funds for county administrative expenses; remove text that duplicates requi

Subject of Possible Rule Making: WAC 458-61A-201 Real estate excise tax — Gifts. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 82.01.060 (2), 82.32.300 , 82.45.150 , and 82.45.010 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 82.45.010 (3)(a) exempts gifts from the real estate excise tax (REET). The purpose of this rule-making effort is to further clarify this existing gift exemption rule by also expanding upon situations where an int

Subject of Possible Rule Making: WAC 388-825-206 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 repeal WAC 388-825-206 and write a new chapter of rules for enhanced respite services. During the course of this review, the department may make additional changes

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: Clarification and refinement of WAC to align with state law and update procedures. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable. Process for Developing New Rule: Negotiated rule making. Interested parties c

Subject of Possible Rule Making: Repeal of WAC 230-03-155 Submitting a proposed plan of operations for charitable and nonprofit organizations. 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: The commission has not received an application for large bingo operations in the last 20 years. Other rules already exist imposing additional reporting requirements on charitable and nonprofit organ

Subject of Possible Rule Making: The gambling commission (commission) is considering a petition to amend several rules related to the conduct of raffles. The commission also has an interest in adding some requirements to some of the raffle rules. The rules under consideration for amendment include: WAC 230-11-065 Raffle prizes, 230-11-067 Requesting commission approval prior to offering raffle prizes exceeding $40,000 per prize or $300,000 in a license year, 230-11-075 Limit number of guests for

Subject of Possible Rule Making: Updates and amendments to chapter 194-24 WAC to reflect new versions of Environmental Protection Agency (EPA) EnergyStar standards for electric vehicle supply equipment (EVSE) and residential ventilating fans, and to remove state efficiency standards for air purifiers in light of new federal standards. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.260.040 (1). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish:

Subject of Possible Rule Making: WAC 182-513-1110 Presumptive eligibility (PE) — Long-term services and supports (LTSS) in a home setting or in an alternate living facility (ALF) authorized by home and community services (HCS); 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 182-513-1110

Subject of Possible Rule Making: The following rules in the working connections and child care subsidy programs of the early learning division are being amended: WAC 110-15-0005 Eligibility, 110-15-0024 Categorical eligibility for families receiving child protective, child welfare, or family assessment response services, 110-15-0045 Approved activities for applicants and consumers not participating in WorkFirst, and 110-15-0075 Determining income eligibility and copayment amounts; other related

Subject of Possible Rule Making: Factory assembled structures (FAS) rules; chapter 296-49A WAC, Director's factory assembled structures advisory board; chapter 296-150P WAC, Recreational park trailers; and chapter 296-150R WAC, Recreational vehicles. Statutes Authorizing the Agency to Adopt Rules on this Subject: HB 1514, chapter 78, Laws of 2023; SB 5089, chapter 36, Laws of 2023; including chapters 43.22 and 43.22A RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomp

Subject of Possible Rule Making: Revising WAC 139-05-242 and 139-10-222 to remove the 24-month suspension and replace it with an indefinite termination that may only be waived by the executive director or designee. 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: The rule change will cause the Washington state criminal justice training commission (WSCJTC) to require recruits removed fr

Subject of Possible Rule Making: The purpose of this rule making is to consider possible revisions to chapter 480-100 WAC given investor-owned utilities' (IOUs) obligations under the Climate Commitment Act (CCA), codified as chapter 70A.65 RCW. This rule making is being initiated in the context of a pending workshop docket, Docket U-230161, at the utilities and transportation commission (commission). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040 , 80.04.160 , and

Subject of Possible Rule Making: Military spouse temporary practice permits; WAC 246-918-076 (physician assistants) and 246-919-397 (physicians), How to obtain a temporary practice permit — Military spouse. The Washington medical commission (commission) will consider amending these WAC in response to 2SHB 1009 (chapter 165, Laws of 2023), Military Spouse Employment Act. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.71.017 and 18.130.050 ; 2SHB 1009 (chapter 165, Laws of

Subject of Possible Rule Making: The department of ecology (ecology) is considering amendments to chapter 173-446 WAC to address new and revised cap and invest offset protocols. Offsets are projects or programs designed to reduce the amount of greenhouse gases (GHGs) in the atmosphere. In Washington's cap-and-invest program, offset projects must also provide direct environmental benefits to our state. Offsets allow businesses to balance out the negative impacts of their emissions by funding a pr

Subject of Possible Rule Making: The university is updating the rules regarding health and safety regulations, chapter 504-36 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.30.150 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed amendments modify, clarify, and update the health and safety rules in accordance with current practice. Process for Developing New Rule: Reviewed internally at many levels before proposal. Intere

Subject of Possible Rule Making: Chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations; good faith and fair dealing. Statutes Authorizing the Agency to Adopt Rules on this Subject: SHB 1521, chapter 293, Laws of 2023. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 1521 adds a new section to chapter 51.14 RCW, which explicitly requires the department of labor and industries (L&I) to "adopt by rule additional applications of the duty of

Subject of Possible Rule Making: Animal health care tasks for and supervision of veterinary technicians and veterinary medication clerks. The veterinary board of governors (board) is considering updates and revisions to WAC 246-935-050 Animal health care tasks, 246-935-040 Responsibilities of a veterinarian supervising a licensed veterinary technician or unregistered assistant, 246-935-010 Definitions (veterinary technicians), and 246-937-010 Definitions (registered veterinary medication clerks)

Subject of Possible Rule Making: WAC 139-03-070 and 139-06-070 to update the burden of proof and make clear the requirements and responsibilities of the hearing process in regards to the office of administrative hearing, the Washington state criminal justice training commission, and the respondent. 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 required to n

Subject of Possible Rule Making: Pharmacy registration for mobile opioid treatment program units. The pharmacy quality assurance commission (commission) is considering amending WAC 246-945-060 and 246-945-250 and adding new sections in chapter 246-945 WAC to exempt mobile opioid treatment program (OTP) units from having to obtain separate registrations, as long as they are covered under the OTP site's controlled substance registration, and to develop more comprehensive facility requirements for

Subject of Possible Rule Making: The department is planning to amend WAC 388-444-0030 Are able-bodied adults without dependents (ABAWD) subject to additional work requirements and time limits to be eligible for basic food? and 388-444-0035 Who is exempt from ABAWD time limits and minimum work requirements?; and other related rules as appropriate. 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.

Subject of Possible Rule Making: The department of social and health services (DSHS) is planning to amend WAC 388-60B-0015 What definitions apply to this chapter?, 388-60B-0025 What is the purpose of this chapter?, 388-60B-0120 Facility requirements — What facility requirements must a program meet for the space where domestic violence intervention assessments or treatment services are provided?, 388-60B-0125 Quality management — What are the minimum treatment outcomes for participants and how mu

Subject of Possible Rule Making: WAC 110-148-1326 Can I get a license to care for a specific child, and what are the requirements?, and other related rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.15.125 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 110-148-1326 does not currently give department of children, youth, and families the authority to issue child-specific licenses to an Indian child's family or extended family memb

Subject of Possible Rule Making: Removing postgraduate medical training barriers to licensing; WAC 246-919-330 Postgraduate medical training. The Washington medical commission (commission) is considering amending WAC 246-919-330(4) to remove two requirements that have become a barrier to licensure. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.71.017 and 18.130.050 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission is conside

Subject of Possible Rule Making: WAC 308-56A-525 Vehicle seller's report of sale. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.01.110 Rule-making authority, and 46.12.650 Releasing interest — Reports of sale — Transfer of ownership — Requirements — Penalty, exceptions. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SB 5282 authorizes licensed vehicle dealers to file reports of sale on behalf of customers who sell, trade in, or otherwise

Subject of Possible Rule Making: Chapter 132L-117 WAC, Parking and traffic regulations. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW; and RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The existing parking and traffic regulations were outdated. Necessary changes were needed to reflect actual processes and procedures. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating t

Subject of Possible Rule Making: Similar compensated relationship for the purpose of retirees returning to work. 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 definition of "similar compensated relationship" as it applies to retirees returning to work while continuing to qualify for pension benefits. Process for Developing New Rule: Agency study. Interested parties can

Subject of Possible Rule Making: WAC 182-513-1100 Definitions related to long-term services and supports (LTSS); 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 182-513-1100 to define intensive behavioral health treatment facility (IBHTF) as a residential treatment facility licensed under

Subject of Possible Rule Making: Chapter 212-90 WAC, Fire protection sprinkler fitters. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 18.270 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to WAC 212-90-018, 212-90-093, and 212-90-205 are needed to coincide with legislative changes to RCW 18.270.020 and 18.270.070 that amended changes to the certification requirements, which will become effective January 1, 2024. A change is

Subject of Possible Rule Making: Chapter 212-80 WAC, Fire protection sprinkler system contractors. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.160.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to WAC 212-80-073 and 212-80-215 are needed to coincide with legislative changes to chapter 18.160 RCW that amended changes to the licensing fees and the enforcement and fines for a contractor who commits an infraction, which will b

Subject of Possible Rule Making: WAC 182-509-0220 Washington apple health — How resources are considered, 182-519-0050 Monthly income and countable resource standards for medically needy (MN); 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 182-509-0220 to specify that medicare savings pr

Subject of Possible Rule Making: The department of children, youth, and families (DCYF) is updating rules in Title 110 WAC concerning training requirements for health and safety topics in child care and early learning programs, including requirements concerning first aid and CPR certification. Revisions will be made to chapters 110-300 and 110-301 WAC, and other related rules. These changes are being taken pursuant to a petition received by the agency on July 13, 2023. Statutes Authorizing the A

Subject of Possible Rule Making: The department of children, youth, and families (DCYF) is updating administrative rules in chapter 110-30 WAC and other relayed [related] rules that govern its authority and processes for investigating referrals of alleged child abuse or neglect. These changes are being taken pursuant to chapter 441, Laws of 2023 (ESSB 5515), which amended RCW 26.44.210 . Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 26.44 RCW; RCW 74.13.031 , 74.04.050

Subject of Possible Rule Making: WAC 182-550-2600 Inpatient psychiatric services; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 ; 2SSB 5103, 68th legislature, 2023 regular session. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending this section to replace outdated terms such as "residential support network (RSN)" and "mental health designee,"

Subject of Possible Rule Making: Physicians and physician assistants general provision for opioid prescribing and tapering rules. The Washington medical commission (commission) is considering amending the following rules to modernize the language, add clarity, and bring the rules more in line with current practice: WAC 246-918-801 (physician assistants) Exclusions, 246-918-845 (physician assistants) Patient evaluation and patient record — Subacute pain, 246-918-855 (physician assistants) Patient

Subject of Possible Rule Making: Athletic trainers and medications in chapter 246-916 WAC, Athletic trainers. The department of health (department) and the athletic training advisory committee (committee) are proposing to create a new section in the athletic trainer rules in response to SHB 1275 (chapter 143, Laws of 2023). Rule making is necessary to clarify that athletic trainers are not permitted to purchase, store, or administer controlled substances, and to clarify training requirements for

Subject of Possible Rule Making: WAC 182-531-0200 Physician-related and health care professional services requiring prior authorization, 182-531-0375 Audiology services, 182-547-0850 Coverage — Clients age twenty-one and older; 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 revising these rules to in

Subject of Possible Rule Making: WAC 182-517-0100 Federal medicare savings programs; other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 ; section 211(84), chapter 475, Laws of 2023. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The health care authority (agency) is amending WAC 182-517-0100 to increase the eligibility threshold for certain medicare savings programs. During this review, th

Subject of Possible Rule Making: Behavioral health agency (BHA) regulations as they relate to opioid treatment programs (OTPs). The department of health (department) is considering amending the BHA regulations related to OTPs in chapter 246-341 WAC including, but not limited to, WAC 246-341-0342, 246-341-1000, 246-341-1005, 246-341-1010, 246-341-1015, 246-341-1020, and 246-341-1025 to address general cleanup, incorporate input from partners and interested parties to clarify OTP regulations, remo

Subject of Possible Rule Making: Allowing virtual training for point injection therapy for acupuncture and Eastern medicine. The department of health (department), in consultation with the acupuncture and Eastern medicine advisory committee, is considering amending WAC 246-803-040 Education and training for point injection therapy, to allow the 16 hours of didactic education to occur through webinar or other online or distance learning methods. There may be other changes needed for clarity due t