Preproposals

Subject of Possible Rule Making: Chapter 51-51 WAC, amendments to the 2021 International Residential Code related to family home child care. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.27.031 , 19.27.074 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington department of children, youth, and families (DCYF) has altered chapter 43.216 RCW allowing for a waiver to increase the allowable number of children within a home child car

Subject of Possible Rule Making: WAC 446-65-010 Transportation requirements. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.32.020 and 46.48.170 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 446-65-010(1) needs to be amended to bring the C.F.R.s adopted by reference current to October 1, 2021. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington Association

Subject of Possible Rule Making: Chapter 181-79A WAC, military servicemembers or spouse licensure. 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: Compliance with newly adopted federal licensing guidelines for military servicemembers or their spouses. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicab

Subject of Possible Rule Making: Chapter 181-78A WAC, existing approved programs. 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: Changing the review cycle for educator preparation programs to ensure time for educator preparation programs to incorporate state requirements meaningfully. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rul

Subject of Possible Rule Making: Establishing new sections for fees in chapters 139-30, 139-33, and 139-35 WAC, and amending WAC to update language regarding internal processes and the charging of fees. 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: To update agency rules regarding the aforementioned rules, fees, and processes. Other Federal and State Agencies that Regulate this Subj

Subject of Possible Rule Making: The employment security department (department) is engaging in rule making regarding the declaration and ending of public health emergencies during a benefit week. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040 provide general rule-making authority to the department. RCW 50.20.010 defines benefit eligibility conditions for unemployment benefits. Reasons Why Rules on this Subject may be Needed and What They Might Accomp

Subject of Possible Rule Making: Dental provider health equity continuing education requirements. The dental quality assurance commission (commission) is considering amending WAC 246-817-440 Dentist continuing education requirements and 246-817-445 Dental anesthesia assistant continuing education requirements, to adopt the health equity continuing education (CE) model rules, WAC 246-12-800 through 246-12-830, to comply with RCW 43.70.613 . The commission will also consider whether additional CE

Subject of Possible Rule Making: Access to life-saving medication during emergencies in group care settings and other related rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 13.34 and 74.13 RCW; RCW 74.15.030 (2), 74.15.311 (2), 74.13.032 , 13.04.011 , 74.13.020 , 13.34.030 , 74.13.031 , 13.34.145 , 74.15.311 , 74.15.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of children, youth, and families needs to amend

Subject of Possible Rule Making: The purpose of this proposal is to implement school employees benefits board (SEBB) policy resolutions and make other technical amendments. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 ; and SEBB policy resolutions. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The authority is reviewing multiple sections within chapters 182-30 and 182-31 WAC that may require SEBB policy resolutions

Subject of Possible Rule Making: Enrollment, eligibility, and appeals rules in chapters 182-30, 182-31, and 182-32 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The authority is reviewing multiple sections within chapters 182-30, 182-31, and 182-32 WAC to support the school employees benefits board program. Other Federal and State Agencies that Regulate this Subjec

Subject of Possible Rule Making: The purpose of this proposal is to implement public employees benefits board (PEBB) policy resolutions and make other technical amendments. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 ; and PEBB policy resolutions. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The authority is reviewing multiple sections within chapters 182-08 and 182-12 WAC that may require PEBB policy resolutions

Subject of Possible Rule Making: Enrollment, eligibility, and appeals rules in chapters 182-08, 182-12, and 182-16 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 and 41.05.160 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The authority is reviewing multiple sections within chapters 182-08, 182-12, and 182-16 WAC to support the PEBB program. Other Federal and State Agencies that Regulate this Subject and the Process Coordinat

Subject of Possible Rule Making: WAC 4-30-022 What is the board's meeting schedule and how are officers elected? Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.04.055 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The intent of this rule change is to provide guidance for resignations, vacancies, and removal of board officers. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agen

Subject of Possible Rule Making: Retiree return to work rules for some public employees' retirement system (PERS), teachers' retirement system (TRS), and school employees' retirement system (SERS) retirees. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.32.570 , 41.32.802 , 41.32.862 , 41.35.060 , and 41.40.037 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To support the implementation of HB [ESHB] 1699 - 2021-22, which creates addition

Subject of Possible Rule Making: WAC 246-980-100 Examination and reexamination for home care aide certification, in chapter 246-980 WAC, Home care aide rules. The department of health (department) is considering amending WAC 246-980-100 to: (1) Update the home care aide examination process; (2) consider whether the examination must be completed within a certain time period after completing training; and (3) address any other issues identified by the department or interested parties. The departme

Subject of Possible Rule Making: Chapter 246-490 WAC, Vital statistics and chapter 246-491 WAC, Vital statistics — Certificates. The department of health (department) is considering amending and repealing existing rules and creating new rules related to vital records. The rules may establish registration and amendment requirements for vital records; update or add program processes to align with statutory changes; adopt fees associated with amendment and delayed birth applications; add or adjust

Subject of Possible Rule Making: WAC 246-282-990 Fees, sanitary control of shellfish. The department of health (department) is considering amending the fees to cover the operational costs of the shellfish program. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.110 and 43.70.250 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Per RCW 43.70.250 , the secretary of health (secretary) shall, from time to time, establish the amount of all ap

Subject of Possible Rule Making: WAC 246-254-053 Radiation machine facility fees. The department of health (department) is considering amending registration and tube fees to cover operating costs. This may include updating or restructuring existing fees or creating new fees. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.70.110 and 43.70.250 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Per RCW 43.70.250 , the secretary of health (secre

Subject of Possible Rule Making: Sex offender treatment provider health equity continuing education rules. The department of health (department) is considering amending WAC 246-930-410 Continuing education requirements, to adopt the health equity continuing education (CE) model rules, WAC 246-12-800 through 246-12-830, to comply with RCW 43.70.613 and ESSB 5229 (chapter 276, Laws of 2021). The department will also consider whether additional CE hours and course topics should be included. The dep

Subject of Possible Rule Making: Amending and consolidating nursing assistant rules regarding expired licenses, mandatory reporting, and fees. The department of health (department), in consultation with the nursing care quality assurance commission (commission), is considering adopting the requirements of WAC 246-841-520 Expired license, 246-841-720 Mandatory reporting and 246-841-990 Fees in new chapter 246-841A WAC; and repealing WAC 246-841-520, 246-841-720, and 246-841-990, as part of an upd

Subject of Possible Rule Making: Creating new WAC to implement HB [ESHB] 1326 (2021) and RCW 43.101.480 that requires training, exemption from trainings, and the certification of medical examiners, coroners, and medical legal investigators. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.101.080 and 43.101.480 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Establish basic curriculum requirements for certification, establish protocol for n

Subject of Possible Rule Making: Chapter 132H-108 WAC, Practice and procedure and formal hearing rules for contested case hearings. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW; and RCW 28B.50.140 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Housekeeping edits and updates to application process for adjudicative hearings in line with current practices of the college. Process for Developing New Rule: Proposed changes are bei

Subject of Possible Rule Making: WAC 132F-121-010 and 132F-121-110, student activities, rights and discipline. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 , 42.56.040 , 28B.50.090 , and 28B.50.100 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amend WAC to follow the RCW for hazing prevention policy and expanded definitions used, as well as the new state Sam's Law requirements amended in RCW 28B.10.900 from the HB [2SHB] 1751.

Subject of Possible Rule Making: The Washington state liquor and cannabis board (WSLCB) is considering amending, repealing, and creating rule sections in Title 314 WAC as necessary to allow cannabis, vapor, tobacco, and liquor licensees to use cloud storage options instead of physical, on-premises storage for recordkeeping. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.50.342 (cannabis), 70.345.020 (vapor products), 82.24.550 , 82.26.220 (tobacco and cigarettes), and 66.

Subject of Possible Rule Making: Chapter 132H-121 WAC, General conduct. 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: Bellevue College plans to repeal WAC 132H-121-020 Hazing. This change is proposed as updates regarding hazing have been made to chapter 132H-126 WAC, Student conduct code of Bellevue College, to be in compliance with Sam's Law (HB [2SHB] 17

Subject of Possible Rule Making: The department of children, youth, and families (DCYF) wants to amend the definition of Indian child in WAC 110-110-0010. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090 ; chapter 13.38 RCW; and 25 U.S.C. chapter 21. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules are needed for the delivery of child welfare services and, more specifically, for the department to better identify when to apply stat

Subject of Possible Rule Making: Over-the-counter hearing aids. The board of hearing and speech (board) is considering amending WAC 246-828-100 Hearing instruments fitting and dispensing — Minimum standards of practice, to be consistent with the Food and Drug Administration (FDA) finalized rule regarding the sale of over-the-counter hearing aids. The board may also consider clarifying or technical changes as needed. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.35.161 .

Subject of Possible Rule Making: Hearing and speech health equity continuing education. The board of hearing and speech (board) is considering amendments to WAC 246-828-510 Continuing education, and creating new sections to chapter 246-828 WAC to adopt the health equity continuing education (CE) model rules, WAC 246-12-800 through 246-12-830, and to consider whether additional CE hours and course topics should be included. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.35

Subject of Possible Rule Making: The department is reviewing the status of American white pelican (Pelecanus erythrorhynchos) currently classified as protected; shall not be hunted or fished (WAC 220-200-100 and 220-610-110). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.013 , 77.04.055 , 77.12.020 , and 77.12.047 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Based on the information collected and reviewed, the departmen

Subject of Possible Rule Making: Chapter 181-82 WAC, Certificate endorsement and assignment of certified personnel. 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: Update WAC language to more closely align with federal guidance regarding special education qualifications. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Ag

Subject of Possible Rule Making: Chapter 132H-136 WAC, Library media center. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 34.05 RCW; and RCW 28B.50.140 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Bellevue College proposes updates to the current library media center policy 3550 regarding fines. Changes are proposed to comply with SSHB 2513 (this bill prohibits colleges from withholding a student's official transcript for debt collec

Subject of Possible Rule Making: Chapter 246-843 WAC, Nursing home administrators, rules. The board of nursing home administrators (board) is considering amending licensure, licensure renewal, health equity continuing education, and temporary practice permit rules. Specific rules include WAC 246-843-071 Application, 246-843-090 Administrator-in-training program, 246-843-130 Continuing education requirements, and 246-843-231 Temporary practice permits. Statutes Authorizing the Agency to Adopt Rul

Subject of Possible Rule Making: Chapter 132X-60 WAC, student conduct regarding hazing and modification of supplemental Title IX student conduct procedures. Statutes Authorizing the Agency to Adopt Rules on this Subject: Washington state legislature, RCW 28B.10.900 through 28B.10.904 , 28B.50.140 ; Title IX of Education Amendments of 1972. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington state legislature adopted chapter 209, Laws of 2022 (Sam's Law)

Subject of Possible Rule Making: The office of administrative hearings (OAH) is proposing to amend WAC 10-16-010, regarding procedures to complain about improper conduct by an administrative law judge (ALJ). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.020 and 34.12.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule needs to be updated to allow electronic and online complaints, to eliminate current page limits, and to clari

Subject of Possible Rule Making: WAC 132U-122-010. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13), 28B.10.293 ; 20 U.S.C. § 1092(f). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Whatcom Community College is implementing edits to WAC 132U-122-010 to be in compliance with SSHB [2SHB] 2513. The update to this WAC will prohibit the institution from withholding academic transcripts due to unpaid debt. Other Federal and State Agen

Subject of Possible Rule Making: WAC 132U-121-035. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13); 20 U.S.C. § 1092(f). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The college is required by the passing of HB [2SHB] 1751 to update definitions of hazing and make revisions to WAC 132U-121-035 to fit this new definition. The updated WAC also includes information for new programs and procedures in an effort to promote an antiha

Subject of Possible Rule Making: WAC 132U-126-005 Statement of jurisdiction, 132U-126-010 Definitions, 132U-126-030 Prohibited student conduct, and 132U-126-040 Sanctions. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13); 20 U.S.C. § 1092(f). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Whatcom Community College is required by HB [2SHB] 1751 to comply with a new definition of hazing and make revisions to the student code of co

Subject of Possible Rule Making: WAC 308-33-105 Employment agency fees. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.24.086 Fee policy for professions, occupations, and businesses — Determination by rule. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is required to set fees for each professional, occupational, or business licensing program at a sufficient level to defray the costs of administering that program. Current fe

Subject of Possible Rule Making: Timeshare fee increases under WAC 308-127-160 Fees. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.24.086 Fee policy for professions, occupations, and businesses — Determination by rule. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is required to set fees for each professional, occupational, or business licensing program at a sufficient level to defray the costs of administering that progra

Subject of Possible Rule Making: Standards for determining when documents cannot be filed and must be rejected by county recording offices throughout Washington. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 65.24.040 , 40.14.020 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington legislature tasked the office of the secretary of state with creating and appointing a recording standards commission under RCW 65.24.040 . The recordi

Subject of Possible Rule Making: The gambling commission will review and adjust license fees for three different types of sports wagering vendors: (1) Major sports wagering vendor, providing integral sports wagering goods or services; (2) mid-level sports wagering vendor, providing services or equipment related to data, security, and integrity; and (3) ancillary sports wagering vendor, providing necessary sports wagering support services. Statutes Authorizing the Agency to Adopt Rules on this Su

Subject of Possible Rule Making: Chapter 172-121 WAC, Student conduct code. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.35.120 (12). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Update Eastern Washington University's student conduct code's procedures for investigations and full hearings. Process for Developing New Rule: Negotiated rule making. Interested parties can participate in the decision to adopt the new rule and formulation of

Subject of Possible Rule Making: The gambling commission is reviewing its licensing fees to ensure that they are sufficient to cover the agency's costs of licensing, regulation, and enforcement in the coming years. 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: Although the gambling industry has largely recovered from a significant contraction due to the COVID-19 pandemic, the number o

Subject of Possible Rule Making: WAC 246-840-220 and other relevant continuing education (CE) rule sections in chapter 246-840 WAC. The nursing care quality assurance commission (commission) is considering adopting the health equity continuing education model rules, WAC 246-12-800 through 246-12-830, to comply with RCW 43.70.613 . The commission will also consider whether additional CE hours and course topics should be included. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW

Subject of Possible Rule Making: The department is considering amending rules to allow mobile license purchases and electronic harvest reporting. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.12.047 , 77.32.090 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Revisions will clarify the process for possession and compliance with licensing and harvest reporting requirements through the use of paper or electronic documentation. P

Subject of Possible Rule Making: The securities division is considering proposing to amend chapter 460-80 WAC to formally adopt the statement of policy regarding the use of franchise questionnaires and acknowledgments (statement of policy) promulgated by the North American Securities Administrators Association, Inc. (NASAA). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.100.250 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On September

Subject of Possible Rule Making: Revision to WAC 352-78-020, rule changes to definitions, and 352-78-090 How do the boater education program requirements affect rental operators and liveries? Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 79A.05.3[1]0(3). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 352-78-090 needs clarification and definitions updated to address peer-to-peer boat rental. Process for Developing New Rule: Agency study.