Adoptions

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of the adopted rules is to update the rules regarding timelines, procedures, and content for new apprenticeship program applications as detailed in chapter 296-05 WAC. The Washington state legislature passed E2SSB 5600 during the 2022 legislative session, which adds a sustainability assessment requirement to all new apprenticeship program applications. The Washington state apprenticeship and training council (WSATC) now m

Effective Date of Rule: Thirty-one days after filing. Purpose: The revision to the rules listed below will set the 2023 hunting season setting. Landowner Hunting Permits (LHP): The LHP revision will address one landowner, the Centralia Mine. The primary purpose of this rule change is to move away from narrow harvest seasons that require annual adjustments to WAC 220-412-100 to broader season time frames based on the landowner's staff availability. Additionally, due to the landscape conditions, t

Effective Date of Rule: October 1, 2023. Purpose: Washington's lottery is adding a new chapter to Title 315 WAC to create rules for a new draw game known as Cash Pop. This game has proven to be successful in other states and could help lottery achieve its statutory mandate to "produce the maximum amount of net revenues for the state …" Rules are necessary to inform the public how the game is played, odds, ticket price, prize structure, etc. Citation of Rules Affected by this Order: New chapter 3

Effective Date of Rule: Thirty-one days after filing. Purpose: Updates Eastern Washington University's student conduct code to identify the process for investigating non-Title IX complaints, provide for separate prehearing conferences, and clarify the standards for admission of and review of evidence. Citation of Rules Affected by this Order: Amending WAC 172-121-100, 172-121-110, and 172-121-122. Statutory Authority for Adoption: RCW 28B.35.120 (12). Adopted under notice filed as WSR 23-07-013

Effective Date of Rule: Thirty-one days after filing. Purpose: The new and amended rules will allow for the purchase of chips using debit cards. In addition to changing the rule related to the process for selling and redeeming chips, rule amendments are necessary to define debit card, expand the definition of "gambling equipment," set limits on withdrawals, and generally change the way that accounting for table inventory and conducting and concluding the count are done and recorded. Citation of

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (HCA) is amending WAC 182-531-1400(6) to update the requirements in subsection (6)(a) with a cross-reference to WAC 182-538D-0200 and to align requirements for professionals treating children with RCW 71.34.020 and WAC 182-538D-0200. Citation of Rules Affected by this Order: Amending WAC 182-531-1400. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 , and 71.34.020 . Adopted under notice filed as

Effective Date of Rule: Thirty-one days after filing. Purpose: The proposed rule amendments adjust license fees paid by charitable or nonprofit organizations, commercial stimulant organizations, sports wagering vendors, and other businesses. The adjustments are necessary to ensure that the fees reflect the commission's costs of licensing, regulation, and enforcement. Citation of Rules Affected by this Order: Amending WAC 230-05-160, 230-05-165, and 230-05-170. Statutory Authority for Adoption: R

Effective Date of Rule: Thirty-one days after filing. Purpose: The pharmacy quality assurance commission (commission) adopted new sections in chapter 246-945 WAC for the implementation of SSB 6526 (chapter 264, Laws of 2020), an act relating to the reuse and donation of unexpired prescription drugs passed by the 2020 Washington state legislature. SSB 6526 permits the department of corrections (DOC) pharmacy to accept returns of prescription drugs in unit dose packages. The law also allows the co

Effective Date of Rule: Thirty-one days after filing. Purpose: Under current rules, the formula for determining each political subdivision's fees contain gaps that create ambiguity. The fees also do not increase smoothly as expenditures rise under the current formula. Finally, the cap on fees has not been updated since 2004, despite the growth in expenditures. As a result, political subdivisions with greater expenditures pay a lower proportion in fees compared to political subdivisions with less

Effective Date of Rule: July 1, 2023. Purpose: The paid family and medical leave (PFML) program (Title 50A RCW) is adopting rule amendments to provide additional clarity and improve program operations. The adopted amendments add a new data field to employer quarterly reports to include employees' dates of birth and require a report of "no payroll" for up to a maximum of eight quarters when employers have no paid wages to report. The amendments will affect both PFML and the long-term services and

Effective Date of Rule: June 16, 2023. Purpose: The rule changes have several purposes and anticipated effects: (1) Several minor changes to gain language consistency with the pollution control hearings board rules for ease of comprehension by litigants; (2) clarify electronic filing procedures and remove paper filing. The rule changes will provide procedures for electronic filing via a case management system portal; (3) require the filing of dispositive motions no later than 90 days before the

Effective Date of Rule: June 16, 2023. Purpose: The rule changes will clarify electronic filing procedures and remove fax and paper filing. The rule changes will provide procedures for electronic filing via a case management system portal. The rule changes clarify the presiding officer powers and duties, as well as the purpose of the prehearing conference. Lastly, the rule changes clarify that the board shall dismiss actions upon stipulated dismissal by the parties before entry of a final decisi

Effective Date of Rule: June 16, 2023. Purpose: The rule changes have several purposes and anticipated effects: (1) Clarify electronic filing procedures and remove paper filing. The rule changes will provide procedures for electronic filing via a case management system portal; (2) require the filing of dispositive motions no later than 90 days before the hearing date, allowing more time for the board to consider dispositive issues prior to hearing; (3) clarify what the "date of receipt" means fo

Effective Date of Rule: Thirty-one days after filing. Purpose: Changes need to be made to meet state legislature mandates for HB [2SHB] 2513, which changes a college's ability to withhold services for unpaid debt. Citation of Rules Affected by this Order: Amending WAC 132U-122-010. Statutory Authority for Adoption: RCW 28B.50.143 and 28B.10.293 . Adopted under notice filed as WSR 23-07-111 on March 20, 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Re

Effective Date of Rule: Thirty-one days after filing. Purpose: The existing chapter 132U-126 WAC, Student rights and responsibilities, policy does not meet the HB [2SHB] 1751 guidelines on antihazing. Definitions, sanctions, and commitment to antihazing need to be included. Citation of Rules Affected by this Order: Amending chapter 132U-126 WAC. Statutory Authority for Adoption: RCW 28B.50.140 (13); 20 U.S.C. § 1092(f). Adopted under notice filed as WSR 23-07-110 on March 20, 2023. Number of Sec

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule making is to simplify the process of applying for program modifications and accessibility permits in part by specifying the criteria for the most common special use permits (WAC 220-200-200 through 220-200-230). The changes will reduce barriers that may impede participation by persons with disabilities by streamlining the administrative processes associated with these common requests. The changes will also ensure consistent

Effective Date of Rule: Thirty-one days after filing. Purpose: Revisions to meet requirements recently enacted [in] HB 1752 [2SHB 1751] Sam's Bill [Law]. Citation of Rules Affected by this Order: New WAC 132R-04-061; and amending WAC 132R-04-015, 132R-04-017, and 132R-04-057. Statutory Authority for Adoption: RCW 28B.50.140 . Adopted under notice filed as WSR 23-06-002 on February 16 [15], 2023. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Fed

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending chapter 16-89 WAC to: • Add "Individual" to the definition of official identification; • Add "USDA" to the definition of "APHIS"; • Repeal WAC 16-89-012 Quarantine; • Combine WAC 16-89-015 Scrapie program standards and 16-89-022 Scrapie identification of sheep and goats; • Add "individual" to the official identification requirements when testing for brucellosis and tuberculosis in goats whose raw milk or ra

Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending chapter 16-80 WAC to: • Change the title of the chapter to "Domestic and Feral Swine in Washington State"; • Remove definitions for "Department," "Director," "Exposed," and "Pseudorabies infected herd"; • Update the definition of "Official USDA-approved identification" to reference the January 9, 2013, version of 9 C.F.R Chapter 1, Section 71.19; • Update hyperlinks to standards adopted in WAC 16-80-006 and

Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington state department of agriculture (WDSA) is amending chapter 16-70 WAC to: • Clarify reporting requirements for veterinarians and veterinary laboratories; • Modify the list of reportable diseases by making the list inclusive of all diseases that are required to be reported by WSDA, the World Organisation of Animal Health (WOAH), United States Department of Agriculture, and the Washington state department of health; • Sim

Effective Date of Rule: Thirty-one days after filing. Purpose: Section 5115 of the federal Consolidated Appropriations Act, 2023, amends Section 2404 of the Patient Protection and Affordable Care Act (42 U.S.C. 1396r-5 note) to extend spousal impoverishment protections to September 30, 2027. The agency is amending the rules identified above to replace "September 30, 2023" with "September 30, 2027" to comply with this change in federal law. The agency is also making technical changes to remove or

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending WAC 182-512-0500 to exclude from the calculation of available resources fully and partially paid burial space purchase agreements. The agency is making additional nonsubstantive changes so that the rule is easier to understand and apply. Citation of Rules Affected by this Order: Amending WAC 182-512-0500. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice filed as WSR 23-08-046 o

Effective Date of Rule: Thirty-one days after filing. Purpose: The department recognizes these WAC have not been updated since 2013 and since then, there have been policy and RCW changes that require an update. The department has decided to combine WAC 388-880-056 through 388-880-058 into one WAC. This will help clarify expectations of the senior clinical team and clarify how the special commitment center (SCC) reviews residents whose less restrictive alternative (LRA) status is revoked. WAC 388

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order amends chapter 16-401 WAC, Nursery inspection fees and chapter 16-470 WAC, Quarantine — Agricultural pests. The department of agriculture (department) is restructuring, increasing, and consolidating fees for inspections requested by stakeholders, nursery license fees, nematode laboratory fees, and plant pathology laboratory fees. The department is also revising the language in these chapters to increase clarity

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is correcting cross-references to repealed rules that were inadvertently not corrected at the time those rules were repealed. The agency is deleting WAC 182-508-0001 (3)(d) and 182-509-0001 (2)(d) because the income limit to which they refer ceased to exist on January 1, 2020, and WAC 182-511-1060 was repealed under WSR 19-23-063. The agency is replacing references to WAC 182-513-1305 with references to WAC 182-513-1205 be

Effective Date of Rule: Thirty-one days after filing. Purpose: RCW 82.32.410 (1)(a) provides that the director shall adopt a rule identifying the criteria to be used to decide whether a determination is precedential. This rule making incorporates the criteria into a rule. Citation of Rules Affected by this Order: New WAC 458-20-10005. Statutory Authority for Adoption: RCW 82.32.410 , 82.32.300 . Adopted under notice filed as WSR 23-04-098 on January 31, 2023. Changes Other than Editing from Prop

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is correcting cross-references to a repealed rule and an outdated reference to an agency program. The agency is replacing references to WAC 182-532-0720 with references to chapter 182-532 WAC because that rule was repealed under WSR 19-18-024. The agency is replacing instances of the term TAKE CHARGE with current program terminology, specifically the family planning only programs under chapter 182-532 WAC. Citation of Rule

Effective Date of Rule: Thirty-one days after filing. Purpose: Full veterinary services to low-income households at animal care and control agencies and nonprofit human societies. The veterinary board of governors (board) amended WAC 246-933-501 through 246-933-530 and repealed WAC 246-933-550 authorizing animal care and control agencies and nonprofit humane societies to provide full veterinary services to low-income households. The adopted rule implements SSB 5004 (chapter 142, Laws of 2019), c

Effective Date of Rule: January 1, 2024. Purpose: Rule making is needed to change the increments in which continuing professional education (CPE) credit is earned to tenths of hours instead of half-hour increments after the first hour is earned. Five minutes will constitute one-tenth of a CPE hour based on the 50-minute CPE hour. Citation of Rules Affected by this Order: Amending WAC 4-30-133. Statutory Authority for Adoption: RCW 18.04.055 . Adopted under notice filed as WSR 23-05-023 on Februa

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of all changes is to update references to "temporary permits" to now refer to "temporary license plates." These changes are in accordance with SHB 1790, passed in 2022; temporary plates replace temporary permits as an administrative concept and throughout chapter 46.16A RCW. Citation of Rules Affected by this Order: Amending WAC 308-56A-460, 308-56A-500, 308-96A-260, and 308-94A-035. Statutory Authority for Adoption: RCW

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of children, youth, and families (DCYF) is filing the permanent rules for new chapter 110-302 WAC, Foundational quality standards for outdoor nature-based child care. The new chapter establishes licensing requirements [for] outdoor nature-based child cares. The rules are necessary to implement chapter 304, Laws of 2021, which directed DCYF to license outdoor nature-based child cares. They establish the minimum standard

Effective Date of Rule: July 1, 2023. Purpose: Revise the filing and recording fee surcharge for survey maps to appropriately fund the public land survey office program within the department of natural resources. Citation of Rules Affected by this Order: Amending WAC 332-150-030. Statutory Authority for Adoption: RCW 58.24.070 . Adopted under notice filed as WSR 22-24-013 on November 39 [29], 2022. A final cost-benefit analysis is available by contacting Patrick J. Beehler, 1111 Washington Stree

Effective Date of Rule: June 1, 2023. Purpose: The operating permit program fees, like the other fee programs of the Puget Sound Clean Air Agency (agency) (registration, notice of construction, and asbestos), are designed to recover the costs implementing and administering the program. A significant change to the operating permit fee schedule in Regulation I, Section 7.07 was made one year ago, recognizing the cumulative effects of inflation. Prior to the increase adopted in support of the fisca

Effective Date of Rule: June 1, 2023. Purpose: The notice of construction (NOC) program fees, like the other fee programs of the Puget Sound Clean Air Agency (agency) (registration, operating permit, and asbestos), are designed to recover the costs of implementing and administering the program. A significant change to the NOC fee schedule in Regulation I, Section 6.04 was made two years ago, recognizing the cumulative effects of inflation, along with changes to the complexity and variable nature

Effective Date of Rule: June 1, 2023. Purpose: The registration program fees, like the other fee programs of the Puget Sound Clean Air Agency (agency) (operating permit, notice of construction, and asbestos), are designed to recover the costs [of] implementing and administering the program. The last significant changes to the registration program fee schedule in Regulation I, Section 5.07 were made in 2012. The agency reviews the registration program fee structure annually to determine if the fe

Effective Date of Rule: May 30, 2023. Purpose: The department of licensing (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 fees are insufficient to sustain this program. The department is considering fee increases that would go into effect in summer 2023. This is part of a larger fee increase project which had been proposed to go into effect in the fall of 2022

Effective Date of Rule: May 30, 2023. Purpose: The department of licensing (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 fees are insufficient to sustain this program. The department is considering fee increases that would go into effect in summer 2023. This is part of a larger fee increase and these fees had been proposed to go into effect in the fall of 202

Effective Date of Rule: Thirty-one days after filing. Purpose: Implements Rule 12 and 12.1 of the Commission on Judicial Conduct Rules of Procedure (CJCRP) and repeals chapter 292-10 WAC in its entirety. The CJCRP is the constitutionally-required avenue to establish rules regarding access to commission complaint and administrative records. Case law has established that the Public Records Act, chapter 42.56 RCW, does not apply to the judicial branch. WAC regulations implemented under chapter 42.5

Effective Date of Rule: Immediately upon filing. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 34.05.380 (3)(b) states a rule may become effective immediately upon its filing with the code reviser if the agency finds that "[t]he rule only delays the effective date of another rule that is not yet effective ..." RCW 18.74.500 , Article IX(2), mandates the board of physical therapy (board) to adopt the physical therapy compact commissio

Effective Date of Rule: Thirty-one days after filing. Purpose: The pharmacy quality assurance commission is amending WAC 246-945-162, 246-945-200, and 246-945-205 to align the rules with statutory amendments under ESHB 1551, which repealed the statutory requirement for health care professionals to complete AIDS education and training. Removing this requirement from WAC 246-945-162, 246-945-200, and 246-945-205 will align the rules with the statute and complete the commission's implementation of

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of amending the apprenticeship rules in chapter 296-05 WAC is to allow for flexibility in scheduling of Washington state apprenticeship and training council (WSATC) regular meetings and to allow business to be conducted without interruption when there are circumstances which require the meetings to be rescheduled. Due to scheduling conflicts, the department of labor and industries (L&I) recently had to cancel a WSATC meet

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of the amended rule is to update WAC 296-05-015 (11)(a), which specifies that apprenticeship "programs are not required to use all hours granted by the regulatory section of the department." The amendment clarifies that this is only the case "except when required by statute." This update is necessary because of a recent legislative change that mandates that specific hours must be granted for electrical licensing general j

Effective Date of Rule: May 22, 2023. Purpose: The department of labor and industries (L&I) conducted rule making to better align chapter 296-115 WAC, Safety requirements for charter boats, with chapter 88.04 RCW, the Charter Boat Safety Act, United States Coast Guard (USCG) requirements under Title 46 C.F.R.; and chapter 49.17 RCW, the Washington Industrial Safety and Health Act. The adopted amendments also address items from an audit of the charter boat program. Additionally, this rule making

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of social and health services (DSHS) is adopting amendments to WAC 388-454-0006 The department makes background checks on adults who are acting in place of a parent without court-ordered custody. These amendments clarify eligibility requirements for TANF and state family assistance " in loco parentis " households and outline DSHS responsibilities when supporting these families. Citation of Rules Affected by this Order:

Effective Date of Rule: Thirty-one days after filing. Purpose: WAC 246-500-055. The state board of health (board) adopted amendments to WAC 246-500-055 to clarify rule language in subsection (2)(f) and Table 500-A, and to correct a typographical error in subsection (2)(b) without changing the rule's effect. Minimal housekeeping changes were also made to subsections (2)(c) and (d), and (4). WAC 246-500-055 establishes the requirements that natural organic reduction facilities (NOR) must meet for

Effective Date of Rule: April 11, 2023. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule permanently adopts requirements currently covered under the emergency rule filed on December 13, 2022, as WSR 23-01-038. The emergency rule will expire on April 12, 2023. The earlier adoption date is needed for the permanent rule to ensure there is not a gap in coverage of the regulations and for preservation of public health, safety, and welf

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of licensing has received a petition from a limousine services company requesting that the agency revise rules to allow for inclusion of modern vehicle sizes. The agency is conducting rule making on WAC 308-83-010 to decrease the wheelbase requirement for executive sedans and SUVs, which will allow a greater range of modern vehicle sizes. Decreasing the capacity of executive vans for number of passengers behind the dri