Adoptions

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is removing subsections (1) and (2) regarding payment for services covered by medicare. The revised rule replaces these subsections with a reference to the agency's general rules for medicare coinsurance, payments, and deductibles in WAC 182-502-0110, consistent with federal requirements. Citation of Rules Affected by this Order: Amending WAC 182-543-8200. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopt

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule-making order amends the following subsections of WAC 399-80-010 Broadband service expansion grant and loan program: • Subsections (4)(a) and (b) and (5): Enabling and creating a preapplication process for the broadband program. • Subsection (5)(o): Updating the application requirements to broadband providers and removing previous contract requirements. • Subsections (7)(a), (b), and (c): Requiring the public works broad [bo

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this proposal is to repeal WAC 458-12-030 County appraisers' salary and classification plan, because it is outdated, as the department of revenue does not perform the functions listed in the rule. WAC 458-12-035 Standard forms, is being amended to streamline the process for county assessors and county treasurers when updating forms normally provided by the department of revenue. Citation of Rules Affected by this Order

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of the changes to the shared leave rules, applicable to school district staff and educational service district staff, is to align with current language in RCW 41.04.650 through 41.04.671 . The statutes concerning shared leave were amended by the Washington state legislature via HB 2739 (2020). Citation of Rules Affected by this Order: Amending WAC 392-136A-020, 392-136A-030, 392-136A-040, 392-136A-045, 392-136A-075. Statu

Effective Date of Rule: April 1, 2023. Purpose: The purpose of this rule adoption is to implement requirements of 2022's ESHB 2076 concerning rights and obligations of transportation network company (TNC) drivers and transportation network companies. This new law provides workers' compensation insurance coverage to TNC drivers during dispatch platform time and passenger platform time, among other rights and protections. Drivers previously exempt from workers' compensation coverage will be covere

Effective Date of Rule: Thirty-one days after filing. Purpose: The 2022 legislative session amended RCW 51.28.040 Application for change in compensation, by passing SHB 1902. As a result of the legislation, WAC 296-20-097 Reopenings, needed amending to be consistent with the change in the statute. Based on the legislation passed in 2022 adjusting the number of days prior to receipt of a reopening application for workers' compensation claim, the department or self-insured employer can consider se

Effective Date of Rule: July 1, 2023. Purpose: This rule making adopts amendments to the qualifications for journey level electrician examinations under WAC 296-46B-945. Amendments to this rule are required to implement SSB 6126 (chapter 249, Laws of 2018). SSB 6126 enacted apprenticeship requirements for journey level electrician examination candidates that take effect July 1, 2023. SSB 6126 gives the department of labor and industries (L&I) the authority, until July 1, 2025, to permit applican

Effective Date of Rule: Thirty-one days after filing. Purpose: The proposed amendment adds a provision allowing the office of minority and women's business enterprises (OMWBE) to waive processing fees for businesses applying for certification. This change will give OMWBE the flexibility to waive fees to promote certification and reduce barriers for businesses, increasing the number of certified minority- and women-owned businesses in Washington. Citation of Rules Affected by this Order: Amending

Effective Date of Rule: Thirty-one days after filing. Purpose: Chapter 246-71 WAC, Medical marijuana authorization database and chapter 246-72 WAC, Medical marijuana consultant certificate. The department of health (department) has adopted rule revisions to replace the term "marijuana" with "cannabis" in response to passage of 2SHB 1210 (chapter 16, Laws of 2022). The department has adopted other clarifying changes such as changing terms such as "gender," citations, and spellings throughout both

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of these amendments is to expand enhanced case management program (ECMP) capacity and clarify appeal rights regarding enrollment onto the ECMP caseload. Citation of Rules Affected by this Order: New WAC 388-829B-600; and amending WAC 388-829B-200, 388-829B-300, and 388-829B-400. Statutory Authority for Adoption: RCW 71A.12.030 . Other Authority: RCW 71A.12.320 and chapter 43.382 RCW. Adopted under notice filed as WSR 23-0

Effective Date of Rule: Thirty-one days after filing. Purpose: Pierce College is utilizing the rule-making process to update the student conduct code (chapter 132K-135 WAC) in order to be in compliance with HB [2SHB] 1751 regarding hazing. Citation of Rules Affected by this Order: Amending WAC 132K-135-040 and 132K-135-070. Statutory Authority for Adoption: RCW 28B.50.140 (13). Adopted under notice filed as WSR 22-24-083 on December 5, 2022. Changes Other than Editing from Proposed to Adopted Ve

Effective Date of Rule: Thirty-one days after filing. Purpose: Pierce College is utilizing the rule-making process to update the student conduct code (chapter 132K-135 WAC) in order to be in compliance with the United States Department of Education federal rules regarding Title IX. Citation of Rules Affected by this Order: Amending WAC 132K-135-360 and 132K-135-380. Statutory Authority for Adoption: RCW 28B.50.140 (13). Adopted under notice filed as WSR 22-24-082 on December 5, 2022. Changes Oth

Effective Date of Rule: Thirty-one days after filing. Purpose: The Spokane Regional Clean Air Agency (SRCAA) removed marijuana producers and processors from the agency annual registration program. Amendments included removing marijuana producers and processors from the source category list in Article IV, Section 4.04(A); removing marijuana producers and processors from the notice of construction exemption list in Article V, Section 5.02(I); and citing updates in Article X, Section 10.15 (A) and

Effective Date of Rule: Thirty-one days after filing. Purpose: The proposed rule changes reflect statutory and procedural updates to the administration of the heating oil insurance program. Citation of Rules Affected by this Order: Amending chapter 374-70 WAC. Statutory Authority for Adoption: RCW 70A.330.040 . Adopted under notice filed as WSR 22-03-035 [22-21-049] on January 11 [October 11], 2022. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0;

Effective Date of Rule: March 6, 2023. Purpose: This action is to revoke the ban on recreational fires in the cities of Lacey, Olympia, and Tumwater. Citation of Rules Affected by this Order: Amending ORCAA Regulations Rules 6.2.7 and 6.2.8. Statutory Authority for Adoption: Chapter 70A.15 RCW. Adopted under notice filed as WSR 22-24-015 on November 29, 2022. Date Adopted: January 11, 2023. Jeff C. Johnston Executive Director AMENDED SECTION Rule 6.2.7 Recreational Burning The following burn pra

Effective Date of Rule: April 1, 2023. Purpose: WAC 246-338-990 Fees. The department of health is adopting amendments to WAC 246-338-990 that will increase initial and renewal fees for medical test sites. Citation of Rules Affected by this Order: Amending WAC 246-338-990. Statutory Authority for Adoption: RCW 43.70.250 , 70.42.090 . Adopted under notice filed as WSR 22-21-125 on October 18, 2022. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Fe

Effective Date of Rule: Thirty-one days after filing. Purpose: Rule making is needed for WAC 4-30-040, 4-30-042, 4-30-044, 4-30-046, 4-30-048, 4-30-050, 4-30-052, 4-30-054, 4-30-056, and 4-30-058 to: (1) Simplify the rules by paralleling the rules with the AICPA Code of Professional Conduct (ACIPA Code) and specifically listing any exceptions to the AICPA Code; and (2) rename the rules (with the exception of WAC 4-30-050). The board of accountancy proposes repealing WAC 4-30-051 as the informati

Effective Date of Rule: Thirty-one days after filing. Purpose: Rule making is needed to reorganize the ethics and prohibited practice rule sections for clarity. Citation of Rules Affected by this Order: New WAC 4-30-045 and 4-30-049. Statutory Authority for Adoption: RCW 18.04.055 . Adopted under notice filed as WSR 22-23-045 on November 8, 2022. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repeale

Effective Date of Rule: April 1, 2023. Purpose: Rule making is needed to change the number of college credits required to sit for the Uniform CPA Examination to 120 semester credits (180 quarter credits) and to rename the rule. Citation of Rules Affected by this Order: Amending WAC 4-30-060. Statutory Authority for Adoption: RCW 18.04.055 . Adopted under notice filed as WSR 22-23-043 on November 8, 2022. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repeal

Effective Date of Rule: Thirty-one days after filing. Purpose: Rule making is needed to add a definition for professional services and eliminate definitions that are no longer needed. Citation of Rules Affected by this Order: Amending WAC 4-30-010. Statutory Authority for Adoption: RCW 18.04.055 . Adopted under notice filed as WSR 22-23-042 on November 8, 2022. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Ame

Effective Date of Rule: Thirty-one days after filing. Purpose: The department of children, youth, and families (DCYF) is repealing WAC 110-50-0310 and amending WAC 110-80-0260, 110-50-0300, and 110-50-0320. DCYF is making changes regarding referrals to the division of child support (DCS) when children are placed into the care of DCYF. DCYF had an automatic referral process to start collecting child support 72 hours after a child or youth is removed from the parents' or guardians' care and custod

Effective Date of Rule: Thirty-one days after filing. Purpose: In May of 2022, the employment security department (ESD) received a petition requesting that ESD amend WAC 192-170-080 to eliminate WAC 192-170-080 (1)(a), which states, "If you are on a leave of absence, you are not unemployed and thus not eligible for benefits." WAC 192-170-080 (1)(a), which states that someone on a leave of absence is not "unemployed," was determined to be "invalid" by the commissioner of ESD in 2011 under In re A

Effective Date of Rule: April 1, 2023. Purpose: The purpose of this rule making is to lower the pension discount rate (PDR) to better align with the rate of return for long - term treasuries for self-insured pensions. The PDR is the interest rate used to account for the time value of money when evaluating the present value of future pension payments. This rule lowers the PDR for self-insured employers from 5.7 percent to 5.6 percent, effective April 1, 2023. Citation of Rules Affected by this Or

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency amended these rules with housekeeping changes to modernize language. The housekeeping fixes are required to align the definition of "Residential habilitation center" with the definition written in RCW 71A.10.020 (11), updated "chemical dependency professional" to "substance use disorder professional" as written in chapters 18.205 RCW and 246-811 WAC, and updated "detoxification" to "withdrawal management" with certificatio

Effective Date of Rule: Thirty-one days after filing. Purpose: WAC 246-247-035 National standards adopted by reference for sources of radionuclide emissions. This rule making updates the federal regulations publication date from 2021 to the most recently adopted 2022 version previously adopted by reference. This amendment makes no changes to any requirements previously adopted, but is required for the department of health to receive delegation of the Radionuclide Air Emissions Program from the U

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency revised this section to consolidate all telemedicine in one section for all programs. Additionally, "speech language pathology services by telemedicine when not available in person" was removed. This was added in a rule making during the public health emergency in error. The consolidated telemedicine rule applies to all programs and resides in new WAC 182-501-0300, filed on January 26, 2023, under WSR 23-04-048. Citation o

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority (HCA) is changing the name of the chemical-using pregnant women program to substance-using pregnant people program. Due to this name change, HCA is fixing all references to the old program name in the above-mentioned rules. Citation of Rules Affected by this Order: Amending WAC 182-550-1100, 182-550-1200, 182-550-3000, 182-550-3850, and 182-550-4300. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.16

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is adopting a new rule and revising other rules to provide for telemedicine and store and forward technology, in alignment with ESHB 1196 (67th legislature, 2021 regular session). Citation of Rules Affected by this Order: New WAC 182-501-0300 and 182-538-195; repealing WAC 182-531-1730; and amending WAC 182-531-0100, 182-537-0200, 182-551-2010, 182-551-2040, 182-551-2210, and 182-551-2125. Statutory Authority for Adoption:

Effective Date of Rule: April 1, 2023. Purpose: This rule making order amends chapter 16-228 WAC, General pesticide rules, by: (1) Restructuring the single penalty schedule into three separate schedules based on the violation type and a flat $250 penalty for repeat recordkeeping errors. (2) Increasing the monetary penalties for certain types of penalties within the schedules, not only to account for inflation of the dollar since 1999, but also to match the civil penalty to the severity of the vi

Effective Date of Rule: Thirty-one days after filing. Purpose: Chapter 132H-126 WAC, Student code of conduct, policy 2050, revisions to comply with federal and state changes. On August 10, 2021, a decision from a federal district vacated a portion of the 2020 amendments to the Title IX regulations related to cross-examination, 34 C.F.R. § 106.45 (b)(6)(i). This needs to be removed from the code. On March 15, 2022, President Biden signed the Violence Against Women Act Reauthorization Act of 2022

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending the rule to correct the website address at which individuals will learn how to determine the value of a life estate. The correct address is https://www.hca.wa.gov/free-or-low-cost-health-care/i-help-others-apply-and-access-apple-health/determining-value-life-estates . Citation of Rules Affected by this Order: Amending WAC 182-513-1445. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under

Effective Date of Rule: Thirty-one days after filing. Purpose: In each of the rules listed below the agency is replacing an incorrect website address with the correct address for the Washington apple health income and resource standards. The correct address is https://www.hca.wa.gov/free-or-low-cost-health-care/i-help-others-apply-and-access-apple-health/program-standard-income-and-resources . Citation of Rules Affected by this Order: Amending WAC 182-507-0125, 182-513-1105, 182-513-1215, 182-51

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending WAC 182-501-0215 to correct the wraparound with intensive services (WISe) website address. The correct address is https://www.hca.wa.gov/billers-providers-partners/program-information-providers/wraparound-intensive-services-wise . The agency is amending WAC 182-502-0022 to correct the agency's forms and publications website address. The correct address is https://www.hca.wa.gov/billers-providers-partners/forms-

Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of this rule making is to update the exam process to better reflect agency practices, goals, and values, as well as to conduct other housekeeping of language to increase clarity to pilot aspirants and applicants, in preparation for the 2024 marine pilot exam. Citation of Rules Affected by this Order: Amending WAC 363-116-0751 Qualifications for pilot applicants. Statutory Authority for Adoption: Chapter 88.16 RCW, Pilotag

Effective Date of Rule: August 1, 2023. Purpose: Rule amendments establish a timeline and defined process for professional performance evaluations of certificated principals and assistant principals. Evaluations and summative conferences shall be conducted by the evaluator prior to June 1 of the school year in which the evaluation is made. The timeline applies to both focused and comprehensive evaluations for principals and assistant principals and is intended to ensure that principals and assis

Effective Date of Rule: Thirty-one days after filing. Purpose: To update to the current student financial debt rules under chapter 132H-122 WAC in order to be in compliance with current policies, remove outdated information, and clarify processes. Citation of Rules Affected by this Order: Amending WAC 132H-122-010, 132H-122-020, and 132H-122-030. Statutory Authority for Adoption: RCW 28B.50.140 (13); chapter 34.05 RCW. Adopted under notice filed as WSR 22-21-054 on October 12, 2022. Number of Se

Effective Date of Rule: September 1, 2023. Purpose: Amend rule to state when a paraeducator may begin training to meet the requirements of the advanced paraeducator certificate. The amendment will articulate training may begin after a date of issuance. The amendment will align the rule with language impacting other educators in the state. In addition, the rule change will clearly articulate when a paraeducator may begin training to complete the advanced certificate. Citation of Rules Affected by

Effective Date of Rule: Thirty-one days after filing. Purpose: (1) To bring chapter 174-276 WAC up-to-date and into compliance with current public records law; (2) to update, clarify, and streamline procedures governing access to public records of the college; and (3) to improve service to requesters via updated rules and procedures that make use of the current tools available to the college's public records staff. Citation of Rules Affected by this Order: Repealing WAC 174-276-020, 174-276-095

Effective Date of Rule: Thirty-one days after filing. Purpose: To protect and control pedestrian and vehicular traffic on district campus sites; ensure access at all times for emergency equipment; minimize traffic disturbances; facilitate the operation of the district by ensuring access to vehicles; allocate limited parking space for the most efficient use; protect state property; and encourage and support travel to district campus sites by means other than single occupancy vehicle. Citation of

Effective Date of Rule: Thirty-one days after filing. Purpose: The health care authority is correcting a typographical error in the cross-reference to the early and periodic screening, diagnosis, and treatment program rules in WAC 182-531-1675 (1)(f). The current cross-reference points to chapter 182-543 WAC. This should read chapter 182-534 WAC. Citation of Rules Affected by this Order: Amending WAC 182-531-1675. Statutory Authority for Adoption: RCW 41.05.021 , 41.05.160 . Adopted under notice

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending WAC 182-508-0005 to include individuals residing in "public institutions" (as that term is defined in WAC 182-500-0050) within the population not eligible for state-funded Washington apple health medical care services. The amendment is necessary to ensure that individuals residing in public institutions receiving a new aged, blind, or disabled program cash grant (ESSB 5693 section 205(22), chapter 297, Laws of

Effective Date of Rule: Thirty-one days after filing. Purpose: The agency is amending these rules to allow it to be flexible in its approach to sanctions with managed care organizations (MCOs), as authorized by 42 C.F.R. 438.702(b). These rules allow the agency to impose the maximum allowable sanction on a daily, per occurrence basis for an MCO's violation of any material obligation under the MCO's contract. Citation of Rules Affected by this Order: Amending WAC 182-538-070 and 182-538-140. Stat

Effective Date of Rule: Thirty-one days after filing. Purpose: The proposed rule amendment would: (1) Allow pull-tab licensees to write the date they put a pull-tab game in play on the flare instead of a purchase invoice; (2) clarify what records pull-tab licensees must record I.D. stamp numbers on; (3) eliminate duplicative language related to distributors and invoice requirements; and (4) amend language referring to I.D. stamps for consistency within the rule. Citation of Rules Affected by thi

Effective Date of Rule: Thirty-one days after filing. Purpose: Southwest clean air agency (SWCAA) 400-025 Adoption of Federal Rules. The proposed rule changes update the adoption by reference date for federal regulations cited in other sections of SWCAA 400. SWCAA 400-030 Definitions. The proposed rule change updates the definition for volatile organic compound. SWCAA 400-040 General Standards for Maximum Emissions. The proposed rule changes make administrative edits and remove "A" reference in

Effective Date of Rule: Thirty-one days after filing. Purpose: On August 29, 2022, the Thurston County superior court issued an order ( Nat'l Ass'n of Mut. Ins. Co., et al. v. State of Washington , Order Granting in Part Petition for Declaratory Relief, Docket No. 22-2-00180-34 (consolidated) (Thurston Co. Sup. Ct., 2022)) invalidating Insurance Commissioner Matter R 2021-07, which temporarily prohibited insurers from using consumer credit histories to set rates for all homeowners, renters, and

Effective Date of Rule: Thirty-one days after filing. Purpose: This rule making is necessary to ensure WAC 388-107-0630 is consistent with the requirements of chapter 388-112A WAC for training and home care aide certification to support the health and safety of residents in this setting and to benefit enhanced services facilities business owners. During the COVID-19 pandemic, this rule was suspended to allow enhanced services facilities to hire home care aids [aides] who could not meet the train

Effective Date of Rule: July 1, 2023. Purpose: The purpose of this permanent rule making is to adopt the 2021 International Building Code (structural provisions), and the 2021 International Existing Building Code, published by the International Code Council (ICC), with state amendments to incorporate proposed changes as adopted by the Washington state building code council on November 18, 2022. The rules provide increased clarity and life safety measures for building construction in Washington s