Preproposals

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

Subject of Possible Rule Making: The passage of SB [SSB] 5096 in the 2023 legislative session requires the department of commerce (commerce) to develop rules and guidelines for the administration of the employee ownership program, as established by the Washington employee ownership commission (commission). Through the commission, commerce is required to develop WAC for this newly formed program. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.330.590 , 43.330.592 , and 43.

Subject of Possible Rule Making: The office of the attorney general (office) received a petition for rule making seeking amendments to the Model Public Records Act rules, in particular WAC 44-14-010 through 44-14-040, regarding timely and prompt responses by agencies to public records requests. The office is considering amendments to the model rules to address this topic. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.56.570 (3). Reasons Why Rules on this Subject may be N

Subject of Possible Rule Making: The Evergreen State College student conduct code, chapter 174-123 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.40.120 ; chapter 34.05 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Update our student conduct rules to be in compliance with new Title IX rules from the United States Department of Education. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating th

Subject of Possible Rule Making: WAC 308-101-230(4) Final orders. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.01.110 Rule-making authority. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Following an analysis of our commercial driver's license (CDL) disqualification procedures, the department of licensing proposes rescinding WAC 308-101-230(4) to allow for these CDL disqualifications to be addressed within the personal driver's license

Subject of Possible Rule Making: This rule seeks to clarify requirements of recently passed legislation, ESHB 2153 Deterring the theft of catalytic converters. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.70.350 Catalytic converter marking and 46.01.110 Rule-making authority. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 2153 requires vehicle dealers to offer to permanently mark a vehicle's catalytic converter prior to sale unless;

Subject of Possible Rule Making: Department of ecology (ecology) is announcing a rule making to make amendments to chapter 173-443 WAC. These will include, but are not limited to, revisions to WAC 173-443-075 to modify the sell-through provision, revisions to WAC 173-443-040 to modify the prohibitions for automatic commercial ice machines (ACIMs), and other necessary technical and administrative changes throughout the chapter. Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapt

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

Subject of Possible Rule Making: WAC 388-96-809 Change of ownership — Final reports — Settlement securities, and other related rules as may be necessary. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.46.800 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of social and health services (DSHS) is interested in streamlining the change of ownership process for medicaid nursing facility providers. This will also help to continue

Subject of Possible Rule Making: The department of fish and wildlife (department) is considering rule changes to chapter 220-120 WAC, Public records. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.013 , 77.04.020 , 77.04.055 , 77.12.047 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department needs to amend and update rules in chapter 220-120 WAC to accommodate the recent implementation of the department's use of body

Subject of Possible Rule Making: E2SHB 1086 established the office of behavioral health advocacy (OBHA), moving authority from the health care authority (HCA) to the department of commerce (commerce). OBHA oversees behavioral health advocacy throughout the state, working closely with Peer WA to deliver these services. Possible rule-making topics include, but are not limited to, updates to: • Establish standards for certifying behavioral health consumer advocates. • Procedures for access by behav

Subject of Possible Rule Making: Chapter 132Y-300 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13); chapter 34.05 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On April 19, 2024, the United States Department of Education released its final rule under Title IX. This rule requires institutions of higher education to adopt investigative and disciplinary procedures addressing sex discrimination, including sex-based harass

Subject of Possible Rule Making: Chapter 132Y-125 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13); chapter 34.05 RCW. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On April 19, 2024, the United States Department of Education released its final rule under Title IX. This rule requires institutions of higher education to adopt investigative and disciplinary procedures addressing sex discrimination, including sex-based harass

Subject of Possible Rule Making: Chapter 16-202 WAC, Application of pesticides and plant nutrients through irrigation systems. The department of agriculture (department) is considering modifying the rules for chemigation and fertigation monitoring to incorporate current technological capabilities and potential automation future capabilities. The department is also considering clarifying changes to the rule that will aid in the readability and understanding of the rule language. Statutes Authoriz

Subject of Possible Rule Making: Chapter 182-551 WAC, Subchapter I — Hospice services; 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) plans to review and revise the hospice rules to align with current policy and to identify applicability of the rules administered through managed care. During the course

Subject of Possible Rule Making: Per- and polyfluoroalkyl substances (PFAS); state action levels, state maximum contaminant levels, and public notifications for Group A public water supplies in chapter 246-290 WAC. The state board of health (board) is considering amending WAC 246-290-315 State action levels (SALs) and state minimum contaminant levels (MCLs) and 246-290-71006 Public notice for contaminants with a SAL and other unregulated contaminants to align with the federal Environmental Prote

Subject of Possible Rule Making: The department of fish and wildlife (department) is considering rules regarding southern resident orcas, including amending and adding to rules in Title 220 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.020 , 77.04.055 , 77.12.045 , 77.12.047 , 77.65.615 , 77.65.620 , and 77.15.740 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department seeks to amend and add rules in Title 220

Subject of Possible Rule Making: Repealing current student code of conduct, WAC 132P-33-010, 132P-33-020, 132P-33-030, 132P-33-065, 132P-33-400, 132P-33-410, 132P-33-420, 132P-33-430, 132P-33-440, 132P-33-445, 132P-33-460, 132P-33-470, 132P-33-480, 132P-33-490, 132P-33-500, 132P-33-510, 132P-33-520 and 132P-33-540; and updating to new Supplemental Title IX student conduct procedures, WAC 132P-121-010, 132P-121-020, 132P-121-030, 132P-121-065, 132P-121-440, 132P-121-445, 132P-121-448, 132P-121-46

Subject of Possible Rule Making: Nursing assistant (NA) skills testing, chapter 246-841A WAC. The Washington state board of nursing (board) is considering amendments and technical changes to existing rule sections and the establishment of new rule sections to implement skills testing by training programs. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.88A.030 , 18.88A.060 , and 18.88A.087 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: NA

Subject of Possible Rule Making: Chapter 180-55 WAC, Private school accreditation. Anticipated changes include: Update criteria for approval of accreditors; update definition of "residential private school" to align with current statute; additional criteria under which residential private schools would be exempt from Washington state department of children, youth, and families (DCYF) licensing; additional criteria to identify accreditors that are able to provide an examination of student living

Subject of Possible Rule Making: WAC 182-531-2040 Enhanced reimbursement — Medication assisted treatment for opioid use disorder; 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 change the title of the rule section to Enhanced reimbursement — Medication for opioid use disorder

Subject of Possible Rule Making: The department of fish and wildlife is considering rule making to amend requirements in the coastal and Puget Sound commercial Dungeness crab fisheries. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.013 , 77.04.055 , 77.12.045 , 77.12.047 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: New rules, amendments to rules, and clarification of existing rules are needed to enhance fishery monitori

Subject of Possible Rule Making: Chapter 132H-122 WAC, Student financial debt. 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 edit to bring chapter 132H-122 WAC and BC policy 7200 into compliance with RCW 28B.10.293 regarding the types of student debts for which the college may withhold registration privileges. Statute dictates that only tuition fee

Subject of Possible Rule Making: Behavioral health agency (BHA) rules concerning reporting information about early release of individuals receiving substance use disorder (SUD) treatment. The department of health (department) is considering amending or potentially adding a new section to the BHA regulations in chapter 246-341 WAC to implement S2SSB 6228 (chapter 366, Laws of 2024), that requires BHAs to report specific data on individuals who are voluntarily or involuntarily released from treatm

Subject of Possible Rule Making: Chapter 16-302 WAC, General rules for seed certification. The department of agriculture (department) is considering amending this chapter by: Providing clarity and transparency: • Making clerical, typographical, and formatting changes throughout the chapter to improve clarity and readability; • Addressing inconsistencies throughout the chapter between crop standards; • Removing references to chapters that have been previously repealed; • Adding a new section for

Subject of Possible Rule Making: The department of fish and wildlife (department) is considering a recommendation to classify the island marble butterfly as state endangered, threatened, or sensitive as defined under chapter 220-610 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012 , 77.04.013 , 77.04.020 , 77.04.055 , 77.12.020 , and 77.12.240 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is responsible for maki

Subject of Possible Rule Making: Revising WAC 139-07-040 to remove the requirement that the criminal justice training commission (commission) adopt into policy model questions pertaining to polygraph examinations. 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 remove the requirement that the commission adopt into policy polygraph examination model questions. Mode

Subject of Possible Rule Making: Update to geothermal lease rates on department of natural resources (DNR)-managed properties, WAC 332-22-200 through 332-22-230. Statutes Authorizing the Agency to Adopt Rules on this Subject: This rule making is mandated by an amendment to RCW 79.15.590 [ 79.13.530 ] and section 465, chapter 334, Laws of 2003 through section 2 of SB [ESSB] 6039. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DNR is required to commence rule makin

Subject of Possible Rule Making: Finance — Categorical appointment; establish a new section under chapter 392-122 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: 2SSB 5882 (chapter 191, Laws of 2024); RCW 28A.150.260 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In alignment with 2SSB 5882 (2024), passed by the Washington state legislature in 2024, the office of superintendent of public instruction (OSPI) is considering rule making to esta

Subject of Possible Rule Making: Sanitary conditions for construction workers; chapter 296-155 WAC, Safety standards for construction work, Part B-1, Occupational health and environmental control. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010 , 49.17.040 , 49.17.050 , 49.17.060 , and 49.17.530 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The division of occupational safety and health (DOSH) is initiating rule making for chapter

Subject of Possible Rule Making: Updating attending providers and adding psychologists in claims solely for mental health conditions. Chapter 296-14 WAC, Industrial insurance; chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations; chapter 296-16 WAC, Employer — Worker reemployment incentives; chapter 296-19A WAC, Vocational rehabilitation; chapter 296-20 WAC, Medical aid rules; chapter 296-21 WAC, Reimbursement policies: Psychiatric services, biofeedback, physical medici

Subject of Possible Rule Making: Fee increase related to information system required pursuant to the Check Casher and Seller Act, chapter 31.45 RCW. This rule making would amend WAC 208-630-556 (11) and (13). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 31.45.093 and 43.320.040 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since January 1, 2010, borrowers are not permitted to receive more than eight small loans from any payday lender in

Subject of Possible Rule Making: WAC 182-552-0400 Respiratory care — Continuous positive airway pressure (CPAP) device and supplies; 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 182-552-0400 to update medical necessity criteria based on evidence reviews. During this review, the agency

Subject of Possible Rule Making: WAC 182-531-1400 Psychiatric physician-related services and other professional mental health services, 182-531-1710 Alcohol and substance misuse counseling, 182-538D-0200 Behavioral health services — Definitions, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021 , 41.05.160 , 18.227.100 (SSB 5189, chapter 270, Laws of 2023). Reasons Why Rules on this Subject may be Needed and What They Might Acco

Subject of Possible Rule Making: Amending WAC 388-880-042 Resident records — Purposes, 388-880-043 Resident records — Location and custody, 388-880-044 Resident records — Access, 388-880-150 Requests for public disclosure and 388-880-151 Requests for resident medical information; repealing WAC 388-880-045 Resident records — Retention; and possible other related sections in chapter 388-880 WAC as may be required. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.09.025 , 71.0

Subject of Possible Rule Making: Amendment of WAC 51-54A-0904, adoption and amendment of the 2021 International Fire Code requirements for licensing for work on alternative automatic fire extinguishing systems. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.27.035 and 19.27.074 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The requirement for only National Institute for Certification in Engineering Technologies licensing will leave the

Subject of Possible Rule Making: Chapter 16-350 WAC, Registration and certification of fruit tree planting stock. The department of agriculture (department) is considering updates to this chapter that: • Reflect changes to horticultural practices of the fruit tree nurseries since the rule was last updated in 2005; • Align the certification standards with those found in the North American Plant Protection Organization (NAPPO) Regional Standards for Phytosanitary Measures (RSPM) 35; • Adopt new in

Subject of Possible Rule Making: Chapter 110-148 WAC, Licensing requirements for child foster homes, and all other related rules. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.15.030 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The licensing division (LD) is updating chapter 110-148 WAC, Licensing requirements for child foster homes, and other related rules to be more developmentally appropriate and flexible to meet the individual chi

Subject of Possible Rule Making: Chapter 196-26A WAC, Registered professional engineers and land surveyor fees; and chapter 196-30 WAC, Fees for on-site wastewater treatment system designers and inspectors. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.43.035 , 18.210.050 , 18.210.060 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments are being proposed to correct and clarify language throughout chapter 196-26A WAC. Also, we are

Subject of Possible Rule Making: Washington small business certification. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 39.26.090 , 43.19.011 , and 43.19.725 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The intent of the state is to spend more state dollars with Washington small businesses. Because of this, rules are needed to make sure Washington small businesses that want to do business with the state are properly identified and regist

Subject of Possible Rule Making: Student code of conduct, chapter 132R-04 WAC. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140 (13). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To bring Big Bend Community College's student conduct code (code) into compliance with a new final rule governing sex discrimination grievance procedures recently adopted by the United States Department of Education and to update the code to ensure its pro

Subject of Possible Rule Making: To amend chapter 308-101 WAC to align more closely with chapter 34.05 RCW, Administrative Procedure Act, to define business rules, guidelines, and the process for conducting administrative interviews and formal hearings for financial responsibility and unsatisfied judgment cases with the department of licensing (department). Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.01.110 , 46.29.110 , 46.29.280 , 46.29.140 . Reasons Why Rules on thi

Subject of Possible Rule Making: WAC 308-101-240 Clarifying probation guidelines and terms in habitual traffic offender matters. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.01.110 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 308-101-240 Probation in habitual traffic offender matters. Update will better define the expected duration of the probation period, along with terms and conditions for probation for habitual traffic offende

Subject of Possible Rule Making: Student code of conduct and student disciplinary procedures. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.010 (16), 72.40.022 (15). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To bring the Washington state school for the blind's student conduct code, chapter 72-120 WAC, into compliance with a new final rule issued by the United States Department of Education pursuant to its authority under Title IX

Subject of Possible Rule Making: Practice and procedure for student disciplinary proceedings. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.010 (16), 72.40.022 (15). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule changes are needed to update chapter 72-108 WAC regarding the practices and procedures for student disciplinary proceedings. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rul

Subject of Possible Rule Making: Washington's lottery (lottery) is considering revisions to chapter 315-38 WAC, Mega Millions. The lottery is proposing amendments to this chapter in order to make changes consistent with the upcoming game changes by the Mega Millions Consortium, which controls the operation of this multistate game. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 67.70.040 (1). Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The

Subject of Possible Rule Making: New chapter to Title 446 WAC, work zone speed safety camera systems. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.63.200 . Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Sections 1-3, chapter 17, Laws of 2023 (ESSB 5272); and sections 1-4, chapter 308, Laws of 2024 (SSB 6115), require the Washington state patrol to adopt rules related to the enforcement and adjudication of speed violations including, but