PREPROPOSAL STATEMENT OF INQUIRY
SOCIAL AND HEALTH SERVICES
(Office of the Secretary)
Subject of Possible Rule Making: Chapter 388-01 WAC, the agency proposes to adopt a new section to chapter 388-01 WAC to clarify that no provision in Title 388 WAC creates or is intended to create any right or cause of action, or adds to or intends to add to any existing right or cause of action, nor may anything in Title 388 WAC be relied upon to compel the establishment of any program or special entitlement.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.17.250, 43.17.060.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule is needed to address recent court decisions in which the courts found that legislation or administrative rules implied a right of action, or compelled an agency to establish a program or entitlement, because the legislation or rule was silent on whether it created or implied a right of action or compelled the establishment of a program or entitlement.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: The Department of Social and Health Services invites the public to review and provide input on the draft language of the proposed rules. Draft rules and information about how to participate may be obtained by contacting the representative listed below.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bernie H. Friedman, Special Assistant to the Secretary, Department of Social and Health Services, Mailstop 45010, Olympia, WA 98504-5010, phone (360) 902-7860, fax (360) 902-7848.
November 30, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit