Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-14-020.

     Title of Rule: Chapter 388-818 WAC, Deaf and hard of hearing services.

     PROPOSED NEW WAC NUMBERS AND CAPTIONS: WAC 388-818-0010 What is the purpose of this chapter?, 388-818-0020 What does the Office of the Deaf and Hard of Hearing do?, 388-818-0030 What does the telecommunications access service do?, 388-818-0040 What definitions apply to this chapter?, 388-818-0050 What social services relating to hearing loss are available to the public?, 388-818-0060 Who are qualified service providers?, 388-818-0070 Is telecommunications equipment available for clients?, 388-818-0080 What items are not included with telecommunications equipment?, 388-818-0090 Who is eligible to apply for telecommunications equipment from TAS?, 388-818-0100 Who must certify an applicant's eligibility for telecommunications equipment from TAS?, 388-818-0110 How do applicants request specialized telecommunications equipment?, 388-818-0120 What types of income are included when requesting equipment from TAS?, 388-818-0130 How are applicants notified about decisions for telecommunications equipment?, 388-818-0140 What are reasons for denying telecommunications equipment?, 388-818-0150 When may clients renew their applications for telecommunications equipment?, 388-818-0160 How do clients renew their application for telecommunications equipment?, 388-818-0170 Are nonprofit organizations eligible for telecommunications equipment?, 388-818-0180 What process do nonprofit organizations follow to receive telecommunications equipment from TAS?, 388-818-0190 How much does an applicant have to pay for telecommunications equipment?, 388-818-0200 How does an applicant request a waiver (exception) of equipment cost?, 388-818-0210 What conditions must be met for a client to receive purchased telecommunications equipment?, 388-818-0220 When is telecommunications equipment owned by the client?, 388-818-0230 May clients return purchased telecommunications equipment?, 388-818-0240 When may telecommunications equipment be loaned to an applicant?, 388-818-0250 What are the conditions for loaning telecommunications equipment?, 388-818-0260 When does state-loaned equipment have to be returned to TAS?, 388-818-0270 May a person take loaned telecommunications equipment outside the state?, 388-818-0280 Will training be provided on the use and care of telecommunications equipment?, 388-818-0290 What services do trainers provide to clients?, 388-818-0300 When may telecommunications equipment be replaced?, 388-818-0310 When may requests for replacement telecommunications equipment be denied?, 388-818-0320 Who may receive reconditioned telecommunications equipment?, 388-818-0330 May an applicant disagree with a DSHS decision about telecommunications equipment?, 388-818-0340 What is a relay complaint?, 388-818-0350 What may a client do when dissatisfied with relay services?, 388-818-0360 May a client file a formal complaint about the relay service?, 388-818-0370 When is customer service available for clients?, 388-818-0380 May clients file their complaint about relay services with the FCC?, 388-818-0390 May the FCC file a complaint?, and 388-818-0400 What documents must ODHH keep for complaints?

     WACs TO BE REPEALED: WAC 388-818-001 Scope, 388-818-002 Regional centers, 388-818-003 Services, 388-818-005 Definitions, 388-818-010 Eligibility requirements, 388-818-020 Approval of application for initial device or request for replacement device, 388-818-030 Denial of initial application or request for replacement device, 388-818-040 Application renewal process, 388-818-050 Notice of approval or denial, 388-818-060 Review by department, 388-818-070 Distribution, 388-818-080 Training, 388-818-090 Ownership and liability, 388-818-110 Telecommunications relay service, and 388-818-130 Uses for returned equipment.

     Purpose: The purpose of the chapter is to provide regulations about social and telecommunications access services for people with hearing loss and speech impairments. The proposed revisions:

•     Clarify language and reorganize information for easier use and understanding;

•     Expand the pool of professionals who are authorized to certify an applicant's eligibility to receive equipment;

•     Define the process for qualified agencies and organizations to request the loan of reconditioned equipment;

•     Add "pawning" equipment to actions considered to be against program policy for loans of telecommunications equipment;

•     Clarify the process for an applicant to request a waiver; and

•     Add a grievance process for relay service complaints.

     Other Identifying Information:

     Statutory Authority for Adoption: RCW 43.20A.725.

     Statute Being Implemented: RCW 43.20A.720, 43.20A.725, chapter 210, Laws of 2001.

     Summary: Technology advancements and expanded eligibility for participation in the distribution program prompted a change in the law. SHB 1884 was signed into law on May 7, 2001, as chapter 210, Laws of 2001. The sections in this chapter have been reorganized and revised to make the language clearer and easier to understand.

     Reasons Supporting Proposal: To comply with the statutes as indicated in Statutory Authority for Adoption and Statute Being Implemented above.

     Name of Agency Personnel Responsible for Drafting: Kelly D. Robison, Program Manager, ODHH, P.O. Box 45301, Olympia, WA 98504-5301, (360) 902-8000/VTTY; Implementation and Enforcement: G. Leon Curtis, Director, P.O. Box 45301, Olympia, WA 98504-5301, (360) 902-8001.

     Name of Proponent: Department of Social and Health Services, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: The Office of the Deaf and Hard of Hearing (ODHH) is repealing the old program rules in chapter 388-818 WAC and replacing them with new rules in the same chapter.

     The new rules are reorganized in a different sequence according to customer interest and use, which in turn makes the information easier to use and understand. Major content changes include: Additional certified professionals who are authorized to verify a client's eligibility to participate in the telecommunications access service (TAS) program; adding and changing definitions; adds a grievance process for relay service complaints; changes to the timeframe for eligibility.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Office of the Deaf and Hard of Hearing (ODHH) has analyzed our proposed rule amendments and conclude that no new costs will be imposed on the small businesses affected by them. The preparation of a comprehensive SBEIS is not required.

     RCW 34.05.328 applies to this rule adoption. The rules meet the definition of a "significant legislative rule" and a cost benefit analysis has been prepared. To obtain a copy, contact Kelly D. Robison, Program Manager, P.O. Box 45301, Olympia, WA 98504-5301, phone (360) 438-8047 V/TTY, e-mail robiskd@dshs.wa.gov.

     Hearing Location: Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503, on January 7, 2003, at 11:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by December 23, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., January 7, 2003.

     Date of Intended Adoption: Not earlier than January 8, 2003.

November 15, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-24 issue of the Register.

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