WSR 08-16-124

EXPEDITED RULES

STATE BOARD FOR COMMUNITY

AND TECHNICAL COLLEGES

[ Filed August 5, 2008, 4:30 p.m. ]

Title of Rule and Other Identifying Information: Chapter 131-49 WAC, Regulations for the administration of the displaced homemaker program.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO DelRae Oderman, State Board for Community and Technical Colleges, P.O. Box 42495, Olympia, WA 98504-2495 , AND RECEIVED BY October 7, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Administration of this program has been moved from the higher education coordination [coordinating] board (HECB) to the state board for community and technical colleges and the WAC moved to chapter 131-49 WAC. Technical changes have been made to update WAC citations, references to the HECB, and references to 1999-2001 contracts.

Statutory Authority for Adoption: Chapter 28B.04 RCW.

Statute Being Implemented: Chapter 28B.04 RCW.

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

Name of Proponent: State board for community and technical colleges, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Erin Brown, 1300 Quince Street S.E., Olympia, WA 98504-2495, (360) 704-4304.

August 6 [5], 2008

DelRae Oderman

Executive Assistant

Agency Rules Coordinator

OTS-1818.1


AMENDATORY SECTION(Amending WSR 07-23-089, filed 11/20/07, effective 11/20/07)

WAC 131-49-010   Purpose.   The Displaced Homemaker Act, chapter 28B.04 RCW establishes guidelines under which the ((higher education coordinating board)) state board for community and technical colleges shall contract to establish both multipurpose service centers and programs of service to provide necessary training opportunities, counseling and services for displaced homemakers so that they may enjoy the independence and economic security vital to a productive life. This chapter is promulgated by the board to establish necessary regulations for the operation of the displaced homemaker program.

[07-23-089, recodified as 131-49-010, filed 11/20/07, effective 11/20/07. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-010, filed 7/31/87; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-010, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-010, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 07-23-089, filed 11/20/07, effective 11/20/07)

WAC 131-49-040   Definitions.   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Act" means the Displaced Homemaker Act, chapter 28B.04 RCW, as amended.

(2) "Advisory committee" means the advisory committee established pursuant to WAC ((250-44-030)) 131-49-030.

(3) "Appropriate job opportunities" means opportunities to be gainfully employed, as defined in subsection (9) of this section, in jobs which build upon all relevant skills and potential skills of the individual displaced homemaker, including opportunities in jobs which in the past may not generally have been considered traditional for women.

(4) "Center" means a multipurpose service center as defined in subsection (10) of this section.

(5) "Board" means the ((higher education coordinating board)) state board for community and technical colleges.

(6) "Displaced homemaker" means an individual who:

(a) Has worked in the home for ten or more years providing unsalaried household services for family members on a full-time basis; and

(b) Is not gainfully employed;

(c) Needs assistance in securing employment; and

(d) Meets one of the following criteria;

(i) Has been dependent on the income of another family member but is no longer supported by that income; or

(ii) Has been dependent on federal assistance but is no longer eligible for that assistance; or

(iii) Is supported as the parent of minor children by public assistance or spousal support, but whose youngest child is within two years of reaching majority.

(7) "Executive director" means the executive director of the board.

(8) "Executive officer" of the sponsoring organization means the chief executive or senior officer of the organization.

(9) "Gainfully employed" means employed for salary or wages on a continuing basis and earning at least an amount equal to the standard of need established under RCW 74.04.770.

(10) "Multipurpose service center" means a center contracted for under the act, which either provides directly, or provides information about and referral to, each type of program of service as defined in subsection (14) of this section.

(11) "Objective" means a purpose of a program of service which can be quantified and for which objective measurements of performance can be established.

(12) "Displaced homemaker program" means the program of contracts for multipurpose service centers and programs of service for displaced homemakers authorized by the act.

(13) "Program" means a program of service as defined in subsection (14) of this section.

(14) "Program of service" means one of the specific services listed in subdivisions (a) through (g) of this subsection, and meeting the criteria set forth in the subdivision.

(a) Job counseling services, which shall:

(i) Be specifically designed for displaced homemakers;

(ii) Counsel displaced homemakers with respect to appropriate job opportunities (as defined in subsection (3) of this section); and

(iii) Take into account and build upon the skills and experience of a homemaker and emphasize job readiness as well as skill development.

(b) Job training and job placement services, which shall:

(i) Emphasize short-term training programs and programs which expand upon homemaking skills and volunteer experience and which prepare the displaced homemaker to be gainfully employed as defined in subsection (9) of this section;

(ii) Develop, through cooperation with state and local government agencies and private employers, model training and placement programs for jobs in the public and private sectors;

(iii) Assist displaced homemakers in gaining admission to existing public and private job training programs and opportunities, including vocational education and apprenticeship training programs; and

(iv) Assist in identifying community needs and creating new jobs in the public and private sectors.

(c) Health counseling services, including referral to existing health programs, which shall:

(i) Include general principles of preventative health care;

(ii) Include health care consumer education, particularly in the selection of physicians and health care services, including, but not limited to, health maintenance organizations and health insurance;

(iii) Include family health care and nutrition;

(iv) Include alcohol and drug abuse; and

(v) Include other related health care matters as appropriate.

(d) Financial management services, which shall:

(i) Provide information and assistance with respect to insurance, taxes, estate and probate problems, mortgages, loans and other related financial matters; and

(ii) Include referral, wherever feasible and appropriate, to public legal assistance programs staffed by attorneys.

(e) Educational services, which shall:

(i) Include outreach and information about courses offering credit through secondary or postsecondary education programs, and other reentry programs, including bilingual programming where appropriate; and

(ii) Include information about such other programs determined by the board to be of interest and benefit to displaced homemakers, and for which appropriate informational materials have been provided by the board.

(f) Legal counseling and referral services, which shall:

(i) Be limited to matters directly related to problems of displaced homemakers;

(ii) Be supplemental to financial management services as defined in subdivision (d) of this subsection; and

(iii) Emphasize referral, wherever feasible and appropriate, to public legal assistance programs staffed by attorneys.

(g) General outreach and information services with respect to federal and state employment, education, health, public assistance, and unemployment assistance programs which the board may determine to be of interest and benefit to displaced homemakers, and for which the board distributes appropriate informational materials.

(15) "Reaching majority" means reaching age eighteen.

(16) "Sponsoring organization" means a public institution, agency or governmental entity, or a chartered private nonprofit institution or organization which has legal authority to submit an application, enter into a contract, and provide the programs of service covered by the application, and which agrees to provide supervision and financial management to ensure compliance with the terms and conditions of the contract.

(17) "Training for service providers" means activities which provide training for persons serving the needs of displaced homemakers.

(18) "Statewide outreach and information services" means activities designed to make general outreach and information services for displaced homemakers available throughout Washington including but not limited to areas directly served by multipurpose service centers or other programs of service under the displaced homemaker program.

(19) "Subsistence" means support provided to, or paid to recipients for support services including all living expenses, child care, and transportation.

(20) "Performance indicators" means expected levels of services and outcomes as established by the executive director and made available in the application guidelines.

(21) "Initial contract" means a contract awarded based on a competitive process and the evaluation of an initial application.

(22) "Renewal contract" means a contract awarded to a current sponsoring organization for the ensuing biennium, based on the evaluation of a renewal application.

[07-23-089, recodified as 131-49-040, filed 11/20/07, effective 11/20/07. Statutory Authority: Chapter 28B.04 RCW. 01-01-050, 250-44-040, filed 12/11/00, effective 1/11/01. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-040, filed 7/31/87; 85-10-022 (Order 1/85, Resolution No. 85-44), 250-44-040, filed 4/23/85; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-040, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-040, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 07-23-089, filed 11/20/07, effective 11/20/07)

WAC 131-49-060   Eligibility to apply for contracts.   Either an initial or renewal application for a contract to provide either a multipurpose service center or one or more programs of service for displaced homemakers or training for service providers may be submitted by a sponsoring organization, as defined in WAC ((250-44-040)) 131-49-040(16).

(1) The board shall require appropriate documentation of the nonprofit status of an applicant that is nonpublic.

(2) Organizations that apply as a consortium shall submit a single application. The application shall be submitted by the sponsoring organization that will serve as fiscal agent for the consortium.

[07-23-089, recodified as 131-49-060, filed 11/20/07, effective 11/20/07. Statutory Authority: Chapter 28B.04 RCW. 01-01-050, 250-44-060, filed 12/11/00, effective 1/11/01. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-060, filed 7/31/87; 84-14-084 (Order 2/84, Resolution No. 84-76), 250-44-060, filed 7/3/84. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-060, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 07-23-089, filed 11/20/07, effective 11/20/07)

WAC 131-49-070   Calendar and closing dates for applications and awards.   (1) Applications for both initial and renewal contracts to provide services to displaced homemakers shall be submitted by eligible organizations pursuant to WAC ((250-44-040)) 131-49-040(16) by the date specified in the contract application guidelines.

(2) The executive director of the board shall approve awards of contracts, provided qualifying applications were received by the closing dates specified in the application guidelines.

(3) In the event that available funds for contracts under the act are not fully utilized after approval of contracts, the executive director shall either establish a new calendar for further consideration of applications and award of contracts, or award supplemental funds to existing centers and programs by amendment of contracts in effect, or award supplemental funds for targeted displaced homemaker program initiatives.

[07-23-089, recodified as 131-49-070, filed 11/20/07, effective 11/20/07. Statutory Authority: Chapter 28B.04 RCW. 01-01-050, amended and recodified as 250-44-070, filed 12/11/00, effective 1/11/01. Statutory Authority: RCW 28B.10.806 and chapter 28B.04 RCW as amended. 95-07-087 (Order 95-02), 250-44-130, filed 3/16/95, effective 4/16/95; 93-07-061 (Resolution No. 93-8), 250-44-130, filed 3/17/93, effective 4/17/93; 91-14-009, 250-44-130, filed 6/24/91, effective 7/25/91. Statutory Authority: Chapter 28B.04 RCW as amended. 89-08-056 (Order 1-89, Resolution No. HECB 89-3), 250-44-130, filed 3/31/89; 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-130, filed 7/31/87; 85-10-022 (Order 1/85, Resolution No. 85-44), 250-44-130, filed 4/23/85; 84-14-084 (Order 2/84, Resolution No. 84-76), 250-44-130, filed 7/3/84; 83-14-041 (Order 3/83, Resolution No. 83-66), 250-44-130, filed 6/30/83; 82-23-017 (Order 11/82, Resolution No. 83-21), 250-44-130, filed 11/8/82; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-130, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-130, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 07-23-089, filed 11/20/07, effective 11/20/07)

WAC 131-49-100   Required assurances.   No contract shall be awarded unless the sponsoring organization includes in its application the following assurances:

(1) No person in this state, on the grounds of sex, age, race, color, religion, national origin, or the presence of any sensory, mental, or physical handicap, shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under the act;

(2) The sponsoring organization shall actively seek to employ for all staff positions supported by funds provided under the act, and for all staff positions supported by matching funds under any contract, including supervisory, technical and administrative positions, persons who qualify as displaced homemakers;

(3) Services provided to displaced homemakers under the contract shall be provided without payment of any fees for the services: Provided, That the executive director may approve exceptions to this requirement upon determining that such exceptions would be in the best interest of displaced homemaker program objectives;

(4) First priority for all services provided under the contract shall be given to persons who qualify in all regards as displaced homemakers. Other persons in need of the services due to similar circumstances may be assisted if provision of such assistance shall not in any way interfere with the provision of services to displaced homemakers as defined in the act. The sponsoring organization shall include in its reports separate and distinct accountability for services to displaced homemakers and to other persons in need of the services;

(5) The sponsoring organization agrees to comply in full with the accounting and reporting requirements set forth in WAC ((250-44-190)) 131-49-190 and such other accounting and reporting requirements as may be established by the executive director.

(6) The sponsoring organization agrees to participate in evaluation procedures, including the use of all specified uniform client classification forms for persons to whom services are provided, and specified uniform evaluation questionnaires;

(7) The sponsoring organization will actively seek to coordinate activities under the contract with related activities and services provided by other organizations;

(8) The sponsoring organization understands and agrees that payments from the board under the contract will be provided monthly or quarterly upon submission and approval of payment requests in a form and containing information specified by the executive director of the board, and that approval of payments shall be conditioned upon the executive director's determination that the sponsoring organization is in compliance with the terms of the contract and this chapter;

(9) The executive officer of the sponsoring organization has reviewed the application, including all assurances contained therein, and is authorized to submit the application and execute a contract in accordance with the application if it is approved by the board; and

(10) The executive director and staff of the board will be provided access to financial and other records pursuant to the contract.

[07-23-089, recodified as 131-49-100, filed 11/20/07, effective 11/20/07. Statutory Authority: Chapter 28B.04 RCW. 01-10-020, 250-44-100, filed 4/23/01, effective 5/24/01; 01-01-050, amended and recodified as 250-44-100, filed 12/11/00, effective 1/11/01. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-090, filed 7/31/87; 84-14-084 (Order 2/84, Resolution No. 84-76), 250-44-090, filed 7/3/84; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-090, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-090, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 07-23-089, filed 11/20/07, effective 11/20/07)

WAC 131-49-110   Criteria for selection of contracts to be awarded.   (1) Initial contracts. For each closing date established as specified in WAC ((250-44-070)) 131-49-070, applications will be ranked competitively according to their performance with respect to:

(a) Size of the potential population to be served;

(b) Demonstrated need for the proposed services;

(c) Experience and capabilities of the sponsoring organization;

(d) Provisions for coordination of services with other organizations providing related services in the geographic area.

(2) The executive director shall develop a system for evaluating initial applications with respect to the above-stated criteria, and make available in the application guidelines a description of the system.

(3) Final selection of initial applications to be approved will be based upon both relative ranking on factors listed in subsection (1) of this section and appropriate geographic distribution.

(4) Renewal contracts. The sponsoring organization may be eligible to renew its contract for one ensuing biennium provided the sponsoring organization was in full compliance ((with the 1999-2001 contract. Thereafter, the sponsoring organization may be eligible to renew its contract for one subsequent biennium provided the sponsoring organization was in full compliance)) with the contract and performance indicators established by the executive director.

(5) The executive director shall develop a system for evaluating renewal applications and make available in the application guidelines a description of the system.

[07-23-089, recodified as 131-49-110, filed 11/20/07, effective 11/20/07. Statutory Authority: Chapter 28B.04 RCW. 01-10-020, 250-44-110, filed 4/23/01, effective 5/24/01; 01-01-050, amended and recodified as 250-44-110, filed 12/11/00, effective 1/11/01. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-150, filed 7/31/87; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-150, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-150, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 07-23-089, filed 11/20/07, effective 11/20/07)

WAC 131-49-120   Procedure for selection of contracts to be awarded.   (1) Initial contracts. The following steps will be employed in screening and selection of applications to be approved for initial contracts:

(a) Applications will be screened for eligibility and completeness;

(b) A panel of application readers will be established, to consist of board staff members designated by the executive director, members of the advisory committee who are not members of the legislature or employees of sponsoring organizations, and such other persons as may be deemed appropriate by the executive director;

(c) Within each category of application as described in WAC ((250-44-110)) 131-49-110(1), the panel of readers will evaluate and rank qualifying applications according to the system published in accordance with WAC ((250-44-110)) 131-49-110(2);

(d) The advisory committee will consider evaluations prepared by the readers, and will develop a list of recommended approved applications to be awarded contracts;

(e) The list of recommended approved applications will be submitted to the executive director of the board for approval. Upon approval the executive director will award the contracts.

(2) Renewal contracts. The following steps will be employed in screening and selection of applications to be approved for renewal contracts:

(a) Applications will be screened for eligibility and completeness;

(b) In cooperation with the advisory committee, or a subset thereof, the board will evaluate qualifying applications in accordance with WAC ((250-44-110)) 131-49-110(4) and develop a list of recommended approved renewal applications according to the system published in WAC ((250-44-110)) 131-49-110(5);

(c) The list of recommended approved renewal applications shall be submitted to the executive director of the board for approval. Upon approval the executive director will award the renewal contracts.

[07-23-089, recodified as 131-49-120, filed 11/20/07, effective 11/20/07. Statutory Authority: Chapter 28B.04 RCW. 01-10-020, 250-44-120, filed 4/23/01, effective 5/24/01; 01-01-050, amended and recodified as 250-44-120, filed 12/11/00, effective 1/11/01. Statutory Authority: Chapter 28B.04 RCW, as amended. 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-160, filed 7/31/87; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-160, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-160, filed 8/17/79.]


AMENDATORY SECTION(Amending WSR 07-23-089, filed 11/20/07, effective 11/20/07)

WAC 131-49-140   Length of contract periods.   (1) Contract periods for each contract awarded under the act shall be in accordance with each application proposal, subject to contract application guidelines issued by the executive director, but shall not begin before the starting date or extend beyond the end date of the upcoming biennium.

(2) An initial contract shall be awarded on a biennial basis.

(3) ((A contract funded for the 1999-2001 biennium may be renewed for the 2001-2003 biennium provided the sponsoring organization was in full compliance with all of the terms of the 1999-2001 contract, as evidenced by the on-site compliance reviews.

(4))) An initial contract ((funded for the 2001-2003 biennium, and any contract funded thereafter)) may be renewed for one ensuing biennium provided the sponsoring organization was in full compliance with the contract and performance indicators established by the executive director.

[07-23-089, recodified as 131-49-140, filed 11/20/07, effective 11/20/07. Statutory Authority: Chapter 28B.04 RCW. 01-01-050, amended and recodified as 250-44-140, filed 12/11/00, effective 1/11/01. Statutory Authority: RCW 28B.10.806 and chapter 28B.04 RCW as amended. 95-07-087 (Order 95-02), 250-44-110, filed 3/16/95, effective 4/16/95; 93-07-061 (Resolution No. 93-8), 250-44-110, filed 3/17/93, effective 4/17/93; 91-14-009, 250-44-110, filed 6/24/91, effective 7/25/91. Statutory Authority: Chapter 28B.04 RCW as amended. 89-08-056 (Order 1-89, Resolution No. HECB 89-3), 250-44-110, filed 3/31/89; 87-16-061 (Order 4-87, Resolution No. 87-57), 250-44-110, filed 7/31/87; 85-10-022 (Order 1/85, Resolution No. 85-44), 250-44-110, filed 4/23/85; 84-14-084 (Order 2/84, Resolution No. 84-76), 250-44-110, filed 7/3/84; 83-14-041 (Order 3/83, Resolution No. 83-66), 250-44-110, filed 6/30/83; 82-23-017 (Order 11/82, Resolution No. 83-21), 250-44-110, filed 11/8/82; 82-15-018 (Order 2-82, Resolution No. 82-54), 250-44-110, filed 7/12/82. Statutory Authority: RCW 28B.10.806. 79-09-042 (Order 7-79, Resolution No. 80-4), 250-44-110, filed 8/17/79.]

Washington State Code Reviser's Office