Effective Date of Rule: Thirty-one days after filing.

     Purpose: The department is amending existing sections and adding new sections to chapter 388-101 WAC, Certified community residential services and supports. The purpose of amending and adding to these rules is to make editorial and clarifying changes and to make the rules consistent with current law and standards. The anticipated effects are to make the rules clearer, easier to read, understand and apply.

     The department is proposing new sections WAC 388-101-3165 Access to certification evaluation report and plan of correction, 388-101-3205 Liability insurance required, 388-101-3206 Liability insurance required -- Commercial general liability insurance or business liability insurance coverage, 388-101-3207 Liability insurance required -- Professional liability insurance coverage, 388-101-3372 Medical devices, 388-101-4269 Individual defined, 388-101-4350 Notice -- Service complete, and 388-101-4360 Notice -- Proof of service.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-101-3060, 388-101-3080, 388-101-3090, 388-101-3250, 388-101-3520, 388-101-4010, 388-101-4170, 388-101-4270, 388-101-4280, 388-101-4290, 388-101-4300, 388-101-4310, 388-101-4320, 388-101-4330, and 388-101-4340.

     Statutory Authority for Adoption: RCW 71A.12.080.

      Adopted under notice filed as WSR 09-21-094 on October 20, 2009.

     Changes Other than Editing from Proposed to Adopted Version: The changes, other than editing changes, follow (changes are shown below with new language underlined and deleted text lined through):

     WAC 388-101-3055 Application for initial certification -- Liability insurance required. (1) The applicant must submit insurer executed evidence of liability insurance coverage before certification.

     (2) The coverage and evidence of coverage must comply with the requirements of WAC 388 101 3206 and 388 101 3207.

     WAC 388-101-3080 The department may deny -- Application.

     (1) The department may deny an application for initial certification if the department has determined:

     (a) That funding is not available; or

     (b) There is not a programmatic need for additional service providers in the area of the state the applicant intends to serve.

     (2) The department may deny the application for initial certification or change of ownership if any person named in the application has:

     (1a) Shown a lack of the understanding, character, ability, or emotional stability that is necessary to meet the identified needs of vulnerable adults;

     (2b) Had a contract terminated or a certification or license revoked or denied by the department, or has been subjected to department enforcement actions;

     (3c) Had a contract terminated, or a certification or license revoked or denied in another state, or has been subjected to an enforcement action in another state;

     (4d) Obtained or attempted to obtain a license or certification by fraudulent means or misrepresentation;

     (5e) Relinquished or been denied a license or license renewal to operate a home or facility that was licensed for the care of children or vulnerable adults;

     (6f) Refused to permit authorized department representatives to interview clients or to have access to client records;

     (7g) Been convicted of a drug-related conviction within the past five years without evidence of rehabilitation, unless denial is required under WAC 388-06-0180(4); or

     (8h) Been convicted of an alcohol-related conviction within the past five years without evidence of rehabilitation.

     (9) Been convicted of any felony that the department determines is reasonably related to the competency of the person to be involved in the ownership or operation of the service provider.

     WAC 388-101-3090 The department must deny -- Application.

     (1) The department must deny an application for initial certification or change of ownership if any person named in the application has been:

     (a) Been Cconvicted of a crime listed under WAC 388-06-0170(1);

     (b) Been Cconvicted of a disqualifying crime under WAC 388-06-0180;

     (c) Been Ffound by a court in a criminal proceeding, a protection proceeding, or in a civil damages lawsuit under chapter 74.34 RCW, to have abused, neglected, abandoned, or financially exploited a vulnerable adult;

     (d) Been Ffound in any dependency action to have abused, sexually assaulted, neglected, financially exploited, or abandoned physically abused any minor or vulnerable adult by a court of law or a disciplining authority, including the department of health. Examples of legal proceedings in which such findings could be made include juvenile court proceedings under chapter 13.34 RCW, domestic relations proceedings under Title 26 RCW, and vulnerable adult protection proceedings under chapter 74.34 RCW;

     (e) A substantiated finding of abuse or neglect of a child that is:

     (i) Listed on the department's background check central unit (BCCU) report; or

     (ii) Disclosed by the individual, except for findings made before December 1998; or

     (f) A substantiated finding of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult that is:

     (i) Listed on any registry, including the department's registry;

     (ii) Listed on the department's background check central unit (BCCU) report; or

     (iii) Disclosed by the individual, except for Adult Protective Services findings made before October 2003.

     (e) Found by a court in a domestic relations proceeding under Title 26 RCW, or any comparable state or federal law, to have sexually abused, exploited, or physically abused any minor;

     (f) Found in any final decision issued by a disciplinary board to have sexually or physically abused or exploited any minor or to have abused, neglected, abandoned, or financially exploited any vulnerable adult, as defined under chapter 74.34 RCW; or

     (g) Found to have abused, neglected, financially exploited, abandoned, or mistreated a minor or vulnerable adult, as defined in chapter 74.34 RCW, and the finding has been entered on any department registry or on any state or federal agency list.

     (2) The department must deny an application for initial certification or change of ownership if any person named in the application has a pending criminal charge for a crime that is disqualifying under this section as described in WAC 388-06-0200.

     WAC 388-101-3205 Liability insurance required. Ongoing.

     The service provider must:

     (1) Obtain liability insurance upon certification and Mmaintain the liability insurance as required in WAC 388-101-3206 and 388-101-3207; and

     (2) Have evidence of liability insurance coverage available if requested by the department.

     WAC 388-101-3250 Background checks.

     (1) Service providers must follow the background check requirements described in chapter 388-06 WAC and in this chapter. In the event of an inconsistency, this chapter applies.

     (2) The service provider must obtain background checks including, but not limited to background inquiries and criminal history disclosure from the department for all administrators, employees, volunteers, students, and subcontractors who may have unsupervised access to clients.

     (3) The service provider must not allow the following persons to have unsupervised access to clients until the service provider receives successful background check results from the department verifying that the person does not have any convictions, pending criminal charges, or findings described in WAC 388-101-3090:

     (a) Administrators;

     (b) Employees;

     (c) Volunteers or students; and

     (d) Subcontractors.

     (4) If the background check results show that the individual has a conviction, pending criminal charge, or finding that is not disqualifying under WAC 388-101-3090, then the service provider must conduct a character, suitability, and competence review as described in WAC 388-06-0190.

     (54) Persons identified in subsection (2) of this section who have lived in Washington state less than three years or who are otherwise required to complete a fingerprint-based background check may be hired for a one hundred twenty-day provisional period when:

     (a) The person is not disqualified based on the initial result of the background check from the department; and

     (b) A fingerprint-based background check is pending.

     (65) The service provider must notify the person, within ten days of receiving the result, that he or she may request a copy of the background check.

     (76) The service provider must renew the background check at least every thirty-six months and keep current department background checks for each administrator, employee, volunteer, student, or subcontractor of a service provider.

     (87) Licensed boarding homes or adult family homes must adhere to the current regulations in this chapter and in the applicable licensing laws.

     (98) Service providers must prevent unsupervised access to clients by any administrator, employee, subcontractor, student, or volunteer who has a disqualifying conviction, pending criminal charge, or finding described in WAC 388-101-3090.

     (10) Nothing in this section should be interpreted as requiring the employment of any person against the better judgment of the service provider.

     WAC 388-101-3372 Medical devices.

     (1) For purposes of this section the term "medical device" means any piece of medical equipment used to treat a client's assessed need.

     (2) Use of some medical devices often poses a safety risk for clients. Examples of medical devices with known safety risks are transfer poles, helmets, straps and belts on wheelchairs or beds, and bed side rails.

     (3) Medical devices with known safety risks must not be used by the service provider:

     (a) As a restraint; or

     (b) For staff convenience.

     (4) Before using medical devices with known safety risks for any client, the service provider must:

     (a) Review the client's assessment to identify the client's need;

     (b) Identify and implement interventions that might decrease the need for the use of a medical device;

     (c) Document the use of less restrictive and less invasive options, successful or not;

     (d) Provide the client and client's family or legal representative with information about the anticipated benefits and safety risks of using the device to enable them to make an informed decision about whether or not to use the device;

     (e) Obtain a current physician's order that describes the medical necessity for use of the device and the anticipated duration of use; and

     (f) Provide written instructions to staff regarding safe and proper use of the device.

     The changes were made because of comments received and to make the requirements clearer.

SUMMARY OF COMMENTS RECEIVED	THE DEPARTMENT CONSIDERED ALL THE COMMENTS. THE ACTIONS TAKEN IN RESPONSE TO THE COMMENTS, OR THE REASONS NO ACTIONS WERE TAKEN, FOLLOW.
General Some comments reflected concerns that the revised rules would not be applied in a consistent and reasonable manner.	Evaluators will be provided guidance and training in the application and interpretation of these rules prior to implementation.
WAC 388-101-3055 Application for initial certification -- Liability insurance required. (1) Requiring liability insurance coverage before an agency enters into a contract may not be a reasonable standard.	A change was made in response to this comment. Proposed WAC 388-101-3055 was deleted. WAC 388-101-3205 was amended to require liability insurance upon certification instead of before certification.
WAC 388-101-3080 The department may deny -- Application. (1) The proposed language is not consistent with federal rules governing the DDD home and community based services waiver program. (2) The proposed language is not clear enough in identifying reasons that the department may deny an initial application for certification.	Changes were made in response to these comments. The department deleted language that was inconsistent with federal waiver requirements. Language was added to clarify when the department may deny an initial application for certification.
WAC 388-101-3090 The department must deny -- Application. (1) The proposed language is not clear enough in identifying when the department must deny an initial application for certification.	Changes were made in response to this comment. The department has added language to clarify when an initial application for certification must be denied.
WAC 388-101-3165 Access to certification evaluation report and plan of correction. (1) Who does "anyone" refer to? (2) Is this section subject to public disclosure laws? The section does not place any time lines in making the documents available. (3) Referenced document is a public document. The proposed rule is unnecessary.	No changes were made in response to comments (1) and (2). They do not include any specific recommendations. No changes were made in response to comment (3). Service providers can determine the method they use to make the information available to persons who request it.
WAC 388-101-3206 Liability insurance required -- Commercial general liability insurance or business liability insurance coverage. (1) Coverage for acts and omissions of employees and volunteers is an additional requirement not in contract. Creates significant financial hardship to providers.	No change was made in response to this comment. The current community residential services contract already requires coverage for the acts and omissions of the contractor's employees and volunteers.
WAC 388-101-3250 Background checks. (1) This section needs to clarify when providers must prevent unsupervised access to clients and when they must conduct character, competency, and suitability reviews.	Changes were made in response to these comments. Language was added to clarify when service providers must prevent unsupervised access to clients and when they must conduct character, competency, and suitability reviews.
WAC 388-101-3372 Medical devices. (1) Does "straps and belts on wheelchairs" include the wheelchair seatbelt? (2) The term "medical device" is too wide open for interpretation. There should be a list of all devices that the requirement applies to. (3) The definition of medical devices is too broad and should be limited to those devices which may restrict or limit movement or mobility or may otherwise cause a potential safety risk. (4) Subsection (4)(a) through (d) impose a medical model on providers and are unreasonable expectations for a nonmedical program.	A change was made in response to comments (1) through (3) regarding this section. Language has been added to clarify that the rule applies to medical devices with known safety risks. No change was made in response to comment (4). If the service provider uses a medical device with a known safety risk for a client, they need to make sure they try less restrictive and less invasive options before use. The requirement is necessary for the protection of client health and safety.
WAC 388-101-3520 Shared expenses and client related funds. (1) Equitable means "fair." It is not clear if the rule means client shares should be proportionate to their income. Suggest the wording be changed to "shared proportionately."	No change was made in response to this comment. The rule requires providers to ensure that common household expenses are shared among clients in a fair manner.

     A final cost-benefit analysis is available by contacting John Gaskell, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-3210, fax (360) 438-7903, e-mail gaskejw@dshs.wa.gov.

     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, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 8, Amended 15, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 8, Amended 15, Repealed 0.

     Date Adopted: January 14, 2010.

Susan N. Dreyfus

Secretary

     (a) The business entity ownership; or

     (b) The form of legal organization.

     (2) ((The service provider)) When applying for a change of ownership, an applicant may be required to provide any or all items listed in WAC 388-101-3050.

     (3) For group homes, applicants must also meet the applicable change of ownership requirements found in:

     (a) WAC 388-76-10105 for licensed adult family homes; or

     (b) WAC 388-78A-2770 through 388-78A-2787 for licensed boarding homes.

     (4) If the applicant is not a current service provider, the applicant must apply for initial certification.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-3060, filed 12/21/07, effective 2/1/08.]

     (1) ((Has)) Shown a lack of the understanding, character, ability, or emotional stability that is necessary to meet the identified needs of vulnerable adults;

     (2) Had a ((department)) contract((,)) terminated or a certification((,)) or license ((withdrawn)) revoked or denied by the department, or has been subjected to department enforcement actions;

     (3) Had a contract terminated, or a certification((,)) or license ((withdrawn)) revoked or denied in another state, or ((was)) has been subjected to an enforcement action in another state;

     (4) Obtained or attempted to obtain a license or certification by fraudulent means or misrepresentation;

     (5) ((Has)) Relinquished or been denied a license or license renewal to operate a home or facility that was licensed for the care of children or vulnerable adults;

     (6) Refused to permit authorized department representatives to interview clients or to have access to client records;

     (7) ((Has)) Been convicted of a drug-related conviction within the past five years without evidence of rehabilitation, unless denial is required under WAC 388-06-0180(4); or

     (8) ((Has)) Been convicted of an alcohol-related conviction within the past five years without evidence of rehabilitation.

     (9) Been convicted of any felony that the department determines is reasonably related to the competency of the person to be involved in the ownership or operation of the service provider.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-3080, filed 12/21/07, effective 2/1/08.]

     (((1))) (a) Been convicted of a crime ((against children or other persons or crimes relating to financial exploitation as defined under RCW 43.43.830 or 43.43.842)) listed under WAC 388-06-0170(1);

     (b) Been convicted of a disqualifying crime under WAC 388-06-0180;

     (((2))) (c) Been found by a court in a criminal proceeding, a protection proceeding, or ((in)) a civil damages lawsuit under chapter 74.34 RCW, to have abused, neglected, abandoned, or financially exploited a vulnerable adult;

     (((3))) (d) Been found ((in any dependency action under chapter 13.34 RCW)) to have ((sexually assaulted)) abused, neglected, financially exploited, or ((physically abused any)) abandoned a minor or vulnerable adult by a court of law or a disciplining authority, including the department of health. Examples of legal proceedings in which such findings could be made include juvenile court proceedings under chapter 13.34 RCW, domestic relations proceedings under title 26 RCW, and vulnerable adult protection proceedings under chapter 74.34 RCW;

     (((4) Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused, exploited, or physically abused any minor;

     (5) Found in any final decision issued by a disciplinary board to have sexually or physically abused or exploited any minor or have abused, neglected, abandoned, or financially exploited any vulnerable adult as defined under chapter 74.34 RCW; or

     (6) The subject of a stipulated finding of fact, conclusion of law, an agreed order, finding of fact, final order issued by a disciplining authority or final decision by any federal or state agency or department, a court of law, or entered into a state registry or department or agency list with a finding of abuse, neglect, financial exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW)) (e) A substantiated finding of abuse or neglect of a child that is:

     (i) Listed on the department's background check central unit (BCCU) report; or

     (ii) Disclosed by the individual, except for findings made before December 1998; or

     (f) A substantiated finding of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult that is:

     (i) Listed on any registry, including the department's registry;

     (ii) Listed on the department's background check central unit (BCCU) report; or

     (iii) Disclosed by the individual, except for adult protective services findings made before October 2003.

     (2) The department must deny an application for initial certification or change of ownership if any person named in the application has a pending charge for a crime that is disqualifying under this section.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-3090, filed 12/21/07, effective 2/1/08.]

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     (1) Obtain liability insurance upon certification and maintain the insurance as required in WAC 388-101-3206 and 388-101-3207; and

     (2) Have evidence of liability insurance coverage available if requested by the department.

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     (1) Coverage for the acts and omissions of any employee and volunteer;

     (2) Coverage for bodily injury, property damage, and contractual liability;

     (3) Coverage for premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract; and

     (4) Minimum limits of:

     (a) Each occurrence--one million dollars;

     (b) General aggregate--two million dollars; and

     (c) For community protection service providers--three million dollars general aggregate.

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     (1) Coverage for losses caused by errors and omissions of the service provider, its employees, and volunteers; and

     (2) Minimum limits of:

     (a) Each occurrence--one million dollars; and

     (b) General aggregate--two million dollars.

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     (2) The service provider must obtain background checks including, but not limited to background inquiries and criminal history disclosure from the department for all administrators, employees, volunteers, students, and subcontractors who may have unsupervised access to clients.

     (((2))) (3) The service provider must not allow the following persons to have unsupervised access to clients until the service provider receives ((successful)) background check results from the department verifying that the person does not have any convictions, pending criminal charges, or findings described in WAC 388-101-3090:

     (a) Administrators;

     (b) Employees;

     (c) Volunteers or students; and

     (d) Subcontractors.

     (((3) Service providers or applicants)) (4) If the background check results show that the individual has a conviction, pending criminal charge, or finding that is not disqualifying under WAC 388-101-3090, then the service provider must conduct a character, suitability, and competence review as described in WAC 388-06-0190.

     (5) Persons identified in subsection (2) of this section who have lived in Washington state less than three years or who are otherwise required to complete a fingerprint-based background check may be hired for a one hundred twenty-day provisional period ((as allowed under law)) when:

     (a) The ((applicant or service provider)) person is not disqualified based on the initial result of the background check from the department; and

     (b) A fingerprint-based background check is pending.

     (((4))) (6) The service provider must notify the person, within ten days of receiving the result, that he or she may request a copy of the background check.

     (((5))) (7) The service provider must renew the background check at least every thirty-six months and keep current department background checks for each administrator, employee, volunteer, student, or subcontractor of a service provider.

     (((6))) (8) Licensed boarding homes or adult family homes must adhere to the current regulations in this chapter and in the applicable licensing laws.

     (((7))) (9) Service providers must ((follow the requirements of RCW 43.43.830 through 43.43.842 and RCW 74.15.030)) prevent unsupervised access to clients by any administrator, employee, subcontractor, student, or volunteer who has a disqualifying conviction, pending criminal charge, or finding described in WAC 388-101-3090.

     (10) Nothing in this section should be interpreted as requiring the employment of any person against the better judgment of the service provider.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-3250, filed 12/21/07, effective 2/1/08.]

     (2) Use of some medical devices poses a safety risk for clients. Examples of medical devices with known safety risks are transfer poles, helmets, straps and belts on wheelchairs or beds, and bed side rails.

     (3) Medical devices with known safety risks must not be used by the service provider:

     (a) As a restraint; or

     (b) For staff convenience.

     (4) Before using medical devices with known safety risks for any client, the service provider must:

     (a) Review the client's assessment to identify the client's need;

     (b) Identify and implement interventions that might decrease the need for the use of a medical device;

     (c) Document the use of less restrictive and less invasive options, successful or not;

     (d) Provide the client and client's family or legal representative with information about the anticipated benefits and safety risks of using the device to enable them to make an informed decision about whether or not to use the device;

     (e) Obtain a current physician's order that describes the medical necessity for use of the device and the anticipated duration of use; and

     (f) Provide written instructions to staff regarding safe and proper use of the device.

[]

     (3) If the service provider ((does not manage the client's funds and)) receives funds for the client from any source, the service provider must be able to show that all the funds received are:

     (((1))) (a) Given to the client or the client's legal representative;

     (((2))) (b) Deposited to the client's account; or

     (((3))) (c) Used only for the client.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-3520, filed 12/21/07, effective 2/1/08.]

     (3) For community protection clients with a history of sexual offending, the assessment by a certified sexual offender treatment provider or sexual offender treatment provider affiliate may serve as the functional assessment and treatment recommendations related to the sexual behaviors)) written by a qualified professional/therapist in accordance with any procedures published by the department.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4010, filed 12/21/07, effective 2/1/08.]

     (a) Immediately reporting mandated reporting incidents to:

     (i) The department and law enforcement;

     (ii) Appropriate persons within the service provider's agency as designated by the service provider; and

     (iii) The alleged victim's legal representative.

     (b) Protecting clients;

     (c) Preserving evidence when necessary; and

     (d) Initiating an outside review or investigation.

     (2) The service provider must not have or implement any policies or procedures that interfere with a mandated reporter's obligation to report.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4170, filed 12/21/07, effective 2/1/08.]

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     (b) Will include the necessary information for the alleged perpetrator to ask for an administrative hearing to challenge the preliminary finding)) serve notice of the preliminary finding as provided in WAC 388-101-4350.

     (2) ((The department must make a reasonable, good faith effort to determine the last known address of the alleged perpetrator.

     (3) The department will serve notice of the preliminary finding as provided in chapter 388-02 WAC.

     (4))) The department may ((extend the time frame for written notification beyond ten working days for good cause)) establish proof of service as provided in WAC 388-101-4360.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4270, filed 12/21/07, effective 2/1/08.]

     (((a))) (1) Other divisions within the department;

     (((b))) (2) The agency or program identified under RCW 74.34.068 with which the ((alleged perpetrator is)) individual was associated as an employee, volunteer or contractor;

     (((c))) (3) The employer or program that is currently associated with the individual ((alleged to have abandoned, abused, neglected, or financially exploited a client, if known));

     (((d))) (4) Law enforcement; ((and))

     (((e))) (5) Other entities as authorized by law and this chapter including investigative authorities consistent with chapter 74.34 RCW; and

     (6) The appropriate licensing agency.

     (((2) The notification will identify the finding as a preliminary finding.))

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4280, filed 12/21/07, effective 2/1/08.]

     (2) The request must be made in writing to the office of administrative hearings.

     (3) The office of administrative hearings must receive the ((alleged perpetrator's)) individual's written request for a hearing within thirty calendar days of the date written on the notice of the preliminary finding.

     (4) The written request for a hearing must include:

     (a) The full legal name, current address and phone number of the ((alleged perpetrator)) individual;

     (b) A brief explanation of why the ((alleged perpetrator)) individual disagrees with the preliminary finding;

     (c) A description of any assistance needed in the administrative appeal process by the ((alleged perpetrator)) individual, including a foreign language or sign language interpreter or any reasonable accommodation for a disability; and

     (d) The ((alleged perpetrator's)) individual's signature.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4290, filed 12/21/07, effective 2/1/08.]

     (2) Confidential information such as the name and other personal identifying information of the reporter, witnesses, or the client will be redacted from documents unless release of that information is consistent with chapter 74.34 RCW and other applicable state and federal laws.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4300, filed 12/21/07, effective 2/1/08.]

     (2) The administrative law judge shall determine whether the preliminary finding is supported by a preponderance of the evidence ((supports the preliminary finding that the alleged perpetrator abandoned, abused, neglected, or financially exploited a vulnerable adult, and shall issue a preliminary order)).

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4310, filed 12/21/07, effective 2/1/08.]

     (2) If the department appeals the administrative law judge's decision, the department will not modify the finding in the department's records until a final hearing decision is issued.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4320, filed 12/21/07, effective 2/1/08.]

     (a) The department gives the ((alleged perpetrator)) individual notice of the preliminary finding ((pursuant to)) under WAC 388-101-4270 and the ((alleged perpetrator)) individual does not request an administrative hearing;

     (b) The administrative law judge:

     (i) Dismisses the ((hearing)) appeal following withdrawal of the appeal or default; or

     (ii) Issues ((a preliminary)) an initial order upholding the finding and the ((alleged perpetrator)) individual fails to appeal the ((preliminary)) initial order to the department's board of appeals; or

     (c) The board of appeals issues a final order upholding the finding.

     (2) The final finding is permanent and will only be removed from the department's records if((:

     (a))) it is rescinded following judicial review((; or

     (b) The department may decide to remove the single finding of neglect from its records based upon a written petition by the alleged perpetrator provided that no further findings have occurred, and at least one calendar year has passed since the finding was finalized and recorded)).

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4330, filed 12/21/07, effective 2/1/08.]

     (a) The ((perpetrator)) individual against whom the final finding was made;

     (b) The service provider that was associated with the ((perpetrator)) individual during the time of the incident;

     (c) The service provider that is currently associated with the ((perpetrator)) individual against whom the final finding was made, if known;

     (d) The appropriate licensing, contracting, or certification authority; and

     (e) ((The)) Any federal or state ((department)) registry or ((agency)) list of individuals found to have abandoned, abused, neglected, or financially exploited a vulnerable adult.

     (2) The findings may be disclosed to the public upon request subject to applicable public disclosure laws.

[Statutory Authority: Chapter 71A.12 RCW. 08-02-022, § 388-101-4340, filed 12/21/07, effective 2/1/08.]

     (1) Personal service is made;

     (2) The notice is addressed to the service provider or to the individual at his or her last known address, and deposited in the United States mail;

     (3) The notice is faxed and the department receives evidence of transmission;

     (4) Notice is delivered to a commercial delivery service with charges prepaid; or

     (5) Notice is delivered to a legal messenger service with charges prepaid.

[]

     (1) A declaration of personal service;

     (2) An affidavit or certificate of mailing to the service provider or to the individual to whom the notice is directed;

     (3) A signed receipt from the person who accepted the certified mail, the commercial delivery service, or the legal messenger service package; or

     (4) Proof of fax transmission.

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