Subject of Possible Rule Making: The department is revising and reorganizing chapter 388-06 WAC; repealing WAC 388-06-0500 through 388-06-0720, and creating two new chapters, chapter 388-06A WAC relating to department background check requirements, including the one hundred twenty-day provisional hire; and chapter 388-06B WAC relating to DSHS employee background check requirements. Revisions to WAC 388-06-0010 through 388-06-0260 and other related rules may be made as appropriate.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.43.832, 74.39A.056.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is revising and reorganizing chapter 388-06 WAC and creating two new chapters to comply with RCW 43.43.832(4) and to provide clarity for the affected individuals and organizations. Chapter 388-06 WAC will be revised to contain children's administration and division of developmental disabilities programmatic background check requirements only. Existing department-wide and DSHS employee background check requirements will be repealed in chapter 388-06 WAC and included in two new chapters. Chapter 388-06A WAC will be created to contain general department-wide background check requirements, including one hundred twenty day provisional hire and the DSHS secretary's lists of crimes and negative actions. Chapter 388-06B WAC will be created to contain the DSHS employee background check requirements. This rule making is intended to adopt current department practice and standards into rule and does not create new background check requirements.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cindy LaRose-Eatwell, DSHS Background Check Central Unit, P.O. Box 45025, Olympia, WA 98504-5025, phone (360) 902-8072, fax (360) 902-7555, e-mail cindy.larose@dshs.wa.gov.

July 16, 2012

Katherine I. Vasquez

Rules Coordinator

© Washington State Code Reviser's Office