WSR 17-15-037 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Financial Services Administration) [Filed July 11, 2017, 9:04 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-07-122. Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-06-0700 What definitions apply to WAC 388-06-0710 through 388-06-0720? and create new WAC 388-06-0800 When must BCCU include a statement about a certificate of restoration of opportunity? and 388-06-0810 Does a certificate of restoration of opportunity apply to any state abuse and neglect registry? Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on August 22, 2017, at 10:00 a.m. Date of Intended Adoption: Not earlier than August 23, 2017. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 22, 2017. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by August 8, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email KildaJA@dshs.wa.gov. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 9.97.020 (4)(a) mandates rule making by the department regarding the inclusion of certificates of restoration of opportunity (CROP) as part of reports, letters, or other assessments, and the application of a CROP to the state abuse and neglect registries. The proposed rules add language to explain when a CROP will be a part of such assessments and when they are not required, and clarify and update the definitions related to the background check central unit of the department and its processes. Reasons Supporting Proposal: See Purpose above. Statutory Authority for Adoption: RCW 9.97.020. Statute Being Implemented: RCW 9.97.020. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: DSHS, governmental. Name of Agency Personnel Responsible for Drafting: Teva Weissman, P.O. Box 45025, Olympia, WA 98504-5025, (360) 902-0237; Implementation and Enforcement: Kerry Breen, P.O. Box 45025, Olympia, WA 98504-5025, (360) 902-7823.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and concluded that they do not impact small businesses and are further exempt under RCW 19.85.025. A cost-benefit analysis is not required under RCW 34.05.328. The department has analyzed the proposed rules and concluded they do not meet the definition of "significant legislative rule" under RCW 34.05.328 (5)(c)(iii). July 7, 2017 Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-16-083, filed 7/30/10, effective 8/30/10)
WAC 388-06-0700 What definitions apply to WAC ((388-06-0710)) 388-06-0700 through ((388-06-0720)) 388-06-0800?
The following definitions apply to WAC 388-06-0700 through 388-06-0810:
"Applicant" means an employee, volunteer, student, intern, licensee, service provider, contractor, or other individual who is the subject of the background check and who will work in a position that:
(1) May have unauthorized access to vulnerable adults, the developmentally disabled, juveniles, or children; or
(2) Is designated by the department as having access to sensitive information.
"Authorized entity" means a department ((of social and health services)), administration, division, program, unit, service provider, licensee, contractor, or other public or private ((agency)) entity that has permission from the department to ((conduct)) submit and receive background checks through ((the background check central unit)) BCCU.
(("Background check applicant" means an employee, volunteer, student, intern, licensee, service provider, contractor or other individual who is the subject of the background check and who will work in a position that:
(1) May have unsupervised access to vulnerable adults, juveniles or children as described in WAC 388-06-0610; or
(2) Is designated by the department as a sensitive position.))
"Background check central unit" or "BCCU" is the program responsible for conducting background checks for the department ((of social and health services)).
(1) ((The background check central unit)) BCCU is responsible for:
(a) Compiling background check information from external and internal data sources; ((and))
(b) Determining whether an applicant's background check information matches the appropriate department list of disqualifying crimes and negative actions; and
(c) Providing information to the authorized entity who requested the background check.
(2) ((The background check central unit)) BCCU does not:
(a) Make the final hiring, contracting, placement, or licensing decision for the department or authorized entity; ((or))
(b) Determine what program, service provider, licensee, contractor, or other public or private agency qualifies as an authorized entity; or
(c) Determine what crimes and negative actions are disqualifying under the respective department lists.
"Background check result" means a written notification that provides information on the results of the background check process conducted for a background check applicant. A disqualify result, review required result, or no record result are all background check results.
"Certificate of restoration of opportunity" or "CROP" means a certificate obtained under chapter 9.97 RCW.
"Department" means the department of social and health services.
"Disqualify result" means that BCCU has determined that the applicant's background check information has one or more items requiring automatic disqualification.
"No record result" means that BCCU has determined that no background information has been reported requiring automatic disqualification or review.
"Review required result" means that BCCU has determined that the applicant has one or more items of background check information, none of which require automatic disqualification.
NEW SECTION
WAC 388-06-0800 When must BCCU include a statement about a certificate of restoration of opportunity?
(1) BCCU must include a statement about any existing CROP in background check results for all background check applicants that the department is authorized to disqualify for a license, certificate of authority, qualification to engage in the practice of a profession or business, or for admission to an examination to qualify for such a license or certificate, except as provided for in subsections (2) through (4) of this section.
(2) BCCU is not required to include a statement about any existing CROP for an applicant who is exempt under chapter 9.97 RCW.
(3) BCCU is not required to include a statement about any existing CROP when BCCU issues any interim communications, including when:
(a) Requesting additional information;
(b) Notifying about an error;
(c) Rejecting a form;
(d) Requesting a thumbprint; or
(e) Any other communication that does not assess the final results of a processed background check.
(4) BCCU is not required to include a statement about any existing CROP in any no record result.
NEW SECTION
WAC 388-06-0810 Does a certificate of restoration of opportunity apply to any state abuse and neglect registry?
A CROP does not apply to the state abuse and neglect registry. No finding of abuse, neglect, or misappropriation of property may be removed from the registry based solely on a CROP.
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