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Current Rulemaking

 

Debarment Fines

State law under RCW 39.26.200 allows the director of the Department of Enterprise Services to debar a vendor from future state contracting opportunities. In 2013, Enterprise Services put rules in place laying out the debarment process (see chapter 200-305 WAC).

In the 2015 legislative session, the Legislature authorized Enterprise Services to fine a contractor as an alternative to debarment. However, Enterprise Services must first establish the fining process by rule. See SHB 1447.

Important Documents

Rulemaking Overview
Notification Start of Rulemaking
Rulemaking Docket

Timeline

Date Activity
04/05/2016 WSR 15-18-112 published online in the Washington State Register Issue 15-18.
03/22/2016 Start of rulemaking – Preproposal Statement of Inquiry – CR-101 WSR 15-18-112 filed with the Office of the Code Reviser
10/19/2015 Stakeholder Workshop - Private Businesses
Monday, Oct. 19, from 1:30 to 4 p.m.
Workshop will be held in Olympia at 1500 Jefferson St., Room 2208.
10/05/2015 Stakeholder Workshop - State agencies
Monday, Oct. 5, from 9 to 11:30 a.m.
Workshop will be held in Olympia at 1500 Jefferson St., Room 2208.
09/21/2015 Stakeholder Workshop - Procurement Customer Advisory Group
Monday, Sept. 21, from 1:30 to 4 p.m.
Workshop will be held in Olympia at 1500 Jefferson St., Room 2208.
09/16/2015 WSR 15-18-112 published online in the Washington State Register Issue 15-18.
09/02/2015 Start of rulemaking – Preproposal Statement of Inquiry – CR-101 WSR 15-18-112 filed with the Office of the Code Reviser
07/01/2015 Placed on the agency rulemaking agenda. Preproposal filing anticipated in July 2015 and proposed rule filing anticipated by November 2015.
04/21/2015 Governor signs SHB 1447 authorizing the Department of Enterprise Services to impose fines as an alternative to debarment. SHB 1447 further directs the department to establish a civil fining process by rule.

Public Records

HB 1595 which passed during the 2017 legislative session, changes the circumstances under which an agency may charge or waive charges for providing public records.  Prior to HB 1595, rules were not required for an agency to charge for providing public records when using the fees laid out in state law or to waive charges altogether. Rules are now required and DES does not have such rules in place.

Because of this, DES has adopted emergency rules so that DES can continue to provide public records while permanent rule-making takes place.  Emergency rules are temporary in nature and expire 120 days after filing.

Permanent rules

Enterprise Services – in collaboration with stakeholders and customers – intends to make changes to Chapter 200-01 WAC in order to allow DES to either 1) waive charges for providing public records or 2) charge for providing public requests using the fees laid out in RCW 42.56.130 as amended by HB 1595.

Anyone interested can participate in the development of the proposed rule before publication in the Washington State Register. Current information about the rulemaking will be posted on this page as rulemaking progresses. In addition, you can identify yourself as an interested party by emailing jack.zeigler@des.wa.gov with your contact information.

Important Documents

Rulemaking Overview
Notification Start of Rulemaking
Rulemaking Docket

Timelines

 

Date Activity
08/14/2017 WSR 17-07-173 published online in the Washington State Register Issue. Submit your thoughts throughout the rulemaking via the Public Records Rulemaking Online Feedback Form.
08/14/2017 Emergency rules published online in the Washington State Register Issue as WSR 17-16-160 
08/02/2017 Start of rulemaking – Preproposal Statement of Inquiry – CR-101 filed with the Office of the Code Reviser as WSR 17-16-173
08/02/2017 Emergency rules CR-103e filed with the Office of the Code Reviser as WSR 17-16-160 

Public Benefit Hospital Self-Insurance Programs

Enterprise Services – in collaboration with stakeholders and customers – intends to add a new chapter to Risk Management rules under Title 200 WAC.  This new chapter is needed to implement Bill 5581 governing public benefit hospital self-insurance programs.

Anyone interested can participate in the development of the proposed rule before publication in the Washington State Register. Current information about the rulemaking will be posted on this page as rulemaking progresses. In addition, you can identify yourself as an interested party by emailing jack.zeigler@des.wa.gov with your contact information.

Important Documents

Notification Start of Rulemaking
Rulemaking Docket 

Timeline

 

Date Activity
08/14/2017 WSR 17-07-176 published online in the Washington State Register Issue. Submit your thoughts throughout the rulemaking via the Public-Benefit Hospital Rulemaking Online Feedback Form.
08/02/2017 Start of rulemaking – Preproposal Statement of Inquiry – CR-101 WSR 17-16-176 filed with the Office of the Code Reviser

Local Government Self-Insurance related to Health and Welfare Programs

Enterprise Services – in collaboration with stakeholders and customers – intends to update and clarify rules governing local government self-insurance rules related to health and welfare programs. These rules have been out of date since 2010 and rulemaking is needed to reflect recent federal healthcare changes, the 2011 transition of Risk Management from OFM to DES, and to clarify financial solvency standards and reporting requirements.

Because of these circumstances, changes are necessary to current Risk Management rules under Title 200 WAC.

Anyone interested can participate in the development of the proposed rule before publication in the Washington State Register. Current information about the rulemaking will be posted on this page as rulemaking progresses. In addition, you can identify yourself as an interested party by emailing jack.zeigler@des.wa.gov with your contact information.

Important Documents

Rulemaking Overview
Notification Start of Rulemaking
Rulemaking Docket
Preliminary Draft Rules: Local Government Self-Insurance Health and Welfare Programs
Notification - Draft rules available in advance of filing
Notification - Start of comment period on proposed rules
Proposed Rules:  Local Government Self-Insurance Health and Welfare Programs
Public Hearing Transcript
Comprehensive Explanatory Statement

Timeline

Date

Activity

08/09/2017 through 08/16/2017 Next step - Review and adoption of the rule by the agency Director.
08/08/2017

A concise explanatory statement has been prepared in advance of adoption.  The concise explanatory statement:

  • Identifies the agency's reasons for adopting the rule,
  • Lays out the differences between the proposed rule and the adopted rule - stating the reasons for the differences,
  • Summarizes and responds to the comments received, and
  • Lays out how the final rule reflects the agency's consideration of the comments.
07/27/2017 Public comment period closes.  Oral and written comments are now available.  Read the official transcript of the public hearing.
07/25/2017

An opportunity to provide oral comment is available at a Public Hearing to be held in Room 2320, 1500 Jefferson, Olympia, WA, on July 25, 2017, at 2 p.m. to 4 p.m.

07/05/2017 Proposed rules published in the Washington State Register Issue 17-13 by the Office of the Code Reviser as WSR 17-13-115.
06/20/2017 Start of official public comment period – Proposed Rules- CR-102 filed with the Office of the Code Reviser. Submit your comments throughout the comment period  via the Self-Insurance Rulemaking Online Feedback Form.
06/12/2017 Work sessions result in draft rules.  The draft rules are now available in advance of our intent to formally file proposed rules on June 21.
Work Session Times and Locations:

May 16
2:00 p.m. to 5 p.m.
1500 Jefferson Street, Room 2208
Olympia, WA 98504

May 18
9:00 a.m. to 12:00 p.m.
Student Union Building, VIP Conference Room

Spokane Falls Community College
3410 W. Fort George Wright Dr.
Spokane, WA 99224-5288

Maps and Directions

Rulemaking Approach

DES will hold two work sessions with interested stakeholders; One will be held in Eastern Washington and one will be held in Western Washington. During these work sessions, DES and stakeholders will collaborate and jointly develop rules. As a starting point, DES has developed a strawman rules document which we expect will be modified during our conversations.

Shortly after the second work session, DES will share a copy of the draft rules before we file the proposed rules with the Office of the Code Reviser. The rules filed with the Code Reviser will be published in the next Washington State Register.

04/05/2017 WSR 17-07-138 published online in the Washington State Register Issue. Submit your thoughts throughout the rulemaking via the Self-Insurance Rulemaking Online Feedback Form.
03/22/2017 Start of rulemaking – Preproposal Statement of Inquiry - CR-101 filed with the Office of the Code Reviser (pdf).

Rules adopted in the past 6 months

 

DES has adopted no rules in the past 6 months