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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 Public Comment Period
Continuance of the public comment period filed as WSR 18-08-019
Proposed Rules filed as WSR 18-05-101
Notification Start of Rulemaking
Rulemaking Docket

Timeline

Date Activity
   
03/23/2018 Continuance of the public comment period (CR-102) filed as WSR 18-08-019 for online publication in Issue 18-08 of the Washington State Register. Submit your thoughts throughout the rulemaking via the Debarment Fines Rulemaking Online Feedback Form
02/21/2018 Proposed rules (CR-102) filed as WSR 18-05-101 and published online in the Washington State Register Issue 18-05. Submit your thoughts throughout the rulemaking via the Debarment Fines Rulemaking Online Feedback Form.  
03/22/2017 Re-start of rulemaking – Preproposal Statement of Inquiry – CR-101 WSR 17-07-137 filed with the Office of the Code Reviser and published online in the Washington State Register Issue 17-07.
03/22/2017 Expiration of Preproposal Statement of Inquiry (CR-101) filed as WSR 15-18-112.
03/22/2016 Start of rulemaking – Preproposal Statement of Inquiry – CR-101 filed as WSR 15-18-112 and published online in Issue 15-18 of the Washington State Register.
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.

Rules adopted in the past 6 months

Charges for Public Records

Temporary rules

HB 1595 which passed during the 2017 legislative session, changed 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 did not have such rules in place.

Because of this, DES adopted emergency rules so that DES can continue to provide public records while permanent rule-making takes place.

Permanent rules

Enterprise Services has adopted rules amending 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.

Important Documents

Rulemaking Overview
Adopted rules
Comprehensive Explanatory Statement
Proposed rules
Notification Start of Rulemaking
Rulemaking Docket

Date Activity
04/10/2018 Permanent rules filed with the Office of the Code Reviser as WSR 18-09-014.  Permanent rules will be published in Issue 18-09 of the Washington State Register.
01/08/2018 Agency Director adopts rules.
02/05/2017 An opportunity to provide oral comment is available at a Public Hearing to be held in Room 1213, 1500 Jefferson, Olympia, WA, on December 5, 2018, at 10 a.m. to 12 p.m.
11/01/2017 Proposed rules filed with the Office of the Code Reviser as WSR 17-22-139 and published online in the Washington State Register Issue 17-22. 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 17-16 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 has added a new chapter to Risk Management rules under Title 200 WAC. This new chapter implements Bill 5581 governing public benefit hospital self-insurance programs.

Important Documents

Adopted rules
Comprehensive Explanatory Statement
Proposed rules
Notification Comment on updated preliminary rules
Notification Work Session
Preliminary Rules
Frequently Asked Questions
Notification Start of Rulemaking
Rulemaking Docket

Timeline

 

Date Activity
07/17/2018 Permanent rules filed with the Office of the Code Reviser as WSR 18-09-086.  Permanent rules will be published in Issue 18-09 of the Washington State Register.
03/23/2018 Agency Director adopts rules.  Read the Comprehensive Explanatory Statement.
01/22/2018 An opportunity to provide oral comment is available at a Public Hearing to be held in Room 1213, 1500 Jefferson, Olympia, WA, on February 27, 2018, at 10 a.m. to 12 p.m.
01/17/2018

Start of official public comment period – Proposed Rules- CR-102 filed with the Office of the Code Reviser and published in Issue 18-03 of the Washington State Register as WSR 18-03-099 .

Submit your comments throughout the comment period via the Public-Benefit Hospital Rulemaking Online Feedback Form.

11/9/2017 Enterprise Services together with interested stakeholders has made changes to the preliminary rules.  The updated preliminary rules are available for additonal comment through December 1.   Submit your thoughts throughout the rulemaking via the Public-Benefit Hospital Rulemaking Online Feedback Form.

Work session information

Date: Oct. 17

Time: 2 p.m.
Place: 1500 Jefferson, Olympia, WA, Room 2320

Enterprise Services will hold a work session with interested stakeholders on Oct. 17.

During the work session, Enterprise Services and stakeholders will collaborate and jointly develop rules. As a starting point, Enterprise Services has developed an FAQ  and preliminary draft rules document for discussion purposes, which we expect will be modified during our conversations.

The outcome of the work session will be proposed rules. Shortly after the work session, Enterprise Services will share a copy of the draft rules before filing the proposed rules with the Office of the Code Reviser. The proposed rules filed with the Code Reviser will then be published in the next Washington State Register.

There will be a formal public comment period on the proposed rules, once submitted.

08/14/2017 WSR 17-07-176 published online in Issue 17-07 of the Washington State Register. 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 – has updated and clarified rules governing local government self-insurance rules related to health and welfare programs. These rules have been out of date since 2010 and rulemaking was 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 were necessary to current Risk Management rules under Title 200 WAC.

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

  Rule to be published in the Washington State Register Issue 17-22
08/16/2017 Permanent rule filed as WSR 17-22-048
08/16/2017 Rule reviewed and adopted 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
  • 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).