Title 200 WAC — Enterprise Services, Department of

Chapter 200-01 Public records.

Wash. Admin. Code § 200-01-010 Purpose.

(1) These rules establish the procedures DES will follow in order to provide full access to public records.

These rules (a) provide information to persons wishing to request DES public records and (b) establish processes for both requestors and DES staff to fully assist the public in obtaining such access.

(2) In carrying out its public records responsibilities DES will be guided by the provisions of chapter 42.56 RCW, Public Records Act.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-010, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-010, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-015 Definitions.

The definitions set forth in RCW 42.56.010 apply throughout this chapter. In addition, the definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Commercial purposes" means a business activity by any form of business enterprise intended to generate revenue or financial benefit.

(2) "Customary business hours" refers to Olympia administrative office hours which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays and days DES is closed.

(3) "Days" means calendar days unless otherwise stated.

(4) "DES" or "department" means the department of enterprise services established in chapter 43.19 RCW. Where appropriate, DES or agency also refers to the staff and employees of the department of enterprise services.

(5) "Director" means the director of the department of enterprise services.

(6) "Electronic format" or "electronic records" or "electronic records format" refer to digital records as distinct from paper; examples include email, Word or Excel documents, PDF or media files.

(7) "Page" means one impression/image on a single side of a sheet of paper. It also applies to one electronic image of a single side of a sheet of paper. For example, DES considers a physical sheet of paper with an impression/image on both sides as two pages.

(8) "Public Records Act" means the same as chapter 42.56 RCW.

(9) "Public records officer" means the public records officer or designee for the department of enterprise services appointed by the director.

(10) "Request" or "PRR" or "PRRs" means a public records request made pursuant to chapter 42.56 RCW.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-015, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-015, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-020 About the department of enterprise services.

Headquartered in Olympia and located in the 1500 Jefferson Building, 1500 Jefferson, Olympia, Washington, DES employs people, maintains service locations, and staffs major field offices in Olympia, across the state, and in Idaho. Contact and location information and the agency organizational chart are available on our website at des.wa.gov.

In addition to being a regulatory agency, DES provides services for state government, local governments, the public, private businesses, and state employees. DES is organized into the following service areas:

(1) Executive office and administrative services for the agency;

(2) Contracting and purchasing;

(3) Employee assistance program;

(4) Employee training and development;

(5) Facilities and leasing;

(6) Printing and mail;

(7) Risk management;

(8) Small agency services;

(9) Surplus; and

(10) Travel, cars, and parking.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-020, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-020, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-030 Public records officer.

(1) The public records officer is appointed by the director and is located in the Olympia office.

(2) The public records officer is in charge of the DES public records program. The public records officer is responsible for:

(a) Overseeing compliance with the Public Records Act;

(b) Implementing DES rules regarding the release of public records for inspection and copying;

(3) In compliance with DES policy, the public records officer may delegate a designee to act in the officer's place to carry out the responsibilities in this chapter, including processing and responding to public records requests. The DES public records officer will provide the fullest assistance to requestors.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-030, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-030, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-040 Processing of public records requests—Request.

(1) Publicly available web records.

Before submitting a PRR, persons seeking DES public records are strongly encouraged to first review the DES website at www.des.wa.gov.

Another website, data.wa.gov, offers data collected from a variety of government agencies. This website provides substantial numbers of public records concerning agency business that are free for viewing and downloading at any time and accessible without submitting a PRR to DES.

(2) Public Records Act requests. DES requires no special form. However, all Public Records Act requests to DES must be sent only to the public records officer in the Olympia office. DES will accept PRRs in any one of the following ways:

Email: publicrecords@des.wa.gov

U.S. mail or delivery:

Public Records Officer

Department of Enterprise Services

1500 Jefferson Street E.

P.O. Box 42445

Olympia, WA 98504-2445

Requestors are strongly encouraged to submit written requests. At a minimum, a written request must include the following information:

• Name of requestor;

• Contact information;

• Identification of the public records adequate for the public records officer to locate the records; and

• The date and time of day of the request.

(3) If the requestor wishes to have copies of the records made instead of inspecting them, the request should so indicate. Costs will be assessed in compliance with WAC 200-01-075.

DES accepts in-person requests at the Olympia administrative office during customary business hours. If DES receives an oral request, the public records officer will reduce the request to writing and verify in writing with the requestor that it correctly memorialized the request.

Only the Olympia administrative office is authorized to accept public records requests.

Offices other than the Olympia administrative office, other DES email addresses, other DES fax or phone numbers, and other DES staff are not authorized to accept Public Records Act requests to DES.

All communications with DES to access public records of the department or to seek assistance in making such a request, or for the purpose of obtaining information, making requests or making inquiries concerning the agency's rules for compliance with the Public Records Act shall be addressed as follows:

Public Records Officer

Department of Enterprise Services

1500 Jefferson Street E.

P.O. Box 42445

Olympia, WA 98504-2445

Communications seeking DES records sent or provided to unauthorized locations, addresses or staff, will not be accepted or processed as PRRs. DES will process such communications as general informal inquiries, general correspondence, general requests for information, or discovery, as appropriate. The requestor may resubmit his/her request to the public records officer at the Olympia office.

This Public Records Act records request procedure provides the fullest assistance to requestors by:

(a) Establishing a uniform point of contact for all Public Records Act requests to DES and related inquiries, consistent with the public records officer contact information published in the Washington State Register, and pursuant to RCW 42.56.580;

(b) Enabling DES to promptly distinguish PRRs from the high volume of other daily communications to DES on multiple topics. This enables timely responses and avoids excessive interference with essential agency functions as provided in RCW 42.56.100; and

(c) Ensuring that PRRs are centrally reviewed during customary business hours by the public records officer, so DES may more efficiently assign a tracking number to the request, log it in, review it, provide an initial or other response within five business days after receipt as provided in RCW 42.56.520, and otherwise timely process the request pursuant to the Public Records Act and these rules.

(4) Processing – General. The public records officer oversees compliance with the Public Records Act. The public records officer and the office will provide the fullest assistance to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the office. More information about submitting public records requests to the office is in this chapter and on the DES website.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-040, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-040, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-045 Processing of public records requests—Response.

(1) DES shall respond promptly to requests for records made under the Public Records Act. Within five business days of receiving a PRR, DES will log the request and assign the request a tracking number. The public records officer will evaluate the request according to the nature of the request, clarity, volume, and availability of requested records.

(2) Response. Following the initial evaluation of the request, and within five business days of receipt of the request, the public records officer will do one or more of the following:

(a) Make the requested records available for inspection or copying including:

(i) If copies are available on the DES website, provide an internet address and link on the website to specific records requested;

(ii) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor.

(b) Acknowledge receipt of the request and provide a reasonable estimate of when records or an installment of records will be available (the public records officer may revise the estimate of when records will be available); or

(c) Acknowledge receipt of the request and ask the requestor to clarify all or any part of the request that is unclear, and provide, to the greatest extent possible, a reasonable estimate of the time DES will require to respond to the unclear request or unclear part of a request if it is not clarified.

(i) Such clarification may be requested and provided by telephone and memorialized in writing, or by email or letter;

(ii) Clarification may include identifying a record with specificity sufficient for DES to locate or produce the record;

(iii) If the requestor fails to respond to a request for clarification and the entire request is unclear, DES need not respond to it. DES will respond to those portions of a request that are clear; or

(d) Deny the request.

(3) If requested records contain information that may affect rights of others and may be exempt from disclosure, then prior to providing the records, the public records officer may give notice to such others whose rights may be affected by the disclosure. When such notice is given, affected others at their option may contact the requestor and ask the requestor to revise the request. The affected others may, if necessary, seek a court order to prevent or limit the disclosure pursuant to RCW 42.56.540. The notice to all parties, to the affected others or to agencies will include a copy of the request.

(4) Additional time to respond. Additional time for the office to respond to a request may be based upon the need to clarify the request, locate and assemble the records requested, notify affected others or agencies affected by the request, or determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(5) Exemptions. Public records may be exempt from disclosure, in whole or in part. If DES believes that a record is exempt from disclosure and should be withheld (in whole or in part) the public records officer will provide an exemption log which will identify the record, state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld.

If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and state within the exemption log the specific exemption and provide a brief explanation of why the portions of the record are exempt from disclosure.

(6) Communication encouraged. If the requestor has not received a response in writing or has questions or concerns regarding the records request, the requestor is encouraged to contact the public records officer.

(7) The public records officer will close a request and notify the requestor that DES has closed the request administratively under the following conditions:

(a) When the requestor withdraws the request;

(b) When the requestor fails to fulfill an obligation to inspect the records; or

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-045, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-045, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-050 Inspection of public records.

(1) A requestor must notify DES in advance of their intent to inspect public records. Using the tracking ID that DES assigns to each public records request, a requestor must identify with specificity and in advance, the records the requestor wishes to inspect. DES will assist the requestor in scheduling an appointment for inspection and may propose convenient alternatives to an in-person visit. Public records will be available for inspection during customary business hours and when staff are available to assist the requestor.

(2) When the request to inspect is for a large number of records, the public records officer may schedule inspection in installments.

(3) DES will notify the requestor of the scheduled appointment. The requestor must inspect the requested records within thirty days of the scheduled appointment. If the requestor or a representative of the requestor fails to inspect the records within the thirty-day period or fails to make other arrangements, DES may close the request and refile the assembled records. If the requestor makes a request for the same records, it will be processed as a new request.

(4) Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency.

Inspections are conducted in accordance with the requirement that agencies protect the requested records from damage or disorganization. No member of the public shall remove a document from the inspection area or disassemble or alter any public record.

(5) After inspection is complete, the requestor may wish to identify which documents the requestor wishes the agency to copy.

(a) Where DES charges for copies, the requestor must pay for the copies prior to the copies being provided to the requestor.

(b) Electronic records will be provided as a link to the records on the DES website if the records are located on the website, or in a format used by DES and which is generally commercially available.

(6) When the inspection of the requested records is complete and any requested copies are provided, the public records officer will close the PRR.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-050, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-050, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-055 Protection of public records.

(1) DES will maintain its records in a reasonably organized manner. DES will take reasonable measures to protect records from damage and disorganization. If DES records are maintained in a digital format, they will be provided digitally in response to a PRR. If records are maintained and inspected on paper, a requestor may ask for copies.

(2) Records will be made available to the requestor for inspection subject to the following restrictions:

(a) Only the public records officer will remove records from the designated inspection area.

(b) The quantity of records may be limited in accordance with the available space.

(d) Records shall not be marked, altered, cut or mutilated in any way.

(e) During inspection, eating, drinking, and smoking are prohibited.

(f) Records shall not be defaced in any way including writing on, folding or folding anew if in folded form, tracing or fastening with clips or other fasteners except those that already exist in the file.

(g) Records must be kept in the order in which received.

(h) Departmental personnel will provide all requested copies of records.

(i) The public records officer will remove the records from the inspection area when no longer required by the requestor and no later than the end of the customary business hours.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-055, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-055, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-060 Response to public records request—Installments.

(1) When a response to a public records request is complex or involves a large number of records, the public records officer may provide access for inspection and copying in installments pursuant to RCW 42.56.080.

(2) The requestor will be notified when an installment is ready for inspection. If, within thirty days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer may close the request.

(3) When the request is for copies of public records, the public records officer may require payment for each installment either prior to providing the installment or prior to providing subsequent installments. In addition, the requestor may be required to provide a deposit up to ten percent of the estimated cost of copying all records selected by the requestor. If the requestor fails to pay the required cost within thirty days, the public records officer may close the request.

History

Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-060, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-065 Processing public records requests—Electronic records.

(1) The process for requesting electronic public records is the same as for requesting paper public records.

(2) When a requestor requests records in an electronic format, the public records officer will provide available nonexempt electronic public records or portions of such records that are reasonably locatable in an electronic format used by the agency and that is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record, or as otherwise agreed to between the requestor and the public disclosure officer.

(3) Whenever possible, DES will provide records in electronic format. If DES has only a paper copy of the record, the public records officer, when feasible, may scan the paper record and provide the resulting electronic copy to the requestor subject to any cost as provided for in WAC 200-01-075. If DES maintains the record in electronic format, the record will be provided in the maintained electronic format unless the requestor specifically asks to receive the record in paper copies or it is otherwise not feasible to provide the record in electronic format.

(4) If a record exists on a web page, DES will respond to a request for the record by providing the link to the record on the web page.

(5) Closing withdrawn or abandoned request. The public records officer will close a request when the requestor:

(a) Withdraws the request;

(b) Fails to clarify an entirely unclear request;

(d) Fails to pay a deposit;

(e) Fails to pay required fees for an installment;

(f) Fails to claim an installment;

(g) Fails to make final payment for the requested copies.

The public records officer will notify the requestor that DES has closed the request.

(6) Later discovered documents. If, after DES has informed the requestor that it has provided all available records, DES discovers additional responsive documents that existed at the time of the request, DES will promptly inform the requestor of the newly discovered additional documents and provide them on an expedited basis.

(7) DES is not required to create a record that does not otherwise exist.

(8) Costs for providing electronic records as provided in this section are governed by WAC 200-01-075.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-065, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-065, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-070 Exemptions.

(1) DES reserves the right to determine that a public record is exempt, in whole or in part, consistent with provisions of the Public Records Act or other applicable provision of law.

(2) Certain exemptions other than the Public Records Act itself restrict the disclosure of documents held by DES. Some examples of such other applicable statutory exemptions include, but are not limited to:

RCW 4.92.210: Privileged and confidential contents of risk management tort claims file.

RCW 5.60.060: Attorney-client privileged records.

RCW 41.04.730: Employee assistance program—Information confidential—Exceptions.

(3) DES reserves the right to delete identifying details when producing any public record when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by RCW 42.56.050.

(4) DES is prohibited by statute from disclosing lists of individuals or records that may be manipulated to created lists of individuals for commercial purposes pursuant to RCW 42.56.070.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-070, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-070, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-075 Costs of providing public records.

(1) The following copy fees and payment procedures apply to requests to DES under the Public Records Act and received on or after July 8, 2019, date.

(2) Pursuant to RCW 42.56.120 (2)(b), DES is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) DES does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).

(3) DES will charge for the electronic delivery, copies of records, and for transfer and storage media pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). DES will charge the following additional applicable fees allowed pursuant to RCW 42.56.120:

(a) Customized services pursuant to RCW 42.56.120(3).

(b) Optional alternative fee agreements with a requestor pursuant to RCW 42.56.120(4).

The charges for copying and delivery methods used by DES are summarized in the fee schedule available on the DES website at www.des.wa.gov.

(4) Requestors are required to pay any or all applicable charges in advance of receiving records.

(5) DES accepts public records payment by cash, money order, or credit card. DES has limited resources to accept in-person payments. In-person payments are accepted by appointment only and during customary office hours. Using the tracking ID that DES assigns to each public records request, a requestor must identify with specificity and in advance, the record(s) to which payment applies. Whenever a requestor has more than one request pending, the agency must know which fees apply; for this reason the tracking number is required and is provided on the invoice DES sends when payment is due.

Cash is accepted in the exact amount. DES will assist the requestor in scheduling an appointment to pay for records during customary office hours and may propose convenient alternatives to an in-person visit.

(6) DES will close a request when a requestor fails by the payment date to pay in the manner prescribed.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-075, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and 42.56.120. WSR 18-09-014, § 200-01-075, filed 4/9/18, effective 5/10/18. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-075, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-080 Review of denials of public records.

(1)(a) Any person who has been denied an opportunity to inspect or copy a public record by an agency or who believes that an agency has not made a reasonable estimate of the time required to respond to a public record request may petition the agency for prompt review of its decision.

(b) The petition shall be in writing and shall include a copy of, or reasonably identify, the written statement by the public records officer denying the request or providing the estimate.

(c) The petition shall be sent to the public records officer who shall promptly provide the petition and any other relevant information to the agency official designated by the agency to conduct the review.

(2) The designated agency official will immediately consider the petition and either affirm or reverse the denial or the estimate. This review will be complete within two business days following DES' receipt of the petition, or within such times as mutually agreed by DES and the requestor.

(3) Administrative remedies shall not be considered exhausted until the department has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.

(4) Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-080, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-085 Records index.

(1) The state general records retention schedule and the department's unique records retention schedule, as established and approved by the state records committee, serve as the index for the identification and location of the department's records, including those described in RCW 42.56.070(5).

(2) The current index, as described in subsection (1) of this section, is available to all persons under the same rules and on the same conditions as are applied to public records available for inspection. The index can be found on the DES website at http://www.des.wa.gov.

History

Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-085, filed 12/22/11, effective 1/22/12.

Wash. Admin. Code § 200-01-090 Commercial purposes.

No provisions of any rule contained in this title shall be construed as giving authority to any DES officer or employee to give, sell, or provide access to lists of individuals requested for commercial purposes. If a list of individuals is included in the records requested, DES may require requestors to identify themselves and the purpose of their request, and provide a signed statement that the requestor will not use the list of individuals for commercial purposes.

When DES has credible indication that a requested list of individuals might be used for commercial purposes, DES will investigate the request further. DES will determine on a case-by-case basis whether such further investigation is necessary, based on the identity of the requestor, the nature of the records requested, and any other information available to DES. When DES determines further investigation is necessary, DES will require requestors to identify the purpose of their request.

History

Statutory Authority: RCW 42.56.120 and 34.05.353 (1)(a) to (f). WSR 21-09-043, § 200-01-090, filed 4/14/21, effective 5/15/21. Statutory Authority: RCW 43.19.011 and chapter 42.56 RCW. WSR 12-02-004, § 200-01-090, filed 12/22/11, effective 1/22/12.

Chapter 200-10 Compliance with State Environmental Policy Act.

Wash. Admin. Code § 200-10-010 Authority, scope and coverage of this chapter.

(1) This chapter is promulgated pursuant to RCW 43.21C.120.

(2) Compliance with the rules of this chapter shall constitute procedural compliance with SEPA for an "action" as defined in WAC 197-11-704.

(3) The rules of this chapter contain no sections relating to the notice/statute of limitations provisions of chapter 43.21C RCW. To utilize these provisions, the department of enterprise services shall follow the statutory language and any applicable regulations of the department of ecology.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-10-010, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.21C.120. WSR 98-20-019, § 236-11-010, filed 9/25/98, effective 10/26/98
WSR 84-20-015 (Order 84-02), § 236-11-010, filed 9/25/84.

Wash. Admin. Code § 200-10-030 Adoption by reference.

The department of enterprise services hereby adopts the sections or subsections of chapter 197-11 WAC by reference.

| WAC | | | --- | --- | | 197-11-040 | Definitions. | | 197-11-050 | Lead agency. | | 197-11-055 | Timing of the SEPA process. | | 197-11-060 | Content of environmental review. | | 197-11-070 | Limitations on actions during SEPA process. | | 197-11-080 | Incomplete or unavailable information. | | 197-11-090 | Supporting documents. | | 197-11-100 | Information required of applicants. | | 197-11-300 | Purpose of this part. | | 197-11-305 | Categorical exemptions. | | 197-11-310 | Threshold determination required. | | 197-11-315 | Environmental checklist. | | 197-11-330 | Threshold determination process. | | 197-11-335 | Additional information. | | 197-11-340 | Determination of nonsignificance (DNS). | | 197-11-350 | Mitigated DNS. | | 197-11-360 | Determination of significance (DS)/initiation of scoping. | | 197-11-390 | Effect of threshold determination. | | 197-11-400 | Purpose of EIS. | | 197-11-402 | General requirements. | | 197-11-405 | EIS types. | | 197-11-406 | EIS timing. | | 197-11-408 | Scoping. | | 197-11-410 | Expanded scoping. (Optional) | | 197-11-420 | EIS preparation. | | 197-11-425 | Style and size. | | 197-11-430 | Format. | | 197-11-435 | Cover letter or memo. | | 197-11-440 | EIS contents. | | 197-11-442 | Contents of EIS on nonproject proposals. | | 197-11-443 | EIS contents when prior nonproject EIS. | | 197-11-444 | Elements of the environment. | | 197-11-448 | Relationship of EIS to other considerations. | | 197-11-450 | Cost-benefit analysis. | | 197-11-455 | Issuance of DEIS. | | 197-11-460 | Issuance of FEIS. | | 197-11-500 | Purpose of this part. | | 197-11-502 | Inviting comment. | | 197-11-504 | Availability and cost of environmental documents. | | 197-11-510 | Public notice. | | 197-11-535 | Public hearings and meetings. | | 197-11-545 | Effect of no comment. | | 197-11-550 | Specificity of comments. | | 197-11-560 | FEIS response to comments. | | 197-11-570 | Consulted agency costs to assist lead agency. | | 197-11-600 | When to use existing environmental documents. | | 197-11-610 | Use of NEPA documents. | | 197-11-620 | Supplemental environmental impact statement—Procedures. | | 197-11-625 | Addenda—Procedures. | | 197-11-630 | Adoption—Procedures. | | 197-11-635 | Incorporation by reference—Procedures. | | 197-11-640 | Combining documents. | | 197-11-650 | Purpose of this part. | | 197-11-655 | Implementation. | | 197-11-660 | Substantive authority and mitigation. | | 197-11-680 | Appeals. | | 197-11-700 | Definitions. | | 197-11-702 | Act. | | 197-11-704 | Action. | | 197-11-706 | Addendum. | | 197-11-708 | Adoption. | | 197-11-710 | Affected tribe. | | 197-11-712 | Affecting. | | 197-11-714 | Agency. | | 197-11-716 | Applicant. | | 197-11-718 | Built environment. | | 197-11-720 | Categorical exemption. | | 197-11-722 | Consolidated appeal. | | 197-11-724 | Consulted agency. | | 197-11-726 | Cost-benefit analysis. | | 197-11-728 | County/city. | | 197-11-730 | Decision maker. | | 197-11-732 | Department. | | 197-11-734 | Determination of nonsignificance (DNS). | | 197-11-736 | Determination of significance (DS). | | 197-11-738 | EIS. | | 197-11-740 | Environment. | | 197-11-742 | Environmental checklist. | | 197-11-744 | Environmental document. | | 197-11-746 | Environmental review. | | 197-11-748 | Environmentally sensitive area. | | 197-11-750 | Expanded scoping. | | 197-11-752 | Impacts. | | 197-11-754 | Incorporation by reference. | | 197-11-756 | Lands covered by water. | | 197-11-758 | Lead agency. | | 197-11-760 | License. | | 197-11-762 | Local agency. | | 197-11-764 | Major action. | | 197-11-766 | Mitigated DNS. | | 197-11-768 | Mitigation. | | 197-11-770 | Natural environment. | | 197-11-772 | NEPA. | | 197-11-774 | Nonproject. | | 197-11-776 | Phased review. | | 197-11-778 | Preparation. | | 197-11-780 | Private project. | | 197-11-782 | Probable. | | 197-11-784 | Proposal. | | 197-11-786 | Reasonable alternative. | | 197-11-788 | Responsible official. | | 197-11-790 | SEPA. | | 197-11-792 | Scope. | | 197-11-793 | Scoping. | | 197-11-794 | Significant. | | 197-11-796 | State agency. | | 197-11-797 | Threshold determination. | | 197-11-799 | Underlying governmental action. | | 197-11-800 | Categorical exemptions. | | 197-11-810 | Exemptions and nonexemptions applicable to specific state agencies. | | 197-11-875 | Other agencies. | | 197-11-880 | Emergencies. | | 197-11-890 | Petitioning DOE to change exemptions. | | 197-11-900 | Purpose of this part. | | 197-11-902 | Agency SEPA policies. | | 197-11-904 | Agency SEPA procedures. | | 197-11-906 | Content and consistency of agency procedures. | | 197-11-908 | Environmentally sensitive areas. | | 197-11-910 | Designation of responsible official. | | 197-11-912 | Procedures on consulted agencies. | | 197-11-914 | SEPA fees and costs. | | 197-11-916 | Application to ongoing actions. | | 197-11-918 | Lack of agency procedures. | | 197-11-920 | Agencies with environmental expertise. | | 197-11-922 | Lead agency rules. | | 197-11-924 | Determining the lead agency. | | 197-11-926 | Lead agency for governmental proposals. | | 197-11-928 | Lead agency for public and private proposals. | | 197-11-930 | Lead agency for private projects with one agency with jurisdiction. | | 197-11-932 | Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. | | 197-11-934 | Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. | | 197-11-936 | Lead agency for private projects requiring licenses from more than one state agency. | | 197-11-938 | Lead agencies for specific proposals. | | 197-11-940 | Transfer of lead agency status to a state agency. | | 197-11-942 | Agreements on lead agency status. | | 197-11-944 | Agreements on division of lead agency duties. | | 197-11-946 | DOE resolution of lead agency disputes. | | 197-11-948 | Assumption of lead agency status. | | 197-11-950 | Severability. | | 197-11-955 | Effective date. | | 197-11-965 | Adoption notice. | | 197-11-985 | Notice of assumption of lead agency status. | | 197-11-990 | Notice of action. |

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-10-030, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-030, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.21C.120. WSR 84-20-015 (Order 84-02), § 236-11-030, filed 9/25/84.

Wash. Admin. Code § 200-10-050 Applications for exemptions within the department of enterprise services.

Each "action" of the department shall have a form completed and retained in the applicant's division files. This form shall show the action and exemption decision, exempt or otherwise, and be signed by the department of enterprise services representative making that decision. This form shall also show any threshold decision, including determinations of nonsignificance and significance, signed by the department representative. Additionally, copies of the threshold determination shall be included in the file.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-10-050, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-050, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.21C.120. WSR 98-20-019, § 236-11-050, filed 9/25/98, effective 10/26/98
WSR 84-20-015 (Order 84-02), § 236-11-050, filed 9/25/84.

Wash. Admin. Code § 200-10-060 Timing of the EIS process.

(1) Public works request. Any agency submitting a public works request to the department of enterprise services shall be regarded as the lead agency. It will be the sole responsibility of an agency submitting a public works request to determine whether the action is exempt and, if not, to prepare an environmental checklist, make threshold determinations of nonsignificance or significance, prepare draft and final EIS's and conduct public hearings. If an EIS is required for any public works request the working draft EIS must be prepared concurrently or prior to the completion of the design development phase. Evidence of compliance with SEPA rules, chapter 197-11 WAC, must be provided to the department of enterprise services prior to implementing proposals.

(2) Space request. The department of enterprise services will normally assume responsibility as lead agency for space requests submitted to the department. However, if an EIS is required for a space request the agency submitting the space request may be assigned responsibility for preparing the draft and final EIS's and to conduct public hearings.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-10-060, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-060, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.21C.120. WSR 84-20-015 (Order 84-02), § 236-11-060, filed 9/25/84.

Wash. Admin. Code § 200-10-080 Public notice requirements.

(1) The department shall give public notice when issuing a DNS under WAC 197-11-340, DS and scoping notice under WAC 197-11-360, or a draft EIS under WAC 197-11-455.

(2) The department may require an applicant to perform the public notice requirement at its expense.

(3) The department shall use one or more of the following methods of public notice, taking into consideration the geographic area affected by the proposal, the size and complexity of the proposal, public interest expressed in the proposal, and whether the proposal is a project or regulation:

(a) Mailing to public or private persons or groups who have expressed interest in the proposal, in a certain type of proposal, or proposals in the geographic area in which the proposal is located;

(b) Publication in a newspaper of general circulation in the area in which the proposal will be implemented; and/or

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-080, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.21C.120. WSR 98-20-019, § 236-11-080, filed 9/25/98, effective 10/26/98
WSR 84-20-015 (Order 84-02), § 236-11-080, filed 9/25/84.

Wash. Admin. Code § 200-10-100 Policies and procedures for conditioning or denying permits or other approvals.

(1)(a) It is department of enterprise services policy to avoid or mitigate adverse environmental impacts which may result from the department's decisions.

(b) The department shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources so that the state and its citizens may:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington, safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv) Preserve important historic, cultural, and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(c) The department shall develop plans and programs to economically house state government activities so as to provide maximum services to the people of Washington consistent with (b) of this subsection.

(2) Supplementary implementing instructions and procedures to the policies contained in this section are contained in department of enterprise services policies and procedures.

(3) The department responsible official may:

(a) Condition the approval for a proposal if mitigation measures are reasonable and capable of being accomplished and the proposal is inconsistent with the policies in subsection (1) of this section.

(b) Deny the permit or approval for a proposal if reasonable mitigation measures are insufficient to mitigate significant adverse environmental impacts and the proposal is inconsistent with the policies in subsection (1) of this section.

(4) The procedures in WAC 197-11-660 must be followed when conditioning or denying permits or other approvals.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-10-100, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-100, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.21C.120. WSR 98-20-019, § 236-11-100, filed 9/25/98, effective 10/26/98
WSR 84-20-015 (Order 84-02), § 236-11-100, filed 9/25/84.

Wash. Admin. Code § 200-10-110 Designation of responsible official.

(1) Within the department of enterprise services the ultimate responsible official is the director.

(2) The director may designate the responsible official for overall direction and control of environmental reviews within the department of enterprise services and the designated division shall maintain all records pertaining to SEPA related decision making processes. The division of planning and management shall maintain copies of all determinations of nonsignificance filed, determinations of significance filed, and copies of all environmental impact studies prepared by the agency, excluding drafts, for a period of six years. The division of facilities engineering and architectural services program shall also maintain current SEPA statutes and administrative codes; current directives and regulations; department SEPA policies, procedures, and correspondence; and blank forms for determinations, environmental checklists, and others as required.

(3) When the department of enterprise services is the lead agency, the operational responsibility for determining if the department's involvement is an "action" and if the department's "action" is "exempt" shall be controlled by the designated division.

(4) The designated division shall review and agree or disagree with all project or program exemptions, environmental checklists and determinations of nonsignificance or significance initiated within the department. In the event that there is disagreement with the initiator of the project, the decision of the responsible official, designated division, shall be final.

(5) The department's responsibilities as consulted agency will be coordinated by the designated division. When the department of enterprise services is responding as the consulted agency to a draft EIS, DNS, or DS; and when specific contents of an EIS impacts a particular division of the department of enterprise services, then that EIS will be sent to the affected division director for review and response. The affected division's response comments and/or recommendation will then be incorporated into the overall department response and sent to the department of enterprise services responsible official for final approval.

(6) Any decision of the responsible official, designated division, shall be final until such time as it is superseded by the director, department of enterprise services.

(7) The final threshold determination of final EIS of the responsible official may be appealed to the director of the department of enterprise services within thirty days of notice of such determination or final EIS.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-10-110, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-110, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.21C.120. WSR 98-20-019, § 236-11-110, filed 9/25/98, effective 10/26/98
WSR 84-20-015 (Order 84-02), § 236-11-110, filed 9/25/84.

Wash. Admin. Code § 200-10-130 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-10-130, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.21C.120. WSR 84-20-015 (Order 84-02), § 236-11-130, filed 9/25/84.

Chapter 200-100 Self-insurance requirements as to local governments.

Wash. Admin. Code § 200-100-010 Preamble and authority.

These rules governing local government self-insurance transactions are adopted by the state risk manager to implement chapter 48.62 RCW relating to the management and operations of both individual and joint local government property and liability self-insurance programs.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-010, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-010, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-010, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-010, filed 8/3/93, effective 9/3/93
WSR 92-12-092, § 236-22-010, filed 6/3/92, effective 7/1/92.

Wash. Admin. Code § 200-100-020 Definitions.

(1) "Actuary" means any person who is a fellow of the Casualty Actuarial Society and a member of the American Academy of Actuaries.

(2) "Assessment" means the moneys paid by the members to a joint self-insurance program, excluding member claim deductibles and fees for supplementary services.

(3) "Broker of record" means the insurance producer licensed in the state of Washington who, through a contractual agreement with the joint self-insurance program, procures insurance on behalf of the joint self-insurance program.

(4) "Case reserves" means the total of all claims and claims adjustment expenses for covered events which have occurred and have been reported to the joint and individual self-insurance programs as of the date of the financial statement. Case reserves include an estimate for each reported claim based on the undiscounted jury verdict value of said claim.

(5) "Claim adjustment expense" means expenses, other than claim payments, incurred in the course of investigating and settling claims.

(6) "Claim" means a demand for payment for damages or policy benefit because of the occurrence of an event that includes, but is not limited to, the destruction or damage of property or reputation, bodily injury or death and alleged civil rights violations.

(7) "Claims auditor" means a person who has the following qualifications:

(a) A minimum of five years in claims management and investigative experience;

(b) A minimum of three years of experience in auditing the same manner of claims filed against the program being audited;

(d) Provides a statement that the auditor is independent from the program being audited, its vendors, insurers, brokers, and third-party administrators.

(8) "Competitive process" means a formal sealed, electronic, or web-based bid procedure used for all nonclaims related purchases for goods and services over $50,000. For purchases between $5,000 and $50,000, competitive process means quotations obtained from at least three vendors by telephone or written quotations, or both, and supported by evidence of competition. Purchases up to $5,000 are exempt from competitive bids providing procurement is based on obtaining maximum quality at minimum cost.

(9) "Competitive solicitation" means a documented formal process requiring sealed bids, providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

(10) "Consultant" means an independent individual or firm contracting with a joint self-insurance program to perform actuarial, claims auditing or third-party administration services, represent the program as broker of record, or render an opinion or recommendation according to the consultant's methods, all without being subject to the control of the program, except as to satisfaction of the contracted deliverables.

(11) "Governing body" means the multimember board, commission, committee, council, or other policy or rule-making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment.

(12) "Incurred but not reported, or IBNR" means claims and claim adjustment expenses for covered events which have occurred but have not yet been reported to the self-insurance program as of the date of the financial statement. IBNR claims include (a) known loss events that are expected to be presented later as claims, (b) unknown loss events that are expected to become claims, and (c) future development on claims already reported.

(13) "Individual self-insurance program" means a formal program established and maintained by a local government entity to provide advance funding to self-insure for property and liability risks on its own behalf as opposed to risk assumption, which means a decision to absorb the entity's financial exposure to a risk of loss without the creation of a formal program of advance funding of anticipated losses.

(14) "Interlocal agreement" means an agreement established under the Interlocal Cooperation Act defined in chapter 39.34 RCW.

(15) "Joint self-insurance program" means any two or more local government entities which have entered into a cooperative risk sharing agreement subject to regulation under chapter 48.62 RCW.

(16) "Jury verdict value" means the claim value established on an individual case basis by the entity's analysis of the jury verdict results within a jurisdiction in addition to other factors including, but not limited to, severity of injury or damage, length of recovery, credibility of parties and witnesses, ability of attorney, sympathy factors, degree of negligence of the parties and contribution or recovery from other sources.

(17) "Member" means:

(a) A local government entity that:

(i) Is a signatory to a joint insurance program's interlocal agreement;

(ii) Agrees to future assessments or reassessments as part of the program's joint self-insurance program; and

(iii) Is a past or present participant in the excess or self-insured retention portion of the pool's insurance program subject to regulation under chapter 48.62 RCW; and

(b) The board of pilotage commissioners that:

(i) Is a signatory to a joint insurance program's interlocal agreement;

(ii) Agrees to future assessments or reassessments as part of the program's joint self-insurance program; and

(iii) Is a past or present participant in the excess or self-insured retention portion of the pool's insurance program subject to regulation under chapter 48.62 RCW; and

(iv) Participates in the liability coverage offered by the program, but may not participate in property or other coverages as authorized in RCW 48.62.011(2).

(18) "Primary assets" means cash, short-term investments, and long-term investments. Primary assets may not include member receivables billed in advance of the coming year. The amount of the primary assets must be reduced by all nonclaims liabilities. At fiscal year ending 2025 and from thereon, both primary assets and secondary assets will also include all pension-related assets and liabilities.

(19) "Reassessment" means additional moneys paid by the members to a joint self-insurance program for previous years in which annual member assessments were not sufficient to cover costs.

(20) "Risk sharing" means a decision by the members of a joint self-insurance program to jointly absorb certain or specified financial exposures to risks of loss through the creation of a formal program of advance funding of actuarially determined anticipated losses; and/or joint purchase of insurance or reinsurance as a member of a joint self-insurance program formed under chapter 48.62 RCW.

(21) "Secondary assets" means insurance and member receivables, real estate or other assets the value of which can be independently verified by the state risk manager. Secondary assets may not include member receivables billed in advance of the coming year. At fiscal year ending 2025 and from thereon, both primary assets and secondary assets will also include all pension-related assets and liabilities.

(22) "Self-insurance program" means any individual or joint self-insurance program required by chapter 48.62 RCW to comply with this chapter.

(23) "Services" means administrative, electronic, management, loss prevention, training or other support services which do not include the participation in or purchase of the pools excess or self-insured insurance programs.

(24) "Stop-loss insurance" means a promise by an insurance company that it will cover losses of the entity it insures over and above an agreed-upon aggregated amount.

(25) "Third-party administrator" means an independent association, agency, entity or enterprise which, through a contractual agreement, provides one or more of the following ongoing services: Pool management or administration services, claims administration services, risk management services, or services for the design, implementation, or termination of an individual or joint self-insurance program.

(26) "Unallocated loss adjustment expense (ULAE)" means costs that cannot be associated with specific claims but are related to the claims adjustment process, such as administrative and internal expenses related to settlement of claims at the termination of the program.

(27) "Unpaid claims" means the obligations for future payment resulting from claims due to past events. This liability includes loss and adjustments expenses, incurred but not reported claims (IBNR), case reserves, and unallocated loss adjustment expenses (ULAE).

History

Statutory Authority: RCW 48.62.061. WSR 22-20-022, § 200-100-020, filed 9/22/22, effective 10/23/22. Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-020, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-020, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-020, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-020, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-020, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-02001 Standards for operation and management—Rules for individual self-insurance program.

Each individual self-insurance program that self-insures is exempt from the rules applicable to joint self-insurance programs. Individual self-insurance programs shall meet the following standards:

(1) The individual self-insurance program must notify the state risk manager of its existence or termination.

(2) The program may contract for claims handling and investigation services, or the program may choose to provide these services internally. In either case, the person responsible for the program shall establish sufficient contract monitoring and internal control procedures to provide adequate oversight over the claims handling and investigation process.

(3) The program shall establish standards requiring each claim be reserved for settlement, legal and loss adjustment expense. Settlement (indemnity) reserves shall be established by a reserving process which may include estimates of jury verdict value.

(4) The program shall establish claims reserving processes that include a periodic review of case reserves.

(5) The individual self-insurance program may obtain the services of an independent claims auditor to evaluate the claims handling procedures of its contractor or internal staff.

(6) The program may use the services of an actuary to determine the funding levels necessary to fund reserves restricted for payment of claims and related claims expenses.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02001, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02001, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02003 Standards for operation and management—Rules for joint self-insurance programs.

The following rules apply exclusively to joint self-insurance programs. Individual programs shall be exempt from these requirements.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02003, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02003, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02005 Standards for operation—Membership.

Membership in a joint self-insurance program requires the execution of an interlocal agreement. Only members may participate in risk-sharing. Only members may participate in the self-insured retention layer, and only members may participate in the joint purchase of insurance or reinsurance. Further, each member shall agree to the following:

(1) Each member shall pay assessments and reassessments when required by the governing body of the program.

(2) Each member shall obtain approval to join the program from the governing body of the respective member. The approval shall be by resolution or ordinance of the governing body as appropriate for the entity type.

(3) Each member shall become a signatory to the interlocal agreement and subsequent amendments to the interlocal agreement of the joint self-insurance program.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02005, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02005, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02005, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02007 Standards for operation—Providing services to nonmembers.

(1) Nonmembers may purchase services through an interlocal agreement as authorized by chapter 39.34 RCW. Nonmembers shall not participate in any coverages of the joint self-insurance program including the self-insured retention layer and the excess insurance or reinsurance layer. This section is not intended to preclude nonmembers purchasing services from becoming members of the joint self-insurance program, provided the nonmember meets the requirements of WAC 200-100-020(17) and is eligible for membership as authorized by RCW 48.62.021(1).

(2) A program intending to provide services to nonmembers shall submit a written plan to the state risk manager for approval prior to providing services. The plan shall include, at a minimum, the services to be provided, the time frame for providing such services, the expected revenues and expenditures resulting from providing said services, and a written analysis of all potential federal and state tax liabilities created by providing services to nonmembers. The arrangement to provide such services shall be approved in writing by the state risk manager within sixty days of the joint self-insurance program's final plan submission.

(3) Every joint self-insurance program providing services as of the effective date of these regulations must submit a written plan meeting the requirements stated herein.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02007, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02007, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02007, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02009 Standards for operation—Communication with members—Annual membership report.

The joint self-insurance program shall make available to each member a copy of the program's annual membership report. The annual membership report shall include, at a minimum, financial information which includes the balance sheet and statement of revenues, expenses and net assets. The reports shall be delivered to each member by electronic or regular mail. Programs may meet the delivery requirement by publishing and maintaining the membership report on the official website of the program for a minimum of three years from the date of publication.

History

Statutory Authority: RCW 48.62.061. WSR 22-20-022, § 200-100-02009, filed 9/22/22, effective 10/23/22. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02009, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02009, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02011 Standards for operations—Meetings.

All joint self-insurance programs are subject to the requirements of the Open Public Meetings Act as described in chapter 42.30 RCW and all additional requirements for meeting notifications as described in this chapter.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02011, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02011, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02011, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02013 Standards for operation—Notice of regular meetings of the governing body.

Every joint self-insurance program shall provide every member with a notice of the time and place of each regular meeting of the governing body at least ten days prior to the meeting. The notice shall be provided in electronic or paper form, and the time and location of each meeting shall be included in such notice. The state risk manager shall be provided a copy of all meeting notifications to members in the same form, manner and time as provided to members. In addition to electronic or regular mail, programs shall publish notification of regular meetings on the website of the program accessible to the public. Notice of regular meetings shall comply with the meeting notification requirements of chapter 42.30 RCW or be published at least ten days in advance of regular meetings, whichever notification time is greater.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02013, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02013, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02013, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02015 Standards for operation—Special meetings—Notice to members.

All joint self-insurance programs shall comply with the requirements of RCW 42.30.080 in providing notification of special meetings. In addition, programs shall provide notice by electronic mail to the state risk manager and every member of the joint self-insurance program twenty-four hours in advance of every special meeting.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02015, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02015, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02017 Standards for operations—Meeting agendas—Meeting minutes.

Every joint self-insurance program must provide the state risk manager and every member with a preliminary agenda in advance of each meeting of the governing body. The agenda shall be provided by electronic mail and shall be posted on the website of the program accessible to the public. Meeting minutes, after approval, shall be posted on the website of the program accessible to the public.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02017, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02017, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02017, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02019 Standards for operation—Notification of changes to bylaws or interlocal agreement.

Every joint self-insurance program shall provide notification of the intent to change the bylaws or interlocal agreement to each member of the joint self-insurance program and the state risk manager by regular or electronic mail at least thirty days in advance of the meeting during which a vote on the proposed change will occur. Such notification shall include a copy of proposed changes.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02019, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02019, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02019, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02021 Standards for operation—Changes to interlocal agreement.

(1) Changes to the interlocal agreement shall be by amendment and shall be approved by the governing body of each joint self-insurance program during a regular meeting of the governing body.

(2) Amendments to the interlocal agreement shall be adopted by ordinance or resolution of the governing board or council of each member and signed by an authorized representative of each member. The resolution or ordinance shall include, but not be limited to, an acknowledgment that the entity shall be subject to assessments and reassessments if required by the joint self-insurance program. The signed amendment and copy of the ordinance or resolution, as appropriate, shall be submitted to, and retained by, the joint self-insurance program. Copies of the interlocal agreement and subsequent amendments shall be published on the website of the joint self-insurance program.

(3) Changes to any terms of the interlocal agreement shall require amendment using the approval and adoption process described above.

(4) Each new member joining a joint self-insurance program after the formation of the program shall sign a copy of the most current interlocal agreement and copies of all subsequent amendments to that agreement that have been adopted by the governing body of the joint self-insurance program. The joint self-insurance program shall retain the signed interlocal agreements and amendments until termination of the program occurs.

(5) When a new interlocal agreement is adopted by the governing body of the joint self-insurance program to replace the existing interlocal agreement and incorporate amendments, the new interlocal agreement shall be adopted by ordinance or resolution by the governing body of each member of the joint self-insurance program. The new interlocal agreement shall be signed by an authorized representative of each member. The signed interlocal agreement and a copy of the ordinance or resolution adopting the program shall be submitted to, and retained by, the joint self-insurance program until termination of the program occurs.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02021, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02021, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02021, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-02023 Standards for operation—Elections of the governing body.

The governing body of every joint self-insurance program shall be elected by a majority of the members voting in the election. Elections may be conducted during a regular meeting of the governing body or by mail-in ballot or electronic ballot. If mail-in or electronic ballots are used, the ballots are to be counted and secured until certified by the governing body at the same or the next regular meeting and recorded in the meeting minutes. Vacancies on the governing board shall be filled according to program by-laws. Joint self-insurance programs governed by a governing body which requires the inclusion of a voting representative from each member entity in such governing body are exempt from the requirements of this section.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-02023, filed 10/22/15, effective 11/22/15. Statutory Authority: RCW 48.62.061. WSR 14-05-079, § 200-100-02023, filed 2/18/14, effective 1/1/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-02023, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-02023, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-03001 Standards for solvency—Actuarially determined liabilities, program funding and liquidity requirements.

(1) All joint self-insurance programs shall obtain an annual actuarial review as of fiscal year end which provides written estimates of the liability for unpaid claims measured at the expected level and the seventy, eighty, and ninety percent confidence level.

(2) The governing body of the joint self-insurance program shall establish and maintain primary assets in an amount at least equal to the unpaid claims estimate at the expected level as determined by the program's actuary as of fiscal year end. All joint self-insurance programs meeting this requirement shall be considered in compliance with the primary asset test. All joint self-insurance programs that do not meet the requirements of the primary asset test shall notify the state risk manager in writing of the condition. The state risk manager shall take corrective action, which may include the service of a cease and desist order upon the program, to require that the program increase primary assets in an amount equal to the unpaid claims estimate at the expected level as determined by the program's actuary as of fiscal year end.

(3) The governing body of every joint self-insurance program operating under this chapter shall establish and maintain total primary and secondary assets in an amount equal to or greater than the unpaid claim estimate at the eighty percent confidence level as determined by the program's actuary as of fiscal year end.

(4) All joint self-insurance programs authorized by chapter 48.62 RCW shall meet the requirements of both the primary asset test and the total asset test. The governing body of all joint self-insurance programs that do not meet requirements of the total asset test shall notify the state risk manager in writing of the condition. The state risk manager shall require that the program submit a written corrective action plan to the state risk manager within sixty days of notification. Such plan shall include a proposal for improving the financial condition of the self-insurance program and a time frame for completion. The state risk manager shall approve or deny the proposed plan in writing within thirty days of receipt of the final plan submission.

Joint self-insurance programs operating under an approved plan and making satisfactory progress according to the terms of the plan shall remain under supervisory watch by the state risk manager until the terms of the approved plan have been met. Programs under supervisory watch but not making satisfactory progress may be subject to the following requirements:

(a) Increase in frequency of examinations, the cost of which shall be the responsibility of the program;

(b) Submission of quarterly reports;

(d) Service of a cease and desist order upon the program.

(5) Failure by the joint self-insurance program to respond or submit a plan to improve the financial condition of the program shall cause the state risk manager to take corrective action, which may include written notification to every member of the joint self-insurance program, the service of a cease and desist order upon the program, and other available remedies necessary to ensure the program operates in a financially sound manner.

(6) All joint self-insurance programs that do not maintain total primary and secondary assets in an amount equal to or greater than unpaid claim estimate at the seventy percent confidence level, as determined by the program's actuary, as of fiscal year end shall be issued a cease and desist order by the state risk manager. Such programs will be considered under a supervisory cease and desist order.

(7) The state risk manager shall evaluate the operational safety and soundness of the program by monitoring changes in liquidity, claims reserves and liabilities, member equity, self-insured retention, and other financial trends over time. Programs experiencing adverse trends may cause the state risk manager to increase frequency of on-site program review and monitoring, including increased communication with the governing body and requirements for corrective plans.

(8) When the state risk manager determines it necessary to analyze the program's soundness and financial safety, the state risk manager may obtain an independent actuarial evaluation to determine the accuracy of the estimate for unpaid claims liabilities, including the estimate of unallocated loss adjustment expenses. Costs of these services shall be the responsibility of the joint self-insurance program.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-03001, filed 10/22/15, effective 11/22/15. Statutory Authority: RCW 48.62.061. WSR 14-05-079, § 200-100-03001, filed 2/18/14, effective 1/1/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-03001, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-03001, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-033 Standards for management and operations—Individual rate setting—Nondiscrimination in joint program assessments.

(1) Joint self-insurance program assessment formulas shall include all costs including rating for insured and self-insured layers of coverage. Assessment formulas shall be consistent and nondiscriminatory among all members.

(2) This provision shall not be construed to prohibit individual choice of coverage by members from several offered by the joint self-insurance program. The assessment formula, including the insured and self-insured components, shall be consistently applied to reflect the selection from among these choices.

(3) The assessment formula shall be available for review by the state risk manager.

(4) Joint self-insurance programs shall not sell equity, security, or shares in the joint self-insurance program.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-033, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-033, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-033, filed 12/14/09, effective 1/14/10
WSR 05-04-072, recodified as § 82-60-033, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-033, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-034 Standards for operations—Disclosures.

(1) All joint self-insurance programs shall furnish to each new member joining a self-insurance program written statements which describe:

(a) Insurance coverages or benefits currently provided by the program, including any applicable restrictions, limitations, and exclusions;

(b) The method by which members' (re)assessments are determined;

(d) The procedure for a member to request an adjudication of disputes or appeals arising from coverage, claim payment or denial, membership, and other issues; and

(e) General characteristics of the insurance coverage portion of the program.

(2) If any changes are made to subsection (1)(a) through (e) of this section, new written documents must be provided to all members which include these changes.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-034, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-034, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-034, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-034, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-034, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-036 Standards for operations—Standards for solvency—Termination provisions.

(1) Program terminations. All joint self-insurance programs shall maintain a written plan that provides for the partial or complete termination of the program and for liquidation of its assets upon termination of the program. The termination procedure shall include, but not be limited to, a provision for the settling of all its liabilities for unpaid claims and claim adjustment expenses.

(2) Member terminations. All joint self-insurance programs shall maintain a written plan that provides for the termination of membership of a member.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-036, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-036, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-036, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-036, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-037 Standards for management and operations—Financial plans.

(1) All joint self-insurance programs shall maintain a written plan for managing the financial resources of the program. The financial plan shall include:

(a) A procedure for accounting for moneys received, payments made and liabilities of the joint program which complies with generally accepted accounting principles;

(b) An investment policy which conforms to RCW 48.62.111 governing the investments of the program; and

(c) The preparation and submission of accurate and timely annual financial reports of the program as prescribed by the state auditor's office.

(d) The submission of audited financial statements to the state risk manager within eight months of the program's fiscal year end which meet the requirements of the state auditor and state risk manager as described in this chapter.

(2) No financial plan of a joint self-insurance program shall permit any loans from primary assets held for payment of unpaid claims at the expected level as determined by an actuary as of fiscal year end.

History

Statutory Authority: RCW 48.62.061. WSR 14-05-079, § 200-100-037, filed 2/18/14, effective 1/1/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-037, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-037, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-037, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-037, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-038 Standards for management—Standards for contracts—Third-party administrator contracts.

Before contracting for third-party administrator professional services, all joint self-insurance programs shall establish and maintain written procedures for contracting with third-party administrators. Entering a contract for services shall not relieve the governing body of the joint self-insurance program of its ultimate governing, managerial and financial responsibilities. The procedures shall, as a minimum:

(1) Provide a method of third-party administrator selection using a formal competitive solicitation process;

(2) Require a complete written description of the services to be provided, remuneration levels, contract period and expiration date providing for a contract term no greater than five years. The contract may include an additional one year extension to be exercised at the discretion of the joint self-insurance program;

(3) Provide for the confidentiality of the program's information, data and other intellectual property developed or shared during the course of the contract;

(4) Provide for the program's ownership of the information, data, and other intellectual property developed or shared during the course of the contract;

(5) Provide for the expressed authorization of the joint self-insurance program, consultants to the program, the state auditor, the state risk manager, or their designees, to enter the third-party administrator's premises to inspect and audit the records and performance of the third-party administrator which pertains to the program and to obtain such records electronically when audit travel costs can be eliminated or reduced;

(6) Require the compliance with all applicable local, state and federal laws;

(7) Establish a monitoring and acceptance procedure to determine compliance with third-party administrator contract requirements; and

(8) Establish indemnification provisions and set forth insurance requirements between the parties.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-038, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-038, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-038, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-038, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-050 Standards for claims management—Claims administration.

(1) All joint self-insurance programs shall adopt a written claims administration program which includes, as a minimum, the following procedures:

(a) Claims filing procedures and forms.

(b) Standards requiring case reserves for each claim be established in the amount of the jury verdict value.

(c) Standards requiring case reserves be reviewed every 90 days or when reasonably practicable and such review is documented in the claims diary.

(d) Standards requiring appropriate adjuster work loads.

(e) Standards requiring claims payment procedures include sufficient internal controls to ensure adequate review and approval by claims management staff.

(f) Standards requiring file documentation be complete and up-to-date.

(g) Standards requiring timely and appropriate claim resolution practices.

(h) Standards requiring opportunities for recoveries be reviewed and documented for each claim.

(i) Standards requiring compliance with Internal Revenue Service (IRS) rules for 1099MISC regulations.

(j) Standards requiring claims files be audited on the following categories: Staffing, caseloads, supervision, diary, coverage, reserves, promptness of contacts, field investigations, file documentation, settlements, litigation management and subrogation.

(2) All joint self-insurance programs may perform claims administration services on their own behalf or may contract for claims administration services with a qualified third-party administrator, provided all of the specific requirements under subsection (1) of this section are included in the contract.

(3) All joint self-insurance programs shall have a written member coverage appeal procedure that contains, as a minimum, procedures for a member filing an appeal with the joint self-insurance program, including the time limit for filing, a time limit for response, and a provision for an additional level of review.

(4) All joint self-insurance programs shall maintain a financial system that identifies claim and claim adjustment expenses.

(5) All joint self-insurance programs shall provide for the purchase of goods and services to replace or repair property in a manner which will, in the judgment of the governing body of the joint self-insurance program, avoid further damage, injury, or loss of use to a member or third-party claimant.

(6) All joint self-insurance programs shall maintain claim expense reports for all claims made against the joint self-insurance program and its members.

(7) All joint self-insurance programs shall obtain an independent audit of claim reserving, adjusting and payment procedures every three years at a minimum. The audit shall be conducted by an independent qualified claims auditor not affiliated with the program, its insurers, its broker of record, or its third-party administrator. Such review shall be in writing and identify strengths, areas of improvement, findings, conclusions and recommendations. Such review shall be provided to the governing body and retained for a period not less than six years. The scope of the claims audit shall include claims administration procedures listed in subsection (1) of this section. The number, date, and scope of claims audited will be determined by the auditor based upon level of error and risk assessed by the auditor.

(8) The state risk manager may require more frequent claims audits for programs that, in the state risk manager's opinion, are not operationally or financially sound. Failure to obtain the requested independent claims audit when required may result in the procurement of such audit by the state risk manager on behalf of the program. Costs of these services shall be the responsibility of the joint self-insurance program.

History

Statutory Authority: RCW 48.62.061. WSR 22-20-022, § 200-100-050, filed 9/22/22, effective 10/23/22. Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-050, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-050, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-050, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-050, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-050, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-060 Standards for management and operations—State risk manager reports.

(1) Every joint property and liability self-insurance program authorized to transact business in the state of Washington shall submit the annual report to the state risk manager.

(2) The annual report to the state risk manager shall require the following information to be submitted in electronic form:

(a) Unaudited annual financial statements, including attestation, as provided to the state auditors office;

(b) Actuarial reserve review report on which the net claims liabilities at fiscal year end reported in the unaudited financial statements are based;

(d) List of contracted consultants;

(e) Details of changes in articles of incorporation, bylaws or interlocal agreement;

(f) Details of services provided by contract to nonmembers;

(g) List of members added or terminated.

Such reports shall be submitted to the state risk manager no later than one hundred fifty days following the completion of the joint program's fiscal year.

(3) Audited financial statements shall be provided to the state risk manager within eight months of the program's fiscal year end and comply with requirements for submission of audited financial statements established by the state risk manager.

(4) All joint self-insurance programs shall submit quarterly financial reports if, in the estimation of the state risk manager, the financial condition of a program warrants additional quarterly reporting requirements.

(5) Failure to provide required financial reports may result in corrective action by the state risk manager. Such actions may include:

(a) Increase in frequency of examinations, the cost of which shall be the responsibility of the program;

(b) On-site monitoring by the state risk manager;

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-060, filed 10/22/15, effective 11/22/15. Statutory Authority: RCW 48.62.061. WSR 14-05-079, § 200-100-060, filed 2/18/14, effective 1/1/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-060, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-060, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-060, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-060, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-065 Standards for operations—Program changes—Notification to the state risk manager.

(1) All joint self-insurance programs shall operate in the same form and manner stated in the program's original application approved by the state risk manager. Programs shall submit a written request and receive approval from the state risk manager prior to implementing the following proposed program changes:

(a) Elimination or reduction of stop loss insurance;

(b) Acceptance of any loans or lines of credit;

(d) Addition of members of other entity types than those included in original application approved by state risk manager.

(2) The following program changes require written notification to the state risk manager prior to implementing the following changes:

(a) Increases in retention level;

(b) Decrease or elimination of insurance limits;

(d) Any change to bylaws;

(e) Any amendments to the interlocal agreement.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-065, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-065, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-065, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-080 Standards for management and operations—Conflict of interest.

(1) Every joint self-insurance program shall require the claims auditor, the third-party administrator, the actuary, and the broker of record to contract separately with the joint self-insurance program. Each contract shall require that a written statement be submitted to the program on a form provided by the state risk manager providing assurance that no conflict of interest exists prior to acceptance of the contract by the joint self-insurance program.

(2) All joint self-insurance programs shall meet the following standards regarding restrictions on the financial interests of the program administrators:

(a) No member of the board of directors; trustee; administrator, including a third-party administrator; or any other person having responsibility for the management or administration of a joint self-insurance program or the investment or other handling of the program's money shall:

(i) Receive directly or indirectly or be pecuniarily interested in any fee, commission, compensation, or emolument arising out of any transaction to which the program is or is expected to be a party except for salary or other similar compensation regularly fixed and allowed for because of services regularly rendered to the program.

(ii) Receive compensation as a consultant to the program while also acting as a member of the board of directors, trustee, third-party administrator, or as an employee.

(iii) Have any direct or indirect pecuniary interest in any loan or investment of the program.

(c) Brokers of record for the joint self-insurance programs may receive compensation for insurance transactions performed within the scope of their licenses. The terms of compensation shall be provided for by contract between the broker of record and the governing body, and the amount or percentage of the compensation must be disclosed in writing. Contracts between brokers of record and the governing body shall include a provision that contingent commissions or other form of compensation not specified in the contract shall not be paid to the broker of record as a result of any joint self-insurance program insurance transactions. The joint self-insurance program shall establish a contract provision which requires the broker provide to the program a written annual report on a form provided by the state risk manager which discloses the actual financial compensation received. The report shall include verification that no undisclosed commission was received as a result of any such insurance transaction made on behalf of the program.

(d) No third-party administrator shall serve as an officer or on the board of directors of a self-insurance program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-080, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-080, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-080, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-080, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-100 Standards for operations—State risk manager—Expense and operating cost fees.

(1) The state risk manager shall fix state risk manager fees to cover expenses and operating costs of the state risk manager's office in administering chapter 48.62 RCW. Such fees shall be levied against each joint property and liability self-insurance program regulated by chapter 48.62 RCW. Services covered by the state risk manager fees will include program reviews, monitoring and continuing oversight.

(2) The state risk manager fees shall be paid by each joint self-insurance program to the state of Washington, department of enterprise services within sixty days of the date of invoice. Any joint self-insurance program failing to remit its fee when due is subject to denial of permission to operate or to a cease and desist order until the fee is paid.

(3) A joint self-insurance program that has voluntarily or involuntarily terminated shall continue to pay an administrative fee until such time as all liabilities for unpaid claims and claim adjustment expenses and all administrative responsibilities of the joint self-insurance program have been satisfied.

(4) The state risk manager shall assess each prospective joint self-insurance program an initial investigation fee at a rate determined annually by the state risk manager.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-100, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-100, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-100, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-100, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-100, filed 8/3/93, effective 9/3/93
WSR 92-12-092, § 236-22-100, filed 6/3/92, effective 7/1/92.

Wash. Admin. Code § 200-100-190 Standards for operation—Multistate operations.

Local government joint self-insurance programs domiciled in this state and operating in this state and other states must obtain any licenses, permits, and permissions to the extent required by a state prior to commencing operations in that state.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-190, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-100-200 Standards for operations—Appeals of fees.

(1) A joint self-insurance program which disagrees with a fee for services issued to it by the state risk manager shall notify the state risk manager in writing within thirty days after receipt of the invoice. The writing shall include the self-insurance program's reasons for challenging the fee and any other information the self-insurance program deems pertinent.

(2) The state risk manager shall review any fee appealed by a joint self-insurance program, together with the reasons for the appeal. Within fourteen days of receipt of notification from the self-insurance program, the state risk manager shall respond in writing to the self-insurance program, either reaffirming the fee or modifying it, and stating the reasons for the decision.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-200, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-200, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-200, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-200, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-210 Standards for operations—Appeals of cease and desist orders.

Within ten days after a joint self-insurance program covering property or liability risks has been served with a cease and desist order under RCW 48.62.091(3), the entity may request an administrative hearing. The hearing provided may be held in such a place as is designated by the state risk manager and shall be conducted in accordance with chapter 34.05 RCW and chapter 10-08 WAC.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-210, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-210, filed 12/14/09, effective 1/14/10
WSR 05-04-072, amended and recodified as § 82-60-210, filed 2/1/05, effective 3/4/05. Statutory Authority: Chapter 48.62 RCW. WSR 93-16-079, § 236-22-210, filed 8/3/93, effective 9/3/93.

Wash. Admin. Code § 200-100-215 Standards for contracts—Competitive solicitation standards for consultant contracts.

Every joint self-insurance program shall use a formal competitive solicitation process in the selection of consultants. The process shall provide an equal and open opportunity to qualified parties and shall culminate in a selection based on preestablished criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts. Bid responses, solicitation documents and evidence of publication shall be retained in accordance with laws governing public records and shall be available for review by state risk manager and state auditor.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-215, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-215, filed 12/14/09, effective 1/14/10.

Wash. Admin. Code § 200-100-220 Standards for contracts—Standards for operation—Purchases of goods and services not related to claims.

Joint self-insurance programs comprised of one common entity type must comply with bidding and purchasing requirements as prescribed by law or regulation for that entity type. Joint self-insurance programs comprised of multiple entity types must comply with bidding and purchasing requirements as prescribed by law or regulation for multiple entity types joined by interlocal agreements. Vendor selection shall be based on fees or costs, ability, capacity, experience, reputation, and responsiveness to time limitations. These regulations do not apply to the purchase of goods and services described in WAC 200-100-050(5).

History

Statutory Authority: RCW 48.62.061. WSR 22-20-022, § 200-100-220, filed 9/22/22, effective 10/23/22. Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-100-220, filed 10/22/15, effective 11/22/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-100-220, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-01-072, § 82-60-220, filed 12/14/09, effective 1/14/10.

Chapter 200-110 Local government self-insurance health and welfare program requirements.

Wash. Admin. Code § 200-110-010 Preamble and authority.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-010, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-020 Definitions.

(1) "Actuary" means any person who is a member of the American Academy of Actuaries.

(2) "Assessment" means the moneys paid by the members to a joint self-insurance program.

(3) "Beneficiary" means any individual entitled to payment of all or part of a covered claim under a local government health and welfare self-insurance program.

(4) "Broker of record" means the insurance producer licensed in the state of Washington who, through a contractual agreement with the self-insurance program, procures insurance on behalf of the self-insurance program.

(5) "Claim" means a demand for payment for the delivery of a covered service or services.

(6) "Claim adjustment expense" means expenses, other than claim payments, incurred in the course of processing and settling claims.

(7) "Claims auditor" means a person who has the following qualifications:

(a) Has experience in auditing the same manner of claims filed against the program being audited;

(b) Provides proof of professional liability insurance; and

(c) Provides a statement that the auditor is independent from the program being audited, its brokers and third-party administrators.

(8) "Competitive solicitation" means a documented competitive selection process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

(9) "Consultant" means an independent individual or firm contracting with a self-insurance program to perform actuarial, claims auditing or third-party administration services, represent the program as broker of record, or render an opinion or recommendation according to the consultant's methods, all without being subject to the control of the program, except as to satisfaction of the contracted deliverables.

(10) "Contribution" means the amount paid or payable by the employee into a health and welfare self-insurance program.

(12) "Individual self-insurance program" means a formal program established and maintained by a local government entity, with the exception of public school districts, to provide advance funding to self-insure health and welfare benefits on its own behalf as opposed to risk assumption, which means a decision to absorb the entity's financial exposure to a risk of financial loss without the creation of a formal program of advance funding of anticipated losses.

(13) "Interlocal agreement" means an agreement joining local government members of a self-insurance program that is established under the Interlocal Cooperation Act defined in chapter 39.34 RCW.

(14) "Joint self-insurance program" means any two or more local government entities which have entered into a cooperative risk sharing agreement pursuant to the provisions of the Interlocal Cooperation Act (chapter 39.34 RCW) and/or subject to regulation under chapter 48.62 RCW.

(15) "Member" means a local government entity that:

(a) Is a signatory to a joint insurance program's interlocal agreement;

(b) Agrees to pay assessments as part of the program's joint self-insurance program; and

(16) "Program liability" means an amount as of fiscal year end determined by each program to be either:

(a) Eight weeks of total program expenses based on total program expenses paid during the previous year; or

(b) The program's liability as determined by an actuary.

(17) "Program reserves" means moneys set aside to pay expenses of an individual or joint self-insurance program.

(18) "Risk sharing" means a decision by the members of a joint self-insurance program to jointly absorb certain or specified financial exposures to risks of loss through the creation of a formal program of advance funding of anticipated losses; and/or joint purchase of insurance as a member of a joint self-insurance program formed under chapter 48.62 RCW.

(19) "Self-insurance program" means any individual or joint local government entity self-insurance program required by chapter 48.62 RCW to comply with this chapter.

(20) "Services" means administrative, electronic, management, training, wellness or other ongoing significant support services which do not include the participation in or purchase of the pool's commercial or self-insured insurance programs.

(21) "Stop-loss insurance" means a promise by an insurance company that it will cover losses of the entity it insures over and above an agreed-upon individual or aggregated amount.

(22) "Termination cost" means an estimate of the program's liabilities at the time the program ceases to operate, which shall include, at a minimum, final claim payments, claim adjustment expenses, unallocated loss adjustment expenses, and costs attributed to increased utilization.

(23) "Third-party administrator" means an independent association, agency, entity or enterprise which, through a contractual agreement, provides one or more of the following ongoing services: Program management or administration services, claims administration services, risk management services, or services for the termination of an individual or joint self-insurance program.

(24) "Unallocated loss adjustment expense (ULAE)" means costs that cannot be associated with specific claims but are related to the claims adjustment process, such as administrative and internal expenses related to settlement of claims at the termination of the program.

History

Statutory Authority: RCW 48.62.061. WSR 22-18-001, § 200-110-020, filed 8/24/22, effective 9/24/22. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-020, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-20-102, § 82-65-020, filed 10/1/10, effective 11/1/10.

Wash. Admin. Code § 200-110-030 Standards for management and operation—Adoption of program.

(1) The governing body of every local government entity establishing an individual self-insurance program shall adopt the self-insurance program by resolution or ordinance.

(2) The governing body of every local government entity participating in a joint self-insurance program shall adopt the interlocal agreement of the joint self-insurance program by resolution or ordinance. The resolution or ordinance shall include, but not be limited to, an acknowledgment that the entity shall be subject to assessments as required by the joint self-insurance program. Copies of each resolution or ordinance shall be retained by the joint self-insurance program and available for inspection by the state risk manager. The interlocal agreement, along with a list of members participating in the program, shall be published on the public website of each joint self-insurance program. The interlocal agreement and subsequent amendments shall be filed in accordance with requirements of chapter 39.34 RCW.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-030, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-030, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-040 Standards for solvency—Program funding requirements.

(1) All individual and joint health and welfare programs self-insuring medical benefits shall establish program reserves in an amount equal to 16 weeks of program expenses. An aggregate stop-loss policy is recommended, but not required.

(2) All individual and joint health and welfare self-insurance programs providing either vision, dental or prescription drug benefits or any combination of programs thereof shall establish and maintain program reserves in an amount not less than eight weeks of program expenses for each program offered.

(3) In lieu of the requirements stated in subsections (1) and (2) of this section, all individual and joint health and welfare self-insurance programs providing either medical, vision, dental or prescription drug benefits or any combination thereof must obtain an independent actuarial study of estimated outstanding program liabilities as of fiscal year ending and maintain funds equal to or greater than the actuarially determined program liability at fiscal year ending.

(4) All programs in existence less than one year shall establish reserves according to the initial plan submitted and approved by the state risk manager.

(5) Self-insurance programs that do not meet requirements for program reserves as of the program's year end shall notify the state risk manager of the condition. The state risk manager shall require the program submit a corrective action plan within 60 days of year end. The state risk manager will notify the program in writing of denial or approval of the corrective action plan within 30 days of submission.

(6) Failure to meet the requirements of the approved corrective action plan may result in further remedial action by the state risk manager, including the service of a cease and desist order upon the program.

History

Statutory Authority: RCW 48.62.061. WSR 22-18-001, § 200-110-040, filed 8/24/22, effective 9/24/22
WSR 17-22-048, § 200-110-040, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-040, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-20-102, § 82-65-040, filed 10/1/10, effective 11/1/10.

Wash. Admin. Code § 200-110-050 Nondiscrimination in contributions.

Contribution rate schedules for individual and joint health and welfare self-insurance programs shall be consistent and nondiscriminatory among beneficiaries of the self-insurance program. This provision is not intended to prohibit choice of coverage for beneficiaries, classes of beneficiaries, or bargaining groups from several offered by the self-insurance program, or to prohibit different contribution schedules between classes of beneficiaries or bargaining groups.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-050, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-050, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-060 Standards for operations—Standards for management—Disclosures.

(1) All individual health and welfare self-insurance programs shall furnish each employee or retiree covered by the program with a written description or access to an electronic description of the benefits allowable under the program, together with:

(a) Applicable restrictions, limitations, and exclusions;

(b) The procedure for filing a claim for benefits;

(c) The procedure for requesting an adjudication of disputes or appeals arising from beneficiaries regarding the payment or denial of any claim for benefits; and

(d) A schedule of any direct monetary contributions toward the program financing required by the employee.

Such benefits or procedures shall not be amended without written notice to the covered employees at least thirty days in advance of the effective date of the change unless exigent circumstances can be demonstrated.

(2) All joint self-insurance programs shall ensure every member of the program receives written plan documents or access to electronic plan documents which describe:

(a) All coverages or benefits currently provided by the program, including any applicable restrictions, limitations, and exclusions;

(b) The method by which members pay assessments;

(d) The procedure for a member to request an adjudication of disputes or appeals arising from coverage, claim payment or denial, membership, and other issues.

Such statements shall not be amended without written notice to the members at least thirty days in advance of the effective date of the change unless exigent circumstances can be demonstrated.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-060, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-060, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-060, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-070 Standards for operations—Standards for management—Wellness programs.

Health and welfare self-insurance programs may offer coverage for preventative care, wellness programs, and/or other cost containment measures.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-070, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-070, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-080 Standards for operations—Standards for solvency—Termination provisions.

(1) Termination of a program. All individual and joint health and welfare self-insurance programs shall maintain a written plan that provides for the partial or complete termination of the program and for liquidation of its assets upon termination of the program. The termination procedure shall include, but not be limited to, a provision for the settling of all its liabilities for unpaid claims and claim adjustment expenses.

(2) Termination of members. All joint self-insurance programs shall maintain a written plan that provides for the termination of membership of a member.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-080, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-080, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-090 Standards for management—Standards for operations—Financial plans.

(1) All self-insurance programs shall maintain a written plan for managing the financial resources of the program. The financial plan shall include:

(a) A procedure for accounting for moneys received, payments made and liabilities of the joint program which complies with generally accepted accounting principles. For individual programs, a separate fund to account for revenues and expenses associated with the program is recommended, but not required;

(b) An investment policy which conforms to RCW 48.62.111 governing the investments of the program; and

(c) All individual and joint self-insurance programs shall ensure the preparation and submission of accurate and timely annual reports to the state risk manager within 150 days of fiscal year end.

Joint self-insurance programs providing medical benefits must submit to the state risk manager unaudited financial statements as prescribed by the state auditor's office within 150 days of fiscal year end. Joint self-insurance programs providing medical benefits must submit to the state risk manager audited financial statements as prescribed by the state auditor's office within one year of the program's fiscal year end.

(2) No financial plan of an individual self-insurance program shall permit interfund loans from assets held against liabilities for unpaid claims and claim adjustment expenses except for those amounts which are clearly inactive or in excess of program reserve requirements.

(3) No financial plan of a joint self-insurance program shall permit loans to any member.

History

Statutory Authority: RCW 48.62.061. WSR 22-18-001, § 200-110-090, filed 8/24/22, effective 9/24/22
WSR 17-22-048, § 200-110-090, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-090, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-090, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-100 Standards for management—Standards for contracts—Third-party administrator contracts.

Before contracting for third-party administrator professional services, all self-insurance programs shall establish and maintain written procedures for contracting with third-party administrators. Entering a contract for services shall not relieve the governing body of the self-insurance program of its ultimate governing, managerial and financial responsibilities. The procedures shall, as a minimum:

(1) Provide a method of third-party administrator selection using a competitive solicitation process;

(2) Require a complete written description of the services to be provided, remuneration levels, contract period and expiration date;

(3) Provide for the confidentiality of the program's information, data and other intellectual property developed or shared during the course of the contract;

(4) Provide for the program's ownership of the information, data, and other intellectual property developed or shared during the course of the contract;

(5) Provide for the expressed authorization of the self-insurance program, consultants to the program, the state auditor, the state risk manager, or their designees, to enter the third-party administrator's premises to inspect and audit the records and performance of the third-party administrator which pertains to the program and to obtain such records electronically when audit travel costs can be eliminated or reduced;

(6) Require the compliance with all applicable local, state and federal laws;

(7) Establish a monitoring and acceptance procedure to determine compliance with third-party administrator contract requirements; and

(8) Establish indemnification provisions and set forth insurance requirements between the parties.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-100, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-100, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-20-102, § 82-65-100, filed 10/1/10, effective 11/1/10.

Wash. Admin. Code § 200-110-110 Standards for contracts—Joint self-insurance programs—Competitive solicitation standards for consultant contracts.

Every joint self-insurance program shall use a competitive solicitation process in the selection of consultants. The process shall provide an equal and open opportunity to qualified parties and shall culminate in a selection based on preestablished criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts. Bid responses, solicitation documents and evidence of publication shall be retained in accordance with laws governing public records and shall be available for review by the state risk manager and state auditor.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-110, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-110, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-20-102, § 82-65-110, filed 10/1/10, effective 11/1/10.

Wash. Admin. Code § 200-110-120 Standards for claims management—Claims administration.

(1)(a) All self-insurance programs shall have a written claims administration program which includes, as a minimum, claims filing procedures, internal financial control mechanisms, and claim and claim adjustment expense reports.

(b) All individual and joint health and welfare self-insurance programs shall have a written claim appeal procedure that contains, as a minimum, a time limit for filing an appeal, a time limit for response, and a provision for the second level of review.

(2) All self-insurance programs may perform claims administration services on their own behalf or may contract for claims administration services with a qualified third-party administrator, provided all of the specific requirements under subsection (1) of this section are included in the contract.

(3) All joint self-insurance programs shall maintain a financial system that identifies claim and claim adjustment expenses.

(4) All joint self-insurance programs shall maintain claim expense reports for all claims made against the joint self-insurance program and its members.

(5) All self-insurance programs offering medical coverage shall obtain a claims audit of claim reserving, adjusting and payment procedures every three years at a minimum. A claims audit shall be conducted by a qualified claims auditor not affiliated with the program, its broker of record, or its third-party administrator. Such review shall be in writing and identify strengths, areas of improvement, findings, conclusions and recommendations. Such review shall be provided to the governing body and retained for a period not less than six years. The scope of the claims audit shall include claims administration procedures listed in subsection (1) of this section. The claims audit may include other self-insured benefits offered to employees, but only self-insured employee medical programs are required to obtain an audit.

(6) The state risk manager may require more frequent claims audits for programs that, in the state risk manager's opinion, are not operationally or financially sound. Failure to obtain the requested independent claims audit when required may result in the procurement of such audit by the state risk manager on behalf of the program. Costs of these services shall be the responsibility of the self-insurance program.

History

Statutory Authority: RCW 48.62.061. WSR 22-18-001, § 200-110-120, filed 8/24/22, effective 9/24/22. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-120, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-120, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-130 Standards for management and operations—State risk manager reports.

(1) Every individual and joint health and welfare self-insurance program authorized to transact business in the state of Washington shall electronically submit the annual report to the state risk manager no later than 150 days following the completion of the program's fiscal year.

(2) Joint self-insurance programs offering medical benefits shall electronically submit annual financial statements in the format prescribed by the state auditor's office. All individual and joint self-insurance programs shall electronically submit the revenue, expenses and other financial data on a form provided by the state risk manager.

(3) All individual and joint self-insurance programs providing medical benefits and maintaining reserves of less than 16 weeks of program expenses shall submit a written actuarial estimate of outstanding program liabilities as of fiscal year ending.

(4) All individual and joint self-insurance programs shall submit electronically a list of contracted consultants with the annual report to the state risk manager.

(5) Joint self-insurance programs shall submit electronically the following additional information as part of the annual report to the state risk manager:

(a) Details of changes in articles of incorporation, bylaws or interlocal agreement;

(b) Details of ongoing significant services provided by contract to nonmembers;

(6) All individual and joint self-insurance programs not meeting reserve requirements as of fiscal year ending as described in WAC 200-110-040 may be required by the state risk manager to submit quarterly reports until notified by the state risk manager that reserving standards have been met.

(7) Failure to provide required financial reports may result in corrective action by the state risk manager. Such actions may include:

(a) Increase in frequency of examinations;

(b) On-site monitoring by the state risk manager;

History

Statutory Authority: RCW 48.62.061. WSR 22-18-001, § 200-110-130, filed 8/24/22, effective 9/24/22
WSR 17-22-048, § 200-110-130, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-130, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-20-102, § 82-65-130, filed 10/1/10, effective 11/1/10.

Wash. Admin. Code § 200-110-140 Standards for operations—Program changes—Notification to the state risk manager.

(1) All individual and joint self-insurance programs shall operate in the same form and manner stated in the program's original application approved by the state risk manager. Programs shall submit a written request and receive approval from the state risk manager prior to implementing the following proposed program changes:

(a) Any change in the terms of the interlocal agreement of a joint self-insurance program;

(b) Acceptance of any loans or lines of credit;

(d) Addition of members of other entity types than those included in original application approved by state risk manager.

(2) The following joint self-insurance program changes require written notification to the state risk manager prior to implementing the following changes:

(a) Initial contract with a third-party administrator, or change in third-party administrator;

(b) Any change to bylaws of a joint self-insurance program.

History

Statutory Authority: RCW 48.62.061. WSR 22-18-001, § 200-110-140, filed 8/24/22, effective 9/24/22. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-140, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-140, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-150 Standards for management and operations—Conflict of interest.

(1) Every individual and joint self-insurance program shall require the third-party administrator and the broker of record to contract separately with the self-insurance program. Each contract between a self-insurance program and a broker or third-party administrator must include a statement that no conflict of interest exists prior to acceptance of the contract by the self-insurance program.

(2) All self-insurance programs shall meet the following standards regarding restrictions on the financial interests of the program administrators:

(a) No member of the board of directors; trustee; administrator, including a third-party administrator; or any other person having responsibility for the management or administration of a self-insurance program or the investment or other handling of the program's money shall:

(ii) Receive compensation as a consultant to the program while also acting as a member of the board of directors, trustee, third-party administrator, or as an employee.

(iii) Have any direct or indirect pecuniary interest in any loan or investment of the program.

(b) No consultant or legal counsel to the self-insurance program shall directly or indirectly receive or be pecuniarily interested in any commission or other compensation arising out of any contract or transaction between the self-insurance program and any insurer, health care service contractor, health care supply provider or consultant.

(c) Brokers of record for the self-insurance program may receive compensation for insurance transactions performed within the scope of their licenses. The terms of compensation shall be provided for by contract between the broker of record and the self-insurance program, and the amount or percentage of the compensation must be disclosed in the contract between the parties. Contracts between brokers of record and the self-insurance program shall include a provision that contingent commissions or other form of compensation not specified in the contract shall not be paid to the broker of record as a result of any self-insurance program insurance transactions.

(d) No third-party administrator shall serve as an officer or on the board of directors of a self-insurance program.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-150, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-150, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-150, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-160 Standards for operations—State risk manager—Expense and operating cost fees.

(1) The state risk manager shall fix state risk manager fees to cover expenses and operating costs of the state risk manager's office in administering chapter 48.62 RCW. Such fees shall be levied against each individual and joint health and welfare benefit self-insurance program regulated by chapter 48.62 RCW. Services covered by the state risk manager fees will include program reviews, monitoring and continuing oversight.

(2) The state risk manager fees shall be paid by each self-insurance program to the state of Washington, department of enterprise services, within sixty days of the date of invoice. Any self-insurance program failing to remit its fee when due is subject to denial of permission to operate or to a cease and desist order until the fee is paid.

(3) A self-insurance program that has voluntarily or involuntarily terminated shall continue to pay an administrative fee until such time as all liabilities for unpaid claims and claim adjustment expenses and all administrative responsibilities of the self-insurance program have been satisfied.

(4) The state risk manager shall assess each prospective joint health and welfare self-insurance program and each prospective individual health and welfare benefit self-insurance program, an initial investigation fee at a rate determined annually by the state risk manager.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-160, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-160, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-160, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-170 Standards for operations—Appeals of fees.

(1) A self-insurance program which disagrees with a fee for services issued to it by the state risk manager shall notify the state risk manager in writing within thirty days after receipt of the invoice. The writing shall include the self-insurance program's reasons for challenging the fee and any other information the self-insurance program deems pertinent.

(2) The state risk manager shall review any fee appealed by a self-insurance program, together with the reasons for the appeal. Within fourteen days of receipt of notification from the self-insurance program, the state risk manager shall respond in writing to the self-insurance program, either reaffirming the fee or modifying it, and stating the reasons for the decision.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-170, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-170, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-180 Standards for operations—Appeals of cease and desist orders.

Within ten days after an individual or joint self-insurance program covering health and welfare benefits has been served with a cease and desist order under RCW 48.62.091(3), the entity may request an administrative hearing. The hearing provided may be held in such a place as is designated by the state risk manager and shall be conducted in accordance with chapters 34.05 RCW and 10-08 WAC.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-180, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-180, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-190 Standards for operations—Meetings.

Every self-insurance program is subject to the requirements of the Open Public Meetings Act as described in chapter 42.30 RCW.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-190, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-190, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-200 Standards for operation and management—Rules for joint self-insurance programs.

The following rules apply exclusively to joint self-insurance programs. Individual programs shall be exempt from these requirements.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-200, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-200, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-210 Standards for operation—Membership.

Membership in a joint self-insurance program requires the execution of an interlocal agreement. Members of a joint self-insurance program shall receive benefits for claims covered by the program only as a result of their signature on the interlocal agreement. Only members may participate in risk-sharing. Only members may participate in the self-insured retention layer, and only members may participate in the joint purchase of insurance. Further, each member shall agree to the following:

(1) Each member shall pay assessments when required by the governing body of the program.

(3) Each member shall become a signatory to the interlocal agreement and subsequent amendments to the interlocal agreement of the joint self-insurance program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-210, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-210, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-220 Standards for operation—Providing services to nonmembers.

(1) Nonmember local governments may purchase claims administration, risk management, claims processing and/or other ongoing significant support services through an interlocal agreement as authorized by chapter 39.34 RCW. Nonmembers shall not participate in any coverages of the joint self-insurance program including the self-insured retention layer and the excess insurance or reinsurance layer. This section is not intended to preclude nonmembers purchasing services from becoming members of the joint self-insurance program, provided the nonmember meets the requirements of WAC 200-110-210 and is eligible for membership as authorized by RCW 48.62.021(1). This section is not intended to limit programs from providing occasional risk management or other support services to nonmembers, but is intended to provide standards for members providing ongoing significant services to nonmembers.

(2) A program intending to provide ongoing significant services to nonmembers shall submit a written plan to the state risk manager for approval prior to providing services. The plan shall include, at a minimum, the services to be provided, the time frame for providing such services, the expected revenues and expenditures resulting from providing said services, and a written legal determination of all potential federal and state tax liabilities created by providing services to nonmembers. The arrangement to provide such services shall be approved in writing by the state risk manager within sixty days of the joint self-insurance program's final plan submission.

(3) Every joint self-insurance program providing ongoing significant services to nonmembers as of the effective date of these regulations must submit a written plan meeting the requirements stated herein.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-220, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-220, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-220, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-230 Standards for operation—Communication with members—Annual membership report.

Every joint self-insurance program shall make available to each member a copy of the program's annual membership report. The annual membership report shall include, at a minimum, financial information which includes the statement of net position and statement of revenues and expenses. The reports shall be delivered to each member by electronic or regular mail. Programs may meet the delivery requirement by publishing and maintaining the membership report on the official website of the program for a minimum of three years from the date of publication.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-230, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-230, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-230, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-240 Standards for operation—Notice of regular meetings of the governing body.

Every joint self-insurance program shall provide every member with a notice of the time and place of each regular meeting of the governing body at least ten days prior to the meeting. The notice shall be provided in electronic or paper form, and the time and location of each meeting shall be included in such notice. The state risk manager shall be provided a copy of all meeting notifications to members in the same form, manner and time as provided to members. In addition to electronic or regular mail, programs shall publish notification of regular meetings on the electronic website of the program accessible to the public. Notice of regular meetings shall comply with the meeting notification requirements of chapter 42.30 RCW or be published at least ten days in advance of regular meetings, whichever notification time is greater.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-240, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-240, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-240, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-250 Standards for operation—Special meetings—Notice to members.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-250, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-250, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-260 Standards for operations—Meeting agendas—Meeting minutes.

Every joint self-insurance program will provide the state risk manager and every member with a preliminary agenda in advance of each meeting of the governing body. The agenda shall be delivered by electronic mail and shall be posted on the website of the program accessible to the public. Meeting minutes, after approval, shall be posted on the website of the program accessible to the public.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-260, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-260, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-260, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-270 Standards for operation—Notification of changes to bylaws or interlocal agreement.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-270, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-270, filed 6/28/10, effective 10/1/10.

Wash. Admin. Code § 200-110-280 Standards for operation—Changes to interlocal agreement.

(1) Changes to any terms of the interlocal agreement shall be by amendment and shall be approved by the governing body of each joint self-insurance program during a regular meeting of the governing body.

(2) Amendments to the interlocal agreement shall be adopted by ordinance or resolution of the governing board or council of each member and signed by an authorized representative of each member. The resolution or ordinance shall include, but not be limited to, an acknowledgment that the member is subject to assessments and reassessments if required by the joint self-insurance program. The signed amendment and copy of the ordinance or resolution, as appropriate, shall be submitted to, and retained by, the joint self-insurance program. Copies of the interlocal agreement and subsequent amendments shall be published on the electronic website of the joint self-insurance program.

(3) Changes to any terms of the interlocal agreement shall require amendment using the approval and adoption process described above.

(5) When a new interlocal agreement is adopted by the governing body of the joint self-insurance program to replace the existing interlocal agreement and incorporate amendments, the new interlocal agreement shall be adopted by ordinance or resolution of each member of the joint self-insurance program. The new interlocal agreement shall be signed by an authorized representative of each member. The signed interlocal agreement and a copy of the ordinance or resolution adopting the program shall be submitted to, and retained by, the joint self-insurance program until termination of the program occurs.

History

Statutory Authority: RCW 48.62.061. WSR 17-22-048, § 200-110-280, filed 10/25/17, effective 11/25/17. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-110-280, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 48.62.061. WSR 10-14-034, § 82-65-280, filed 6/28/10, effective 10/1/10.

Chapter 200-120 Affordable housing entity joint self-insurance property and liability program requirements.

Wash. Admin. Code § 200-120-010 Preamble and authority.

These rules governing affordable housing self-insurance transactions are adopted by the state risk manager to implement chapter 48.64 RCW relating to the management and operations of a joint affordable housing entity property and liability self-insurance program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-010, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-010, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-020 Definitions.

"Actuary" means any person who is a fellow of the Casualty Actuarial Society and a member of the American Academy of Actuaries.

"Affordable housing" means housing projects in which some of the dwelling units may be purchased or rented on a basis that is affordable to households with an income of eighty percent or less of the county median family income, adjusted for family size.

"Affordable housing entity" means any of the following:

(a) A housing authority created under the laws of this state or another state and any agency or instrumentality of a housing authority including, but not limited to, a legal entity created to conduct a joint self-insurance program for housing authorities that is operating in accordance with chapter 48.62 RCW; a nonprofit corporation shall be considered an "agency" of a housing authority if the nonprofit corporation is fulfilling one or more purposes of a housing authority and is affiliated with a housing authority that:

(i) Has, or has the right to acquire a membership interest in the nonprofit corporation;

(ii) Has provided financing to the nonprofit corporation;

(iii) Has entered into a contract with a nonprofit corporation to provide staff, management services or property management services; or

(iv) Has transferred or leased affordable housing to the nonprofit corporation or is leasing affordable housing from the nonprofit corporation; a nonprofit corporation shall be considered an "instrumentality" of a housing authority if the nonprofit corporation is fulfilling one or more functions of a housing authority and whose assets, operations or management are subject to control by the housing authority by reason of contracts, affiliation, legal structure or otherwise including, but not limited to:

(A) The housing authority organizing the nonprofit corporation;

(B) Directors or employees of the housing authority serving as directors of the nonprofit corporation;

(D) The housing authority possessing the power to direct the management or policies of the nonprofit corporation or being under common control with the nonprofit corporation;

(b) A nonprofit corporation that is engaged in providing affordable housing and is necessary for the completion, management, or operation of a project because of its access to funding sources that are not available to a housing authority; or

(c) A general or limited partnership or limited liability company, whether organized under the laws of this state or another state, that is engaged in providing affordable housing; a partnership or limited liability company may only be considered an affordable housing entity if a housing authority (including any agency or instrumentality of a housing authority) or nonprofit corporation, as described above, satisfies any one of the following conditions:

(i) It has, or has the right to, acquire a financial or ownership interest in the partnership or limited liability company;

(ii) It possesses the power to direct management or policies of the partnership or limited liability company; or

(iii) It has entered into a contract to lease, manage, or operate the affordable housing owned by the partnership or limited liability company.

"Board of directors" means the individuals vested with overall management of the joint self-insurance program; management of the joint self-insurance program shall be exercised by or under the authority of the board of directors, and the affairs of the joint self-insurance program shall be managed under the direction of the board of directors.

"Broker of record" means the insurance producer licensed in the state of Washington who, through a contractual agreement with the joint self-insurance program, procures insurance on behalf of the joint self-insurance program.

"Case reserves" means the total of all claims and claims adjustment expenses for covered events which have occurred and have been reported to the joint self-insurance programs as of the date of the financial statement. Case reserves include an estimate for each reported claim based on the undiscounted jury verdict value of said claim.

"Claim" means a demand for payment for damages or policy benefit because of the occurrence of an event that includes, but is not limited to, the destruction or damage of property or reputation, bodily injury or death and alleged civil rights violations.

"Claim adjustment expense" means expenses, other than claim payments, incurred in the course of investigating and settling claims.

"Claims auditor" means a person who has the following qualifications:

(a) A minimum of three years of experience in auditing the same manner of claims filed against the program being audited;

(b) Proof of professional liability insurance; and

(c) Provides a statement that the auditor is independent from the program being audited, its vendors, insurers, brokers, and third-party administrators.

"Competitive process" means a documented procurement process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

"Consultant" means an independent individual or private business contracting with a joint self-insurance program to perform actuarial, claims auditing or third-party administration services, represent the program as broker of record, and rendering an opinion or recommendation according to the consultant's methods, all without being subject to the control of the program, except as to satisfaction of the contracted deliverables.

"Contribution" means the moneys paid by the participants to a joint self-insurance program.

"Governing body" means the multimember board, commission, committee, council, or other policy or rule-making body of an owner of a joint self-insurance program formed under this chapter.

"Incurred but not reported, or IBNR" means claims and claim adjustment expenses for covered events which have occurred but have not yet been reported to the joint self-insurance program as of the date of the financial statement. IBNR claims include:

(a) Known loss events that are expected to be presented later as claims;

(b) Unknown loss events that are expected to become claims; and

"Joint self-insurance program" means any two or more affordable housing entities which have entered into a cooperative risk sharing agreement subject to regulation under chapter 48.64 RCW.

"Nonowner participant" means an affordable housing entity that:

(a) Obtains coverage in the excess or self-insured retention portion of the joint self-insurance program subject to regulation under chapter 48.64 RCW;

(b) Is an affordable housing entity authorized to participate in a joint self-insurance program authorized by chapter 48.64 RCW; and

"Nonprofit corporation" means a nonprofit corporation organized under the laws of this state or the laws of any other state, of which no part of the income of the nonprofit corporation is distributable to its members, directors or officers.

"Owner" means an affordable housing entity that has the rights and obligations of ownership in the joint self-insurance program and satisfies the requirements in either (a) or (b) of this definition:

(a) The affordable housing entity acquires an ownership interest in the joint self-insurance program by making a financial contribution; and

(i) Is a signatory to a joint self-insurance program's ownership agreement;

(ii) Obtains approval to join the joint self-insurance program from the governing body of the owner, which approval shall be by resolution or ordinance of the governing body as appropriate for the entity type;

(iii) Obtains coverage in the excess or self-insured retention portion of the joint self-insurance program subject to regulation under chapter 48.64 RCW;

(iv) Is an affordable housing entity authorized to participate in a joint self-insurance program authorized by chapter 48.64 RCW; or

(b) The affordable housing entity acquires an ownership interest in the joint self-insurance program by reason of its membership or ownership of another joint self-insurance program authorized by chapter 48.62 RCW or chapter 48.64 RCW without making a financial contribution and:

(i) Obtains coverage in the excess or self-insured retention portion of the joint self-insurance program subject to regulation under chapter 48.64 RCW; and

(ii) Is an affordable housing entity authorized to participate in a joint self-insurance program authorized by chapter 48.64 RCW.

"Ownership agreement" means the written agreement that sets forth the rights and obligations of the owners in a joint self-insurance program authorized by chapter 48.64 RCW.

"Participant" means either an owner or nonowner participant or both in a joint self-insurance program authorized by chapter 48.64 RCW.

"Primary assets" means cash and investments (less any nonclaims liabilities).

"Risk sharing" means that the participant of a joint self-insurance program jointly absorbs certain or specified financial exposures to risks of loss through the creation of a formal program of advance funding of actuarially determined anticipated loss; and/or jointly purchase insurance or reinsurance through a joint self-insurance program formed under chapter 48.64 RCW.

"Secondary assets" means insurance receivables, real estate or other assets (less any nonclaims liabilities) the value of which can be independently verified by the state risk manager.

"Services" means administrative, electronic, management, loss prevention, training or other support services which do not include the participation in or purchase of coverage in the excess or self-insured retention portion of the joint self-insurance programs.

"Stop-loss insurance" means a promise by an insurance company or other insurance provider that it will cover losses of the entity it insures over and above an agreed-upon aggregated amount.

"Third-party administrator" means an independent association, agency, entity or enterprise which, through a contractual agreement, provides one or more of the following ongoing services: Pool management or administration services, claims administration services, risk management services, or services for the design, implementation, or termination of an individual or joint self-insurance program.

"Unallocated loss adjustment expense" or "ULAE" means costs that cannot be associated with specific claims but are related to the claims adjustment process, such as administrative and internal expenses related to settlement of claims at the termination of the program.

"Unpaid claims" means the obligations for future payment resulting from claims due to past events. This liability includes loss, loss adjustments expenses, incurred but not reported claims (IBNR), case reserves, and unallocated loss adjustment expenses (ULAE).

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-020, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-020, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-030 Standards for operation—Participation.

Only participants may participate in risk-sharing in a joint self-insurance program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-030, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-030, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-050 Standards for operation—Communication with participants—Annual membership report.

The joint self-insurance program shall make available to each participant an annual membership report which includes a copy of the program's annual audited financial statements. The annual report may also include other information as determined by the board of directors. The reports shall be delivered to each member by electronic or regular mail. Programs may meet the delivery requirement by publishing and maintaining the membership report on the official website of the program for a minimum of three years from the date of publication.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-050, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-050, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-060 Standards for operations—Meetings.

All joint self-insurance programs authorized by chapter 48.64 RCW are subject to the requirements of the Open Public Meetings Act as described in chapter 42.30 RCW.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-060, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-060, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-070 Standards for operation—Notice of regular meetings of the board of directors or owners.

Every joint self-insurance program shall provide every participant with a notice of the time and place of each regular meeting of the board of directors or owners at least ten days prior to the meeting. The notice shall be delivered in electronic or paper form, and the time and location of each meeting shall be included in such notice. The state risk manager shall be provided a copy of all meeting notifications to participants in the same form, manner and time as provided to participants. In addition to electronic or regular mail, programs shall publish notification of regular meetings on the electronic website of the program accessible to the public. Notice of regular meetings shall comply with the meeting notification requirements of chapter 42.30 RCW or be published at least ten days in advance of regular meetings, whichever notification time is greater.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-070, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-070, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-080 Standards for operation—Notice of special meetings of the board or directors or owners.

All joint self-insurance programs shall comply with the requirements of RCW 42.30.080 in providing notification of special meetings of the board of directors or owners. In addition, programs shall provide notice by electronic mail to the state risk manager and every participant of the joint self-insurance program twenty-four hours in advance of every special meeting.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-080, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-080, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-090 Standards for operations—Meeting agendas—Meeting minutes.

Every joint self-insurance program will provide the state risk manager and every participant with a preliminary agenda in advance of each meeting of the board of directors or owners. The agenda shall be delivered by electronic mail and shall be posted on the website of the program accessible to the public. Meeting minutes, after approval, shall be posted on the website of the program accessible to the public.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-090, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-090, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-100 Standards for operation—Notification of amendments to ownership agreement.

Every joint self-insurance program shall provide notification of the intent to amend the ownership agreement to each owner and the state risk manager by regular or electronic mail at least thirty days in advance of the meeting during which a vote on the proposed amendment will occur. Such notification shall include a copy of proposed amendments.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-100, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-100, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-110 Standards for operation—Amendments to ownership agreement.

(1) Any amendments to ownership agreement shall be approved by the board of directors before being submitted to the owners for approval. Each owner shall be notified that one of the purposes of the meeting of the owners is to consider the proposed amendments to the ownership agreement, accompanied by a copy of the proposed amendments. Any amendments to the ownership agreement shall be approved by a majority in interest of the owners, or by a greater vote if provided for in the ownership agreement. Amendment to the ownership agreement shall be approved by the vote of the owners during a regular or special meeting of the owners or by the submission of written mail-in ballots. Voting by proxy shall be permitted in the manner set forth in the ownership agreement. If written mail-in ballots are used, the ballots are to be secured and remain unopened until the next meeting of the board of directors. The opening and counting of the written mail-in ballots shall be conducted by the board of directors during its next meeting and retained in compliance with public records retention laws. Each proxy or written mail-in ballot shall be read orally as to the owner name and vote, either in the affirmative or negative, and recorded in the meeting minutes.

(2) The ownership agreement and subsequent amendments shall be published on the electronic website of the joint self-insurance program.

(3) The addition or termination of owners or nonowner participants in the joint self-insurance program shall not be considered an amendment to the ownership agreement.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-110, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-110, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-120 Standards for operation—Elections of the board of directors.

(1) All or a majority of the board of directors of every joint self-insurance program shall be elected by the owners. Unless otherwise provided in the ownership agreement, the directors shall be elected by a plurality of the votes cast by the owners at a regular meeting of the owners at which at least one-third of the owners are represented in person or by proxy. Voting by proxy shall be permitted in the manner set forth in the ownership agreement. Each proxy shall be read orally as to the owner name and vote and recorded in the meeting minutes. Voting for directors by written mail-in ballot shall not be permitted.

(2) The board of directors shall also include two or more individuals who are affiliated with the nonowner participants. These directors shall be elected by either the owners or the nonowner participants or both or shall be appointed by the directors elected by the owners in accordance with subsection (1) of this section.

(3) The ownership agreement may provide for staggering the terms of the directors by dividing the total number of directors into two or three groups, with each group to be as nearly equal in number as possible.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-120, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-120, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-130 Standards for management and operation—Adoption of program.

The ownership agreement of a joint self-insurance program shall be adopted by resolution or ordinance by the governing body of each owner, unless the owner acquires an ownership interest in the joint self-insurance program by reason of its membership or ownership in another joint self-insurance program authorized by chapter 48.62 RCW or chapter 48.64 RCW without making a financial contribution. Any such resolution or ordinance shall include, but not be limited to, an acknowledgment that the entity shall be subject to contributions as required by the joint self-insurance program. Copies of each such resolution or ordinance shall be retained by the joint self-insurance program and available for inspection by the state risk manager. The ownership agreement, along with a list of the owners of the joint self-insurance program, shall be published on the public website of each joint self-insurance program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-130, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-130, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-140 Standards for solvency—Actuarially determined liabilities, program funding and liquidity requirements.

(1) All joint self-insurance programs shall obtain an annual actuarial review as of fiscal year end which provides estimates of the unpaid claims measured at the expected and the seventy percent confidence level.

(2) The board of directors of the joint self-insurance program shall establish and maintain primary assets in an amount at least equal to the unpaid claims estimate at the expected level as determined by the program's actuary as of fiscal year end. All joint self-insurance programs that do not meet the requirement to maintain sufficient primary assets as of fiscal year end shall notify the state risk manager in writing of the condition. The state risk manager shall take corrective action, which may include the service of a cease and desist order upon the program, to require that the program increase primary assets in an amount equal to the unpaid claims estimate at the expected level as determined by the program's actuary as of fiscal year end.

(3) The board of directors of the joint self-insurance program shall establish and maintain total primary and secondary assets in an amount equal to or greater than the unpaid claim estimate at the seventy percent confidence level as determined by the program's actuary as of fiscal year end. All joint self-insurance programs that do not meet the reserve requirements to maintain sufficient primary and secondary assets shall notify the state risk manager in writing of the condition. The state risk manager shall require that the program submit a written corrective action plan to the state risk manager within sixty days of notification. Such plan shall include a proposal for improving the financial condition of the self-insurance program and a time frame for completion. The state risk manager shall approve or deny the proposed plan in writing within thirty days of receipt of the final plan submission. Failure by the joint self-insurance program to respond or submit a plan to improve the financial condition of the program shall cause the state risk manager to take corrective action, which may include the service of a cease and desist order upon the program.

(4) The state risk manager shall evaluate the operational safety and soundness of the program by monitoring changes in liquidity, claims reserves and liabilities, owner equity, self-insured retention, and other financial trends over time. Programs experiencing adverse trends may cause the state risk manager to increase frequency of on-site program review and monitoring, including increased communication with the board of directors and requirements for corrective plans.

(5) When the state risk manager determines it necessary to analyze the program's soundness and financial safety, the state risk manager may obtain an independent actuarial evaluation to determine the adequacy of reserves. Costs of these services shall be the responsibility of the joint self-insurance program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-140, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-140, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-150 Standards for management and operations—Individual rate setting—Nondiscrimination in joint program contributions.

(1) Joint self-insurance program contribution formulas shall include all costs including rating for insured and self-insured layers of coverage. Contribution formulas shall be consistent and shall not unfairly discriminate among the participants relative to the risks covered and the coverage benefits provided under the joint self-insurance program. Contribution formulas shall prohibit public entity participants from subsidizing rates for nonprofit and/or privately owned affordable housing entities.

(2) This provision shall not be construed to prohibit individual choice of coverage by participants from several offered by the joint self-insurance program. The contribution formula, including the insured and self-insured components, shall be consistently applied to reflect the selection from among these choices.

(3) The contribution formula shall be available for review by the state risk manager.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-150, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-150, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-160 Standards for operations—Disclosures.

All joint self-insurance programs shall furnish to every participant of the program written statements which describe:

(1) Insurance coverages or benefits currently provided by the program, including any applicable restrictions, limitations, and exclusions;

(2) The procedure for filing a claim against the joint self-insurance program;

(3) The procedure for a participant to request an adjudication of disputes or appeals arising from coverage, claim payment or denial, and other issues; and

(4) General characteristics of the insurance coverage portion of the program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-160, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-160, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-170 Standards for operations—Standards for solvency—Termination provisions.

(2) Participation terminations. All joint self-insurance programs shall maintain a written plan that provides for the termination of owners and nonowner participants.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-170, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-170, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-180 Standards for management and operations—Financial plans.

(1) All joint self-insurance programs shall maintain a written plan or policy approved by the board of directors for managing the financial resources of the program. The financial plan shall include:

(a) A procedure for accounting for moneys received, payments made and liabilities of the joint program which complies with generally accepted accounting principles;

(b) An investment policy which conforms to those laws and regulations applicable to the joint self-insurance program and to the investment guidelines stated in the program's original application approved by the state risk manager; and

(c) The preparation and submission of audited financial statements to the state risk manager within one hundred twenty days after the program's fiscal year end.

(2) No financial plan of a joint self-insurance program shall permit loans to any participant from primary assets held for payment of unpaid claims at the expected level as determined by an actuary as of fiscal year end.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-180, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-180, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-190 Standards for management—Standards for contracts—Third-party administrator contracts.

Before contracting with private businesses for third-party administrator professional services, all joint self-insurance programs shall establish and maintain written procedures approved by the board of directors for contracting with privately owned third-party administrators. Entering a contract for services shall not relieve the board of directors of the joint self-insurance program of its ultimate oversight, managerial and financial responsibilities. The procedures shall, as a minimum:

(1) Provide a method of privately owned third-party administrator selection using a competitive process;

(3) Provide for the confidentiality of the program's information, data and other intellectual property developed or shared during the course of the contract;

(4) Provide for the program's ownership of the information, data, and other intellectual property developed or shared during the course of the contract;

(6) Require the compliance with all applicable local, state and federal laws; and

(7) Establish indemnification provisions and set forth insurance requirements between the parties.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-190, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-190, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-210 Standards for operation and management—Risk management.

All joint self-insurance programs formed under this chapter shall have a written risk management program which includes, but is not limited to, loss control, loss prevention, training and evaluation of risk based on loss experience.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-210, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-210, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-220 Standards for claims management—Claims administration.

(1) All joint self-insurance programs shall adopt a written claims administration program which includes, as a minimum, the following procedures:

(a) Claims filing procedures and forms.

(b) Standards requiring case reserves for each claim be established in the amount of the undiscounted jury verdict value.

(c) Standards requiring case reserves be reviewed every ninety days or when reasonably practicable and such review is documented in the claims diary.

(d) Standards requiring appropriate adjuster workloads.

(e) Standards requiring claims payment procedures include sufficient internal controls to ensure adequate review and approval by claims management staff.

(f) Standards requiring file documentation be complete and up-to-date.

(g) Standards requiring timely and appropriate claim resolution practices.

(h) Standards requiring opportunities for recoveries be reviewed and documented for each claim.

(i) Standards requiring compliance with Internal Revenue Service (IRS) rules for 1099 MISC reporting.

(3) All joint self-insurance programs shall have a written coverage appeal procedure that contains, as a minimum, procedures for a participant filing an appeal with the joint self-insurance program, including the time limit for filing, a time limit for response, and a provision for an additional level of review.

(4) All joint self-insurance programs shall maintain a financial system that identifies claim and claim adjustment expenses.

(5) All joint self-insurance programs shall provide for the purchase of goods and services to replace or repair property in a manner which will, in the judgment of the board of directors of the joint self-insurance program, avoid further damage, injury, or loss of use to a participant or third-party claimant.

(6) All joint self-insurance programs shall maintain claim expense reports for all claims made against the joint self-insurance program and its participants.

(7) All joint self-insurance programs shall obtain an independent review of claim reserving, adjusting and payment procedures every three years at a minimum. Said audit shall be conducted by an independent qualified claims auditor not affiliated with the program, its insurers, its broker of record, or its third-party administrator. Such review shall be in writing and identify strengths, areas of improvement, findings, conclusions and recommendations. Such review shall be provided to the board of directors and retained for a period not less than six years. The scope of the claims audit shall include claims administration procedures listed in subsection (1) of this section.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-220, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-220, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-230 Standards for management and operations—State risk manager reports.

(1) Every joint property and liability self-insurance program authorized to transact business in the state of Washington shall submit the annual report to the state risk manager.

(2) The annual report to the state risk manager shall require the following information to be submitted in electronic form within one hundred twenty days of fiscal year end:

(a) Audited annual financial statements, including signed, as provided to the financial auditors;

(b) Actuarial reserve review report on which the net claims liabilities at fiscal year end reported in the audited financial statements are based;

(d) List of contracted consultants;

(e) Details of changes in the ownership agreement; and

(f) Details of services provided by contract to nonmember participants.

(3) All joint self-insurance programs shall submit quarterly financial reports if, in the estimation of the state risk manager, the financial condition of a program warrants additional quarterly reporting requirements.

(4) Failure to provide required financial reports may result in corrective action by the state risk manager. Such actions may include:

(a) Increase in frequency of examinations, the cost of which shall be the responsibility of the program;

(b) On-site monitoring by the state risk manager;

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-230, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-230, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-240 Standards for operations—Program changes—Notification to the state risk manager.

(a) Any change in the terms of the ownership agreement;

(b) Elimination or reduction of stop-loss insurance;

(d) Provision of services to nonparticipants;

(e) Addition of participants of other entity types than those included in original application approved by state risk manager;

(f) Any change in the program's investment guidelines.

(2) The following program changes require written notification to the state risk manager prior to implementing the following changes:

(a) Increases in retention level;

(b) Decrease or increase insurance limits;

(d) Any change to ownership agreement.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-240, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-240, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-250 Standards for management and operations—Conflict of interest.

(1) Every joint self-insurance program formed under this chapter shall require the claims auditor, the private third-party administrator, the actuary, and the broker of record to contract separately with the joint self-insurance program. Each contract shall require that a written statement be submitted to the program on a form provided by the state risk manager providing assurance that no conflict of interest exists prior to acceptance of the contract by the joint self-insurance program.

(2) All joint self-insurance programs shall meet the following standards regarding restrictions on the financial interests of the program administrators:

(a) No member of the board of directors, private business, including a third-party administrator, or any other person having responsibility for the management or administration of a joint self-insurance program or the investment or other handling of the program's money shall:

(ii) Receive compensation as a consultant to the program while also acting as a member of the board of directors, private third-party administrator, or as an employee.

(iii) Have any direct or indirect pecuniary interest in any loan or investment of the program.

(b) No consultant or legal counsel to the joint self-insurance program shall directly or indirectly receive or be pecuniarily interested in any commission or other compensation arising out of any contract or transaction between the joint self-insurance program and any insurer or consultant except for salary and other similar compensation regularly fixed and allowed for because of services regularly rendered to the program.

(c) Brokers of record for the joint self-insurance programs may receive compensation for insurance transactions performed within the scope of their licenses. The amount and other terms of compensation of a broker of record shall be provided for in a written contract approved by the board of directors. Any such contract shall include a provision that contingent commissions or other forms of compensation not specified in the contract shall not be paid to the broker of record as a result of any joint self-insurance program insurance transactions. The joint self-insurance program shall establish a contract provision which requires the broker provide to the board of directors of the joint self-insurance program a written annual report on a form provided by the state risk manager which discloses the actual financial compensation received. The report shall include verification that no undisclosed commission was received as a result of any such insurance transaction made on behalf of the program.

(d) No employee or other representative of a broker of record, insurer or private third-party administrator shall serve as an officer or on the board of directors of a self-insurance program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-250, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-250, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-260 Standards for operations—State risk manager—Expense and operating cost fees.

(1) The state risk manager shall fix state risk manager assessment fees to cover expenses and operating costs of the state risk manager's office in administering chapter 48.64 RCW. Such fees shall be levied against each joint property and liability self-insurance program regulated by chapter 48.64 RCW. Services covered by the state risk manager fees will include program reviews, monitoring and continuing oversight.

(2) The state risk manager fees shall be paid by each joint self-insurance program formed under this chapter to the state of Washington, department of enterprise services within sixty days of the date of invoice. Any joint self-insurance program failing to remit its fee when due is subject to denial of permission to operate or to a cease and desist order until the fee is paid.

(4) The state risk manager shall assess each prospective joint self-insurance program an initial investigation fee at a rate determined annually by the state risk manager. Such fee shall be sufficient to cover the costs for the initial review and approval of that self-insurance program.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-120-260, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-260, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-260, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-270 Standards for operations—Appeals of fees.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-270, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-270, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-280 Standards for operations—Appeals of cease and desist orders.

Within ten days after a joint self-insurance program covering property or liability risks formed under this chapter has been served with a cease and desist order under RCW 48.64.080(3), the entity may request an administrative hearing. The hearing provided may be held in such a place as is designated by the state risk manager and shall be conducted in accordance with chapters 34.05 RCW and 10-08 WAC.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-280, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-280, filed 2/16/11, effective 3/19/11.

Wash. Admin. Code § 200-120-290 Standards for contracts—Competitive procurement standards for consultant contracts.

Every joint self-insurance program formed under this chapter shall use a competitive process in the selection of consultants. The process shall provide an equal and open opportunity to qualified parties and shall culminate in a selection based on pre-established criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts. Bid responses, solicitation documents and evidence of publication shall be retained in accordance with laws governing public records and shall be available for review by the state risk manager and financial auditors. The requirements of this section shall not pertain to consultants of a joint self-insurance program that is wholly owned by another self-insurance program that is operating in compliance with chapter 48.64 or 48.62 RCW if the consultant performs the same type of services for such other joint self-insurance programs.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-120-290, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 48.64 RCW, RCW 48.64.015, and 42.64.020. WSR 11-06-001, § 82-70-290, filed 2/16/11, effective 3/19/11.

Chapter 200-130 Flood mitigation standards for state agencies.

Wash. Admin. Code § 200-130-001 Authority.

Pursuant to the authority granted by RCW 43.19.760, 43.19.781, and 43.17.060, the director of the department of enterprise services establishes the following risk management standards to be followed by all state agencies on flood mitigation.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-130-001, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-130-001, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 43.17 and 43.19 RCW. WSR 91-08-057, § 236-100-001, filed 4/2/91, effective 5/3/91.

Wash. Admin. Code § 200-130-010 Purpose.

The purpose of these standards is to discourage state development on flood plains whenever there is a practical alternative. This will result in reduced liability and costs associated with flood damage to state-owned real and personal property.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-130-010, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 43.17 and 43.19 RCW. WSR 91-08-057, § 236-100-010, filed 4/2/91, effective 5/3/91.

Wash. Admin. Code § 200-130-011 Objectives.

The objectives of these flood mitigation standards are:

(1) To protect the people and the property of the state from unnecessary loss due to flood;

(2) To restore and preserve the natural and beneficial values served by flood plains;

(3) To minimize the impact of state development on wet lands and known flood plains;

(4) To comply with chapter 86.16 RCW, Flood plain management, in which the state of Washington has adopted the National Flood Insurance Program regulations of the Federal Emergency Management Agency for flood plain management. The participation of the state in this program allows flood insurance to be sold to both the private and public sector, and satisfies some of the conditions necessary for the state to be self-insured for flood coverage, under the National Flood Insurance Program;

(5) To comply with the requirements of the National Flood Insurance Program, thereby permitting state agencies to be eligible for federal financial assistance, including disaster relief funds for the replacement, permanent repair, or reconstruction of insurable state-owned properties damaged by the flood; and

(6) To ensure that the state of Washington and its agencies are eligible to obtain flood insurance, or to be approved for self-insurance by the Federal Insurance Administrator under the National Flood Insurance Program.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-130-011, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 43.17 and 43.19 RCW. WSR 91-08-057, § 236-100-011, filed 4/2/91, effective 5/3/91.

Wash. Admin. Code § 200-130-012 Application.

These standards apply uniformly to:

(1) All state agencies;

(2) Projects and proposals for state-owned developments, new construction, and property undergoing substantial improvement; and

(3) New leases except for existing leases or renewed leases.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-130-012, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 43.17 and 43.19 RCW. WSR 91-08-057, § 236-100-012, filed 4/2/91, effective 5/3/91.

Wash. Admin. Code § 200-130-013 Definitions.

(1) "Agency" or "agencies" as used in this section means all Washington state agencies, boards, commissions, and all state institutions of higher education.

(2) "Development" means any man-made change to improved or unimproved real estate including, but not limited to: Buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

(3) "Facility" means something built to serve a particular function other than a structure.

(4) "New construction," for flood plain management purposes, means structures for which the start of construction commenced on or after the effective date of this regulation, WAC 200-130-001 through 200-130-016.

(5) "Property" or "properties" refer to state-owned developments, structures, facilities, and/or the contents of the structure in which the state has an interest.

(6) "Risk manager" means the state risk manager , department of enterprise services, or his/her designee.

(7) "Special flood hazard areas" refers to areas subject to inundation by a flood having a one percent or greater probability of being equaled or exceeded during any given year. This flood, which is referred to as the one hundred-year flood or the base flood, is the national standard on which the flood plain management and insurance requirements of the National Flood Insurance Program are based. Special flood hazard areas and one hundred-year flood plains are identified on flood insurance rate maps developed and issued by the Federal Emergency Management Agency.

(8) "Structure" means a walled and roofed building, including any gas or liquid storage tank, which is principally above ground and affixed to a permanent site.

(9) "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the fair market value of the structure either:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged and is being restored, before the damage occurred.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-130-013, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-130-013, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.17.060 and chapter 43.19 RCW. WSR 00-01-104, § 236-100-013, filed 12/16/99, effective 1/16/00. Statutory Authority: Chapters 43.17 and 43.19 RCW. WSR 91-08-057, § 236-100-013, filed 4/2/91, effective 5/3/91.

Wash. Admin. Code § 200-130-014 Responsibilities of each state agency.

(1) Each state agency is responsible for reducing the liability and costs associated with flood damage to its state-owned property, both real and personal;

(2) When a proposal or project is initiated for the acquisition, development, and/or the construction of state-owned structures or facilities, the agency initiating the proposal shall determine the flood plain exposure and the fiscal impact of locating state-owned properties within special flood hazard areas;

(3) If the project or proposal for development, new construction, or substantial improvement is within a one hundred-year flood plain and/or special flood hazard area, then the initiating agency must include such information in its funding request to the office of financial management and shall include a statement that the project or proposal meets the requirements of WAC 200-130-015 or shall include a copy of the written exemption granted by the state risk manager; and

(4) It is the responsibility of each agency to establish and issue the necessary policies or procedures to assure that these flood plain management standards for state-owned and leased properties are carried out within their respective agency.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-130-014, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-130-014, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 43.17 and 43.19 RCW. WSR 91-08-057, § 236-100-014, filed 4/2/91, effective 5/3/91.

Wash. Admin. Code § 200-130-015 Flood mitigation standards.

(1) When planning the location, acquisition, and/or construction of state-owned developments, structures, or property, one hundred-year flood plains and special flood hazard areas, as identified on flood insurance rate maps or by other available sources, shall be avoided whenever feasible.

(2) If it is necessary to locate, acquire, and/or construct state-owned developments, structures, new construction, or substantial improvements within one hundred-year flood plains and/or special flood hazard areas, agencies must then adhere to the regulations of the National Flood Insurance Program (44 C.F.R. Ch. 1).

(3) In addition to subsection (2) of this section, for all new construction and substantial improvements, both within and outside of any one hundred-year flood plain and/or special flood hazard area, the elevation of the lowest floor, including the basement, shall be at least the greater of either:

(a) One foot above the one hundred-year flood elevation; or

(b) At the five hundred-year flood elevation.

To achieve this flood protection, state agencies shall, whenever feasible, locate structures outside of one hundred-year flood plains and special flood hazard areas rather than filling in land within one hundred-year flood plains and/or special flood hazard areas.

(4) Developments, new construction, or substantial improvements which do not meet the requirements of subsections (2) and/or (3) of this section must receive an exemption as specified in WAC 200-130-016(2).

(5) For leased structures with state-owned contents, agencies shall avoid one hundred-year flood plains and/or special flood hazard areas, whenever feasible. If it is necessary for agencies to lease property within one hundred-year flood plains and/or special flood hazard areas, then such leased structure or structures and related development shall meet the minimum requirements of the National Flood Insurance Program. Exemptions from these requirements for leased property must be obtained from the office of risk management pursuant to WAC 200-130-016(2).

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-130-015, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-130-015, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.17.060 and chapter 43.19 RCW. WSR 00-01-104, § 236-100-015, filed 12/16/99, effective 1/16/00. Statutory Authority: Chapters 43.17 and 43.19 RCW. WSR 91-08-057, § 236-100-015, filed 4/2/91, effective 5/3/91.

Wash. Admin. Code § 200-130-016 Exemptions.

(1) Exemptions from the elevation requirements of WAC 200-130-015(3) are granted automatically for:

(a) Facilities where their use and purpose require construction below one hundred-year flood plains and/or special flood hazard areas (e.g., fish pens, fish ladders, holding ponds, dams, etc.);

(b) Roads, bridges, and highway facilities.

(2) All other exemptions from the elevation requirements of WAC 200-130-015 must be granted by the department of enterprise services, office of risk management . Agencies seeking an exemption must submit a purpose and use statement, including an explanation of why and how the structure, development, or substantial improvement will not comply with these flood mitigation standards. This information must be submitted in writing to the Risk Manager, Department of Enterprise Services, 1500 Jefferson Street S.E., MS: 41466, Olympia, WA 98504-1466. These requests will be reviewed on a case-by-case basis, and the risk manager will issue a letter of exemption no later than fourteen days after receipt of such request, if in his/her sole discretion it is appropriate to do so.

Denials of any exemptions may be appealed in writing to the Director of the Department of Enterprise Services, 1500 Jefferson Street S.E., MS: 41401, Olympia, WA 98504-1401 within thirty days of the date of the denial letter.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-130-016, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-130-016, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.17.060 and chapter 43.19 RCW. WSR 00-01-104, § 236-100-016, filed 12/16/99, effective 1/16/00. Statutory Authority: Chapters 43.17 and 43.19 RCW. WSR 91-08-057, § 236-100-016, filed 4/2/91, effective 5/3/91.

Chapter 200-150 Self-insurance requirements as to nonprofit corporations.

Wash. Admin. Code § 200-150-010 Preamble and authority.

These rules governing nonprofit self-insurance transactions are adopted by the state risk manager to implement chapter 109, Laws of 2015 relating to the management and operations of joint nonprofit property and liability self-insurance programs.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-010, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-020 Definitions.

(1) "Actuary" means any person who is a fellow of the Casualty Actuarial Society and a member of the American Academy of Actuaries.

(2) "Assessment" means the moneys paid by the members to a joint self-insurance program.

(4) "Case reserves" means the total of all claims and claims adjustment expenses for covered events which have occurred and have been reported to the joint self-insurance programs as of the date of the financial statement. Case reserves include an estimate for each reported claim based on the undiscounted jury verdict value of said claim.

(5) "Claim adjustment expense" means expenses, other than claim payments, incurred in the course of investigating and settling claims.

(7) "Claims auditor" means a person who has the following qualifications:

(a) A minimum of five years in claims management and investigative experience;

(b) A minimum of three years of experience in auditing the same manner of claims filed against the program being audited;

(d) Provides a statement that the auditor is independent from the program being audited, its vendors, insurers, brokers, and third-party administrators.

(8) "Competitive solicitation" means a documented formal process requiring sealed bids, providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

(9) "Consultant" means an independent individual or firm contracting with a joint self-insurance program to perform actuarial, claims auditing or third-party administration services, represent the program as broker of record, or render an opinion or recommendation according to the consultant's methods, all without being subject to the control of the program, except as to satisfaction of the contracted deliverables.

(10) "Foundation agreement" means the contract binding nonprofit members to a joint self-insurance program.

(11) "Governing body" means the board, or governing body of a nonprofit risk pool formed under this chapter, or any committee thereof when the committee acts on behalf of the board or governing body.

(13) "Joint self-insurance program" means any two or more nonprofit corporations which have entered into a cooperative risk sharing foundation agreement subject to regulation under chapter 109, Laws of 2015.

(14) "Jury verdict value" means the claim value established on an individual case basis by the entity's analysis of the jury verdict results within a jurisdiction in addition to other factors including, but not limited to, severity of injury or damage, length of recovery, credibility of parties and witnesses, ability of attorney, sympathy factors, degree of negligence of the parties and contribution or recovery from other sources.

(15) "Member" means a nonprofit corporation that:

(a) Is a signatory to a joint insurance program's foundation agreement;

(b) Agrees to future assessments or reassessments as part of the program's joint self-insurance program if required by the terms of the program's foundation agreement; and

(c) Is a past or present participant in the excess or self-insured retention portion of the pool's insurance program subject to regulation under chapter 109, Laws of 2015.

(16) "Nonprofit corporation," as defined in RCW 24.03.005(3) or in similar laws of other states, means a corporation of which no part of the income is distributable to its members, directors or officers.

(17) "Primary assets" means cash and investments (less any nonclaims liabilities).

(18) "Reassessment" means additional moneys paid by the members to a joint self-insurance program.

(19) "Risk sharing" means a decision by the members of a joint self-insurance program to jointly absorb certain or specified financial exposures to risks of loss through the creation of a formal program of advance funding of actuarially determined anticipated losses; and/or joint purchase of insurance or reinsurance as a member of a joint self-insurance program formed under chapter 109, Laws of 2015.

(20) "Secondary assets" means insurance receivables, real estate or other assets (less any nonclaims liabilities) the value of which can be independently verified by the state risk manager.

(21) "Self-insurance program" means any individual or joint self-insurance program required by chapter 109, Laws of 2015 to comply with this chapter.

(22) "Services" means administrative, electronic, management, loss prevention, training or other support services which do not include the participation in or purchase of the pool's excess or self-insured insurance programs.

(23) "Stop-loss insurance" means a promise by an insurance company that it will cover losses of the entity it insures over and above an agreed-upon aggregated amount.

(24) "Third-party administrator" means an independent association, agency, entity or enterprise which, through a contractual agreement, provides one or more of the following ongoing services: Pool management or administration services, claims administration services, risk management services, or services for the design, implementation, or termination of an individual or joint self-insurance program.

(25) "Unallocated loss adjustment expense (ULAE)" means costs that cannot be associated with specific claims but are related to the claims adjustment process, such as administrative and internal expenses related to settlement of claims at the termination of the program.

(26) "Unpaid claims" means the obligations for future payment resulting from claims due to past events. This liability includes loss and adjustments expenses, incurred but not reported claims (IBNR), case reserves, and unallocated loss adjustment expenses (ULAE).

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-020, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02005 Standards for operation—Membership.

Membership in a joint self-insurance program requires the execution of a foundation agreement. Only members may participate in risk-sharing. Only members may participate in the self-insured retention layer, and only members may participate in the joint purchase of insurance or reinsurance. Further, each member shall agree to the following:

(1) Each member shall pay assessments and reassessments when required by the governing body of the program.

(2) Each member shall obtain approval to join the program from the governing body of the respective member.

(3) Each member shall become a signatory to the foundation agreement and subsequent amendments to the foundation agreement of the joint self-insurance program.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02005, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02007 Standards for operation—Providing services to nonmembers.

(1) Nonmembers may purchase services through a contract or agreement. Nonmembers shall not participate in any coverages of the joint self-insurance program including the self-insured retention layer and the excess insurance or reinsurance layer. This section is not intended to preclude nonmembers purchasing services from becoming members of the joint self-insurance program, provided the nonmember meets the requirements of WAC 200-150-020 (15) and (16) and is eligible for membership as authorized by chapter 109, Laws of 2015.

(2) A program intending to provide services to nonmembers shall submit a written plan to the state risk manager for approval prior to providing services. The plan shall include, at a minimum, the services to be provided, the time frame for providing such services, the expected revenues and expenditures resulting from providing said services, and a written legal analysis of all potential federal and state tax liabilities created by providing services to nonmembers. The arrangement to provide such services shall be approved in writing by the state risk manager within sixty days of the joint self-insurance program's final plan submission.

(3) Every joint self-insurance program providing services as of the effective date of these regulations must submit a written plan meeting the requirements stated herein.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02007, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02009 Standards for operation—Communication with members—Annual membership report.

The joint self-insurance program shall make available to each member a copy of the program's annual membership report. The annual membership report shall include, at a minimum, financial information which includes the comparative balance sheet and statement of revenues, expenses and net assets. The reports shall be delivered to each member by electronic or regular mail. Programs may meet the delivery requirement by publishing and maintaining the membership report on the official website of the program for a minimum of three years from the date of publication.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02009, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02013 Standards for operation—Notice of regular meetings of the governing body.

Every joint self-insurance program shall provide every member with a notice of the time and place of each regular meeting of the governing body at least ten days prior to the meeting. The notice shall be provided in electronic or paper form, and the time and location of each meeting shall be included in such notice. The state risk manager shall be provided a copy of all meeting notifications to members in the same form, manner and time as provided to members. In addition to electronic or regular mail, programs shall publish notification of regular meetings on the electronic website of the program accessible to the public.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02013, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02015 Standards for operation—Special meetings—Notice to members.

All joint self-insurance programs shall provide notice by electronic mail to the state risk manager and every member of the joint self-insurance program twenty-four hours in advance of every special meeting.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02015, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02017 Standards for operations—Meeting agendas—Meeting minutes.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02017, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02019 Standards for operation—Notification of changes to bylaws or foundation agreement.

Every joint self-insurance program shall provide notification of the intent to change the bylaws or foundation agreement to each member of the joint self-insurance program and the state risk manager by regular or electronic mail at least thirty days in advance of the meeting during which a vote on the proposed change will occur. Such notification shall include a copy of proposed changes.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02019, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02021 Standards for operation—Changes to foundation agreement.

(1) Changes to the foundation agreement shall be by amendment and shall be approved by the governing body of each joint self-insurance program during a regular meeting of the governing body.

(2) Amendments to the foundation agreement shall be adopted by the governing body of each member and signed by an authorized representative of each member. The signed amendment, shall be submitted to, and retained by, the joint self-insurance program. Copies of the foundation agreement and subsequent amendments shall be published on the website of the joint self-insurance program.

(3) Changes to any terms of the foundation agreement shall require amendment using the approval and adoption process described above.

(4) Each new member joining a joint self-insurance program after the formation of the program shall sign a copy of the most current foundation agreement and copies of all subsequent amendments to that agreement that have been adopted by the governing body of the joint self-insurance program. The joint self-insurance program shall retain the signed foundation agreements and amendments until termination of the program occurs.

(5) When a new foundation agreement is adopted by the governing body of the joint self-insurance program to replace the existing foundation agreement and incorporate amendments, the new foundation agreement shall be approved by the governing body of each member of the joint self-insurance program. The new foundation agreement shall be signed by an authorized representative of each member. The signed agreement shall be submitted to, and retained by, the joint self-insurance program until termination of the program occurs.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02021, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-02023 Standards for operation—Elections of the governing body.

The governing body of every joint self-insurance program shall be elected by a majority of the members voting in the election. Elections may be conducted during a regular meeting of the governing body or by mail-in ballot or electronic ballot. If mail-in or electronic ballots are used, the ballots are to be counted and secured until certified by the governing body at the next regular meeting and recorded in the meeting minutes. Vacancies on the governing board shall be filled according to program bylaws. Joint self-insurance programs governed by a governing body which requires the inclusion of a voting representative from each member entity in such governing body are exempt from the requirements of this section.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-02023, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-03001 Standards for solvency—Actuarially determined liabilities, program funding and liquidity requirements.

(4) All joint self-insurance programs authorized by chapter 109, Laws of 2015 shall meet the requirements of both the primary asset test and the total asset test. The governing body of all joint self-insurance programs that do not meet requirements of the total asset test shall notify the state risk manager in writing of the condition. The state risk manager shall require that the program submit a written corrective action plan to the state risk manager within sixty days of notification. Such plan shall include a proposal for improving the financial condition of the self-insurance program and a time frame for completion. The state risk manager shall approve or deny the proposed plan in writing within thirty days of receipt of the final plan submission.

(a) Increase in frequency of examinations, the cost of which shall be the responsibility of the program;

(b) Submission of quarterly reports;

(d) Service of a cease and desist order upon the program.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-03001, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-033 Standards for management and operations—Individual rate setting—Nondiscrimination in joint program assessments.

(3) The assessment formula shall be available for review by the state risk manager.

(4) Joint self-insurance programs shall not sell equity, security, or shares in the joint self-insurance program.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-033, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-034 Standards for operations—Disclosures.

(1) All joint self-insurance programs shall furnish to each new member joining a self-insurance program written statements which describe:

(a) Insurance coverages or benefits currently provided by the program, including any applicable restrictions, limitations, and exclusions;

(b) The method by which members' (re)assessments are determined;

(d) The procedure for a member to request an adjudication of disputes or appeals arising from coverage, claim payment or denial, membership, and other issues; and

(e) General characteristics of the insurance coverage portion of the program.

(2) If any changes are made to subsection (1)(a) through (e) of this section, new written documents must be provided to all members that include these changes.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-034, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-036 Standards for operations—Standards for solvency—Termination provisions.

(2) Member terminations. All joint self-insurance programs shall maintain a written plan that provides for the termination of membership of a member.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-036, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-037 Standards for management and operations—Financial plans.

(1) All joint self-insurance programs shall maintain a written plan for managing the financial resources of the program. The financial plan shall include:

(a) A procedure for accounting for moneys received, payments made and liabilities of the joint program which complies with generally accepted accounting principles;

(b) An investment policy approved by the governing body governing the investments of the program;

(d) The submission of audited financial statements to the state risk manager within one hundred twenty days of the program's fiscal year end which meet the requirements of the state risk manager as described in this chapter.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-037, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-038 Standards for management—Standards for contracts—Third-party administrator contracts.

(1) Provide a method of third-party administrator selection using a formal competitive solicitation process;

(3) Provide for the confidentiality of the program's information, data and other intellectual property developed or shared during the course of the contract;

(4) Provide for the program's ownership of the information, data, and other intellectual property developed or shared during the course of the contract;

(5) Provide for the expressed authorization of the joint self-insurance program, consultants to the program, the state risk manager, or their designees, to enter the third-party administrator's premises to inspect and audit the records and performance of the third-party administrator which pertains to the program and to obtain such records electronically when audit travel costs can be eliminated or reduced;

(6) Require the compliance with all applicable local, state and federal laws;

(7) Establish a monitoring and acceptance procedure to determine compliance with third-party administrator contract requirements; and

(8) Establish indemnification provisions and set forth insurance requirements between the parties.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-038, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-050 Standards for claims management—Claims administration.

(1) All joint self-insurance programs shall adopt a written claims administration program which includes, as a minimum, the following procedures:

(a) Claims filing procedures and forms.

(b) Standards requiring case reserves for each claim be established in the amount of the jury verdict value.

(c) Standards requiring case reserves be reviewed every ninety days or when reasonably practicable and such review is documented in the claims diary.

(d) Standards requiring appropriate adjuster work loads.

(e) Standards requiring claims payment procedures include sufficient internal controls to ensure adequate review and approval by claims management staff.

(f) Standards requiring file documentation be complete and up-to-date.

(g) Standards requiring timely and appropriate claim resolution practices.

(h) Standards requiring opportunities for recoveries be reviewed and documented for each claim.

(i) Standards requiring compliance with Internal Revenue Service (IRS) rules for 1099MISC regulations.

(4) All joint self-insurance programs shall maintain a financial system that identifies claim and claim adjustment expenses.

(6) All joint self-insurance programs shall maintain claim expense reports for all claims made against the joint self-insurance program and its members.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-050, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-060 Standards for management and operations—State risk manager reports.

(1) Every joint property and liability self-insurance program authorized to transact business in the state of Washington shall submit the annual report to the state risk manager.

(2) The annual report to the state risk manager shall require the following information to be submitted in electronic form:

(a) Audited annual financial statements;

(b) Actuarial reserve review report on which the net claims liabilities at fiscal year end reported in the audited financial statements are based;

(d) List of contracted consultants;

(e) Details of changes in articles of incorporation, bylaws or foundation agreement;

(f) Details of services provided by contract to nonmembers;

(g) List of members added or terminated.

Such reports shall be submitted to the state risk manager no later than one hundred twenty days following the completion of the joint program's fiscal year.

(4) Failure to provide required financial reports may result in corrective action by the state risk manager. Such actions may include:

(a) Increase in frequency of examinations, the cost of which shall be the responsibility of the program;

(b) On-site monitoring by the state risk manager;

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-060, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-065 Standards for operations—Program changes—Notification to the state risk manager.

(a) Elimination or reduction of stop loss insurance;

(b) Acceptance of any loans or lines of credit;

(d) Addition of members of other entity types than those included in original application approved by state risk manager.

(2) The following program changes require written notification to the state risk manager prior to implementing the following changes:

(a) Increases in retention level;

(b) Decrease or elimination of insurance limits;

(d) Any change to bylaws;

(e) Any amendments to the foundation agreement.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-065, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-080 Standards for management and operations—Conflict of interest.

(2) All joint self-insurance programs shall meet the following standards regarding restrictions on the financial interests of the program administrators:

(ii) Receive compensation as a consultant to the program while also acting as a member of the board of directors, trustee, third-party administrator, or as an employee.

(iii) Have any direct or indirect pecuniary interest in any loan or investment of the program.

(d) No third-party administrator shall serve as an officer or on the board of directors of a self-insurance program.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-080, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-100 Standards for operations—State risk manager—Expense and operating cost fees.

(1) The state risk manager shall fix state risk manager fees to cover expenses and operating costs of the state risk manager's office in administering chapter 109, Laws of 2015. Such fees shall be levied against each joint property and liability self-insurance program regulated by chapter 109, Laws of 2015. Services covered by the state risk manager fees will include program reviews, monitoring and continuing oversight.

(4) The state risk manager shall assess each prospective joint self-insurance program an initial investigation fee at a rate determined annually by the state risk manager.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-100, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-190 Standards for operation—Multistate operations.

Nonprofit joint self-insurance programs domiciled in this state and operating in this state and other states must obtain any licenses, permits and permissions to the extent required by a state prior to commencing operations in that state.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-190, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-200 Standards for operations—Appeals of fees.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-200, filed 10/22/15, effective 11/22/15.

Wash. Admin. Code § 200-150-210 Standards for operations—Appeals of cease and desist orders.

Within ten days after a joint self-insurance program covering property or liability risks has been served with a cease and desist order under section 12(3), chapter 109, Laws of 2015, the entity may request an administrative hearing. The hearing provided may be held in such a place as is designated by the state risk manager and shall be conducted in accordance with chapters 34.05 RCW and 10-08 WAC.

History

Statutory Authority: 2015 c 109. WSR 15-22-011, § 200-150-210, filed 10/22/15, effective 11/22/15.

Chapter 200-160 Self-insurance requirements as to public benefit hospital entities joint self-insurance programs.

Wash. Admin. Code § 200-160-010 Preamble and authority.

These rules governing self-insurance transactions are adopted by the state risk manager to implement chapter 48.190 RCW relating to the management and operations of joint public benefit hospital entity property and liability self-insurance programs.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-010, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-020 Definitions.

(1) "Actuary" means any person who is a fellow of the Casualty Actuarial Society and a member of the American Academy of Actuaries.

(2) "Assessment" means the moneys paid by the members to a joint self-insurance program.

(3) "Broker of record" means the licensed insurance producer who, through a contractual agreement with the joint self-insurance program, procures insurance and/or reinsurance on behalf of the joint self-insurance program.

(5) "Claim adjustment expense" means expenses, other than claim payments, incurred in the course of investigating and settling claims.

(7) "Claims auditor" means a person who has the following qualifications:

(a) A minimum of five years in claims management and investigative experience;

(b) A minimum of three years of experience in auditing the same manner of claims filed against the program being audited;

(d) Provides a statement that the auditor is independent from the program being audited, its vendors, insurers, brokers, and third-party administrators.

(8) "Competitive process" means a formal sealed, electronic, or web-based bid procedure used for all nonclaims related purchases for goods and services over fifty thousand dollars. For purchases between five thousand dollars and fifty thousand dollars, competitive process means quotations obtained from at least three vendors by telephone or written quotations, or both, and supported by evidence of competition. Purchases up to five thousand dollars are exempt from competitive bids providing procurement is based on obtaining maximum quality at minimum cost.

(11) "Foundation agreement" means an agreement, contract or interlocal agreement between members of a joint self-insurance program as permitted by law.

(12) "Governing body" means the multimember board making decisions on behalf of the members of a joint self-insurance program.

(13) "Incurred but not reported (IBNR)" means claims and claim adjustment expenses for covered events which have occurred but have not yet been reported to the self-insurance program as of the date of the financial statement. IBNR claims include:

(a) Known loss events that are expected to be presented later as claims;

(b) Unknown loss events that are expected to become claims; and

(14) "Interlocal agreement" means an agreement established under the Interlocal Cooperation Act as defined in chapter 39.34 RCW.

(15) "Joint self-insurance program" means any two or more public benefit hospital entities which have entered into a cooperative risk sharing agreement subject to regulation under chapter 48.190 RCW.

(17) "Member" means a public benefit hospital entity as described in chapter 48.190 RCW; and

(a) Is a signatory to the joint self-insurance program's foundation agreement; and

(b) Is a participant in the excess or self-insured retention portion of the pool's insurance program subject to regulation under chapter 48.190 RCW.

(18) "Primary assets" means cash and investments (less any nonclaims liabilities).

(20) "Secondary assets" means insurance receivables, real estate or other assets (less any nonclaims liabilities) the value of which can be independently verified by the state risk manager.

(21) "Self-insurance program" means any individual or joint self-insurance program required by chapter 48.190 RCW to comply with this chapter.

(23) "Stop-loss insurance" means a promise by an insurance company that it will cover losses of the entity it insures over and above an agreed-upon aggregated amount.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-020, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-030 Standards for operation and management—Rules for joint hospital benefit entities self-insurance programs.

The following rules apply exclusively to joint self-insurance programs. Individual entity programs shall be exempt from these requirements.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-030, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-040 Standards for operation—Membership.

Membership in a joint self-insurance program requires the execution of a foundation agreement. Only members may participate in risk sharing. Only members may participate in the self-insured retention layer, and only members may participate in the joint purchase of insurance or reinsurance. Further, each member shall agree to the following:

(1) Each member shall pay assessments when required by the governing body of the program.

(3) Each member shall become a signatory to the foundation agreement and subsequent amendments to the foundation agreement of the joint self-insurance program.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-040, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-050 Standards for operation—Providing services to nonmembers.

(1) Nonmembers may purchase ongoing services through agreement or contract as permitted by the laws of this state and other states. Nonmembers shall not participate in any coverages of the joint self-insurance program including the self-insured retention layer and the excess insurance or reinsurance layer. This section is not intended to preclude nonmembers purchasing services from becoming members of the joint self-insurance program, provided the nonmember meets the requirements of WAC 200-160-020(17) and is eligible for membership as authorized by chapter 48.190 RCW.

(2) A program intending to provide ongoing services to nonmembers shall submit a written plan to the state risk manager for approval prior to providing services. The plan shall include, at a minimum, the services to be provided, the time frame for providing such services, the expected revenues and expenditures resulting from providing said services, and a written analysis of all potential federal and state tax liabilities created by providing services to nonmembers. The arrangement to provide ongoing services shall be approved in writing by the state risk manager within sixty days of the joint self-insurance program's final plan submission.

(3) Joint self-insurance programs may provide incidental or occasional services to nonmember public benefit hospitals at no charge when there is a monetary or nonmonetary benefit to members and nonmembers in providing the incidental or occasional services.

(4) Every joint self-insurance program providing ongoing services as of the effective date of these regulations must submit a written plan meeting the requirements stated herein.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-050, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-060 Standards for operation—Communication with members—Annual membership report.

The joint self-insurance program shall make available to each member a copy of the program's annual membership report. The annual membership report shall include, at a minimum, the audited annual financial statements. The reports shall be delivered to each member by electronic or regular mail. Programs may meet the delivery requirement by publishing and maintaining the membership report on the official website of the program for a minimum of three years from the date of publication.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-060, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-070 Standards for operations—Meetings.

All joint self-insurance programs are required to comply with all applicable laws and regulations pertaining to public meetings. All joint self-insurance programs are required to comply with all additional requirements for meeting notifications as described in this chapter.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-070, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-080 Standards for operation—Notice of regular meetings of the governing body.

Every joint self-insurance program shall provide every member with a notice of the time and place of each regular meeting of the governing body at least ten days prior to the meeting. The notice shall be provided in electronic or paper form, and the time and location of each meeting shall be included in such notice. The state risk manager shall be provided a copy of all meeting notifications to members in the same form, manner and time as provided to members. In addition to electronic or regular mail, programs shall publish notification of regular meetings on the website of the program accessible to the public. Notice of regular meetings shall be published at least ten days in advance of regular meetings.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-080, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-090 Standards for operation—Special meetings—Notice to members.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-090, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-100 Standards for operations—Meeting agendas—Meeting minutes.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-100, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-110 Standards for operation—Notification of changes to bylaws or foundation agreement.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-110, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-120 Standards for operation—Changes to foundation agreement.

(1) Changes to the foundation agreement shall be by amendment and shall be approved by the governing body of each joint self-insurance program during a regular meeting of the governing body.

(2) Amendments to the foundation agreement shall be adopted by ordinance or resolution of the governing board or council of each member and signed by an authorized representative of each member. The signed amendment and copy of the ordinance or resolution, as appropriate, shall be submitted to, and retained by, the joint self-insurance program. Copies of the foundation agreement and subsequent amendments shall be published on the website of the joint self-insurance program.

(3) Changes to any terms of the foundation agreement shall require amendment using the approval and adoption process described in subsection (2) of this section.

(5) When a new foundation agreement is adopted by the governing body of the joint self-insurance program to replace the existing foundation agreement and incorporate amendments, the new foundation agreement shall be adopted by ordinance or resolution by the governing body of each member of the joint self-insurance program. The new foundation agreement shall be signed by an authorized representative of each member. The signed foundation agreement and a copy of the ordinance or resolution adopting the program shall be submitted to, and retained by, the joint self-insurance program until termination of the program occurs.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-120, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-130 Standards for operation—Elections of the governing body.

The governing body of every joint self-insurance program shall be elected by a majority of the members voting in the election. Elections may be conducted during a regular meeting of the governing body or by mail-in ballot or electronic ballot. If mail-in or electronic ballots are used, the ballots are to be counted and secured until certified by the governing body at the same or the next regular meeting and recorded in the meeting minutes. Vacancies on the governing board shall be filled according to program bylaws. Joint self-insurance programs governed by a governing body which requires the inclusion of a voting representative from each member entity in such governing body are exempt from the requirements of this section.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-130, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-140 Standards for solvency—Actuarially determined liabilities, program funding and liquidity requirements.

(2) The governing body of the joint self-insurance program shall establish and maintain primary assets, as described in WAC 200-160-020(18), in an amount at least equal to the unpaid claims estimate at the expected level as determined by the program's actuary as of fiscal year end. All joint self-insurance programs meeting this requirement shall be considered in compliance with the primary asset test. All joint self-insurance programs that do not meet the requirements of the primary asset test shall notify the state risk manager in writing of the condition. The state risk manager shall take corrective action, which may include the service of a cease and desist order upon the program, to require that the program increase primary assets in an amount equal to the unpaid claims estimate at the expected level as determined by the program's actuary as of fiscal year end.

(4) All joint self-insurance programs authorized by chapter 48.190 RCW shall meet the requirements of both the primary asset test and the total asset test. The governing body of all joint self-insurance programs that do not meet requirements of the total asset test shall notify the state risk manager in writing of the condition. The state risk manager shall require that the program submit a written corrective action plan to the state risk manager within sixty days of notification. Such plan shall include a proposal for improving the financial condition of the self-insurance program and a time frame for completion. The state risk manager shall approve or deny the proposed plan in writing within thirty days of receipt of the final plan submission.

(a) Increase in frequency of examinations, the cost of which shall be the responsibility of the program;

(b) Submission of quarterly reports;

(d) Service of a cease and desist order upon the program.

(6) All joint self-insurance programs that do not maintain total primary and secondary assets in an amount equal to or greater than unpaid claim estimate at the seventy percent confidence level, as determined by the program's actuary as of fiscal year end, shall be issued a cease and desist order by the state risk manager. Such programs will be considered under a supervisory cease and desist order.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-140, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-150 Standards for management and operations—Individual rate setting—Nondiscrimination in joint program assessments.

(3) The assessment formula shall be available for review by the state risk manager.

(4) Joint self-insurance programs shall not sell equity, security, or shares in the joint self-insurance program.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-150, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-160 Standards for operations—Disclosures.

(1) All joint self-insurance programs shall furnish to each new member joining a self-insurance program written statements which describe:

(a) Insurance coverages or benefits currently provided by the program, including any applicable restrictions, limitations, and exclusions;

(b) The method by which the member's annual contribution rates is determined;

(d) The procedure for a member to request an adjudication of disputes or appeals arising from coverage, claim payment or denial, membership, and other issues; and

(e) General characteristics of the insurance coverage portion of the program.

(2) If any changes are made to subsection (1)(a) through (e) of this section, new written documents must be provided to each member which include changes in their own specific member coverage and annual contribution rate.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-160, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-170 Standards for operations—Standards for solvency—Termination provisions.

(2) Member terminations. All joint self-insurance programs shall maintain a written plan that provides for the termination of membership of a member.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-170, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-180 Standards for management and operations—Financial plans.

(1) All joint self-insurance programs shall maintain a written plan for managing the financial resources of the program. The financial plan shall include:

(a) A procedure for accounting for moneys received, payments made and liabilities of the joint program which complies with generally accepted accounting principles;

(b) An investment policy governing the investments of the program which conforms to the legal requirements applicable to local government members; and

(c) The submission of required documents and audited financial statements to the state risk manager within one hundred twenty days of the program's fiscal year end.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-180, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-190 Standards for management—Standards for contracts—Third-party administrator contracts.

Before contracting for third-party administrator professional services, all joint self-insurance programs shall establish and maintain written procedures for contracting with third-party administrators. Entering a contract for services shall not relieve the governing body of the joint self-insurance program of its ultimate governing, managerial, and financial responsibilities. The procedures shall, as a minimum:

(1) Provide a method of third-party administrator selection using a formal competitive solicitation process;

(3) Provide for the confidentiality of the program's information, data, and other intellectual property developed or shared during the course of the contract;

(4) Provide for the program's ownership of the information, data, and other intellectual property developed or shared during the course of the contract;

(6) Require the compliance with all applicable local, state, and federal laws;

(7) Establish a monitoring and acceptance procedure to determine compliance with third-party administrator contract requirements; and

(8) Establish indemnification provisions and set forth insurance requirements between the parties.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-190, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-200 Standards for claims management—Claims administration.

(1) All joint self-insurance programs shall adopt a written or electronic claims administration manual that includes, as a minimum, the following procedures:

(a) Claims filing procedures and forms;

(b) Standards requiring case reserves for each claim be established in the amount of the jury verdict value;

(c) Standards requiring case reserves be reviewed every ninety days or when reasonably practicable and such review is documented in the claims diary;

(d) Standards requiring appropriate adjuster workloads;

(e) Standards requiring claims payment procedures include sufficient internal controls to ensure adequate review and approval by claims management staff;

(f) Standards requiring file documentation be complete and up-to-date;

(g) Standards requiring timely and appropriate claim resolution practices;

(h) Standards requiring opportunities for recoveries be reviewed and documented for each claim;

(i) Standards requiring compliance with Internal Revenue Service (IRS) rules for 1099-MISC regulations; and

(4) All joint self-insurance programs shall maintain a financial system that identifies claim and claim adjustment expenses.

(6) All joint self-insurance programs shall maintain claim expense reports for all claims made against the joint self-insurance program and its members.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-200, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-210 Standards for management and operations—State risk manager reports.

(1) Every joint property and liability self-insurance program authorized to transact business in the state of Washington shall submit the annual report to the state risk manager.

(2) The annual report to the state risk manager shall require the following information to be submitted in electronic form:

(a) Audited annual financial statements;

(b) Actuarial reserve review report on which the net claims liabilities at fiscal year ending reported in the audited financial statements are based;

(d) List of contracted consultants;

(e) Details of changes in articles of incorporation, bylaws, or foundation agreement;

(f) Details of ongoing services provided by contract to nonmembers;

(g) List of members added or terminated.

Such reports shall be submitted to the state risk manager no later than one hundred twenty days following the completion of the joint program's fiscal year.

(4) Failure to provide required financial reports may result in corrective action by the state risk manager. Such actions may include:

(a) Increase in frequency of examinations, the cost of which shall be the responsibility of the program;

(b) On-site monitoring by the state risk manager;

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-210, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-220 Standards for operations—Program changes—Notification to the state risk manager.

(1) All joint self-insurance programs shall operate in the same form and manner stated in the program's original application approved by the state risk manager in accordance with RCW 48.190.060(5). Programs shall submit a written request and receive approval from the state risk manager prior to implementing the following proposed program changes:

(a) Elimination or reduction of stop loss insurance;

(b) Acceptance of any loans or lines of credit;

(d) Addition of members of other entity types than those included in original application approved by state risk manager.

(2) The following program changes require written notification to the state risk manager prior to implementing the following changes:

(a) Increases in retention level;

(b) Decrease or elimination of insurance limits;

(d) Any change to bylaws;

(e) Any amendments to the foundation agreement.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-220, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-230 Standards for management and operations—Conflict of interest.

(1) Every joint self-insurance program shall require the claims auditor, a third-party administrator, the actuary, and the broker of record to contract separately with the joint self-insurance program. Each contract shall require that a written statement be included in the signed contract between the parties providing assurance that no conflict of interest exists.

(2) All joint self-insurance programs shall meet the following standards regarding restrictions on the financial interests of the program administrators:

(a) No member of the board of directors; trustee; a third-party administrator; or any other person having responsibility for the management or administration of a joint self-insurance program or the investment or other handling of the program's money shall:

(ii) Receive compensation as a consultant to the program while also acting as a member of the board of directors, trustee, third-party administrator, or as an employee.

(iii) Have any direct or indirect pecuniary interest in any loan or investment of the program.

(d) No third-party administrator shall serve as an officer or on the board of directors of a self-insurance program.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-230, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-240 Standards for operations—State risk manager—Expense and operating cost fees.

(1) The state risk manager shall fix state risk manager fees to cover expenses and operating costs of the state risk manager's office in administering chapter 48.190 RCW. Such fees shall be levied against each joint property and liability self-insurance program regulated by chapter 48.190 RCW. Services covered by the state risk manager fees will include program reviews, monitoring and continuing oversight.

(4) The state risk manager shall assess each prospective joint self-insurance program an initial investigation fee at a rate determined annually by the state risk manager.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-240, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-250 Standards for operation—Multistate operations.

Public benefit hospital entity joint self-insurance programs operating in this state and other states must obtain any licenses, permits, and permissions to the extent required by a state prior to commencing operations in that state.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-250, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-260 Standards for operations—Appeals of fees.

(1) A joint self-insurance program that disagrees with a fee for services issued to it by the state risk manager shall notify the state risk manager in writing within thirty days after receipt of the invoice. The writing shall include the self-insurance program's reasons for challenging the fee and any other information the self-insurance program deems pertinent.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-260, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-270 Standards for operations—Appeals of cease and desist orders.

Within ten days after a joint self-insurance program covering property or liability risks has been served with a cease and desist order under RCW 48.190.060 the entity may request an administrative hearing. The hearing provided may be held in such a place as is designated by the state risk manager and shall be conducted in accordance with chapters 34.05 RCW and 10-08 WAC.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-270, filed 4/17/18, effective 5/18/18.

Wash. Admin. Code § 200-160-280 Standards for contracts—Competitive solicitation standards for consultant contracts.

Every approved joint self-insurance program operating within the requirements of chapter 48.190 RCW shall use a formal competitive solicitation process in the selection of consultants which complies with the laws of this state and the requirements of other states in which it operates. The process shall provide an equal and open opportunity to qualified parties and shall culminate in a selection based on preestablished criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts. Bid responses, solicitation documents, and evidence of publication shall be retained in accordance with laws governing public records and shall be available for review by the state risk manager.

History

Statutory Authority: RCW 48.190.040 and 43.19.011. WSR 18-09-086, § 200-160-280, filed 4/17/18, effective 5/18/18.

Chapter 200-200 State capitol grounds traffic and parking regulations.

Wash. Admin. Code § 200-200-001 Promulgation.

Pursuant to the authority granted by RCW 43.19.011, 46.08.150, and 79.24.720, the director of the department of enterprise services hereby establishes the following regulations to govern pedestrian and vehicular traffic and parking upon state lands which are a part of the state capitol grounds. These regulations apply to all people and all vehicles.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-001, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-001, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-001, filed 1/30/92, effective 3/1/92. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-001, filed 4/7/78
Order 12, § 236-12-001, filed 12/19/73
8/19/64.

Wash. Admin. Code § 200-200-015 Definitions.

As used in this chapter, the following terms shall mean:

(1) "Building and grounds," "state capitol grounds," "capitol campus" defined. Those buildings and grounds over which the department of enterprise services exercises custody and control under RCW 43.19.125, 46.08.150, 79.24.300 through 79.24.320, and 79.24.710, which includes, but is not limited to, the west capitol campus, the east capitol campus, Sylvester Park, the Old Capitol Building, Capitol Lake, Marathon Park, Heritage Park, Centennial Park, ways open to the public, and adjoining lands and roadways, including the portion of Deschutes Parkway adjoining state lands.

(2) "Director" defined. The director of the department of enterprise services and any designee of the director.

(3) "Disabled" defined. Any person who has made application to the department of licensing and displays a valid permit under chapter 46.19 RCW.

(4) "Employee" defined. Any person assigned to a state facility, including state employees, vendors and their staff, concessionaires, contractors and consultants, who are performing duties that are similar to the duties of state employees or that are in direct support of the state agency functions performed at the facility.

(5) "Impound"/"impoundment" defined. To take and hold a vehicle, consistent with law, at the direction of a law enforcement officer or the director or designee, subject to the procedures outlined in this chapter and in chapter 46.55 RCW. Such definition includes towing of an unauthorized vehicle.

(6) "Permit" defined. A written authorization to park on the capitol campus. Permits may be in the form of, but are not limited to, a sticker, a receipt issued by a parking meter, or other official document clearly indicating authorization to park on the capitol campus.

(7) "Vehicle" defined. Vehicle is defined the same as RCW 46.04.670 as amended by chapter 170, Laws of 2019, which includes bicycles among other vehicles.

(8) "Visitor" defined. Any person parking on the capitol campus or visiting a state facility who is not employed by the state or any employee whose primary duty station not located on the capitol campus at that facility.

(9) "Way open to the public" defined. Any road, alley, lane, parking area, parking structure, path, or any place private or otherwise adapted to and fitted for travel that is in common use by the public with the consent expressed or implied of the owner or owners, and further shall mean public play grounds, school grounds, recreation grounds, parks, park ways, park drives, park paths.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-015, filed 2/19/21, effective 4/1/21. Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-015, filed 2/12/20, effective 3/14/20. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-015, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-015, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 96-13-001, § 236-12-015, filed 6/5/96, effective 7/6/96. Statutory Authority: RCW 46.08.150 as amended by ESB 5873 in 1995. WSR 95-16-107, § 236-12-015, filed 8/1/95, effective 9/1/95. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-015, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-020 Objectives of traffic regulations.

The objectives of these traffic regulations are:

(1) To protect and control pedestrian and vehicular traffic;

(2) To make sure emergency equipment is accessible at all times;

(3) To facilitate the work of state government by assuring access for its vehicles and those of its employees and visitors and by assigning the limited parking space for the most efficient use.

(4) To promote energy conservation.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-020, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-020, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-020, filed 4/7/78
Order 12, § 236-12-020, filed 12/19/73
§ 1, filed 8/19/64.

Wash. Admin. Code § 200-200-030 Traffic control.

The motor vehicle laws and other traffic laws of the state of Washington codified under Title 46 RCW, Motor vehicles and other locations are applicable to pedestrian and vehicular traffic on the state capitol grounds, and are hereby adopted and made a part hereof by reference. In case of conflict between the provisions of the motor vehicle laws or other traffic laws of the state of Washington and these regulations, the laws of Washington shall govern.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-030, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-030, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-030, filed 4/7/78
Order 12, § 236-12-030, filed 12/19/73
§ 2, filed 8/19/64.

Wash. Admin. Code § 200-200-070 Speed.

Vehicles on the state capitol grounds may not be operated at a speed in excess of 20 miles per hour unless otherwise posted. Vehicles in parking garages and lots located on the state capitol grounds may not be operated at a speed in excess of 12 miles per hour.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-070, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-070, filed 11/17/11, effective 11/17/11
Order 12, § 236-12-070, filed 12/19/73
§ 6, filed 8/19/64.

Wash. Admin. Code § 200-200-080 Regulatory signs, markings, barricades, and directions.

Pedestrians and drivers of vehicles shall obey regulatory signs, markings, and barricades placed by the director. Pedestrians and drivers of vehicles shall also comply with directions given in the control and regulation of traffic by uniformed state patrol officers and department of enterprise services parking controllers. No person shall move or alter any sign, barricade or other structure used for traffic and/or parking regulation, including painted stripes or marking utilized in traffic and parking control, without the authorization of the director.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-080, filed 2/12/20, effective 3/14/20. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-080, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-080, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-080, filed 4/7/78
Order 12, § 236-12-080, filed 12/19/73
§ 7, filed 8/19/64.

Wash. Admin. Code § 200-200-085 Marking.

The marking of streets, parking lots and garages shall include, but not be limited to, the following:

(1) Yellow areas—No standing.

(2) White areas with hash marks or stripes—Crosswalks (no stopping in crosswalks) and no parking or stopping areas.

(3) White areas—Parking stalls. May be marked with specific restrictions limiting use.

(4) Red areas—Emergency parking only and fire lanes (no stopping in emergency parking and fire lanes).

(5) Green areas—Electric vehicle stalls for charging purposes in accordance to RCW 46.08.185.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-085, filed 2/19/21, effective 4/1/21. Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-085, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-085, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-085, filed 4/7/78
Order 12, § 236-12-085, filed 12/19/73.

Wash. Admin. Code § 200-200-140 Temporary traffic and parking regulations and restrictions authorized.

As determined appropriate for the management of the state capitol buildings and grounds, the director may impose temporary traffic and parking regulations and restrictions.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-140, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-140, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-140, filed 4/7/78
Order 12, § 236-12-140, filed 12/19/73
§ 13, filed 8/19/64.

Wash. Admin. Code § 200-200-185 Knowledge of parking regulations.

It is the responsibility of all persons and entities parking on state capitol grounds to read and fully understand these regulations. Lack of knowledge of these regulations will not be accepted as grounds for noncompliance.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-185, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-185, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-186 Parking time limits in metered areas or areas subject to a time restriction.

(1) No person or entity shall park any vehicle on the state capitol grounds or in any area designated as metered parking for a consecutive period of time longer than that period of time for which parking is authorized in such areas, irrespective of the amount of time for which parking has been paid.

(2) Vehicles moved from one parking space to another or from one lot to another shall be assumed to have been parked continuously from the time they are initially parked in any time restricted area.

(3) A showing that the time period between when a vehicle is twice found parked in any time restricted area on the same day is more than the time allowed for parking in time restricted areas shall constitute a prima facie presumption that the vehicle has been parked in violation of this section.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-186, filed 2/19/21, effective 4/1/21. Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-186, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-186, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-186, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-187 Parking zones, areas, and spaces.

The director may formulate plans for the marking and numbering of parking zones, areas, and spaces and designate parking zones, areas, and spaces for visitors, service vehicles, employees, and others. The director may establish parking restrictions and designate zones, areas, and spaces in which parking is prohibited and vehicles are subject to impound. The director may designate and set aside specific parking and travel areas for vehicles for specific purposes and may restrict their parking or operations to specified areas.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-187, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-187, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-187, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-188 Tourists and visitors.

Tourists and visitors may park vehicles in any free or pay areas designated for their use, subject to the traffic and control regulations.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-188, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-188, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-188, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-189 Service and delivery vehicles.

Service or delivery vehicles may park in specifically designated areas on the state capitol grounds. A parking permit is required before parking in such areas.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-189, filed 2/19/21, effective 4/1/21. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-189, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-189, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-190 Parking within designated spaces.

No vehicle shall be parked regardless of size so as to occupy any portion of more than one parking space as designated in the parking area, or so as to occupy any portion of a fire lane or other area in which parking is prohibited. No parking space shall be occupied by more than one vehicle at any given time, except as authorized by the director. Failure to comply with this rule constitutes a traffic violation pursuant to RCW 46.08.170.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-190, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-190, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-190, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-191 Liability of state.

The state assumes no liability for vehicles parked on the state capitol grounds or in state parking facilities. Only a license, not a bailment, is created by the rental of parking spaces or issuance of a permit to park on state property.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-191, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-191, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-192 Use of roadways.

All buses, trucks, cargo trailers and similar equipment which exceed a five-ton load limit and similar heavy duty vehicles are prohibited from traveling on the Deschutes Parkway Road and other roadways posted for restrictive use. This provision shall not apply to public transportation vehicles.

History

WSR 19-14-004, recodified as § 200-200-192, filed 6/20/19, effective 6/20/19. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-210-060, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-060, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 78-09-016 (Order 78-4), § 236-16-060, filed 8/8/78
§ 6, filed 4/15/65.

Wash. Admin. Code § 200-200-193 Parking restrictions on the state capitol grounds.

(1) No vehicle shall be parked or remain parked at any place on the state capitol grounds where official signs, curbs, and/or ground markings prohibit parking in such place or at such time. Violators shall be subject to towing. Such signs or markings include, but are not limited to, "no parking" (with or without additional restrictions), "tow zone," "fire zone," and "parking prohibited."

(2) The director or its designee may install/erect permanent, temporary signs, or emergency barricades, paint marks, and other structures or directions upon the streets, curbs, and parking areas within the state capitol grounds. Drivers shall obey the signs, barricades, structures, markings, and directions.

(3) Parking spaces may not be used for other purposes such as the conduct of private business or the storage of personal property.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-193, filed 2/19/21, effective 4/1/21.

Wash. Admin. Code § 200-200-200 Authorization for issuance of employee permits.

All employee parking on state capitol grounds shall be authorized through the issuance of valid parking permits unless otherwise authorized. These permits shall be issued by the director to state officials, state employees, state agencies for official cars, and to such other individuals as determined by the director to require parking to aid in carrying out state business. These permits shall not be transferred from one vehicle to another except as authorized by the director. All employee parking subject to permit on state capitol grounds shall be for official purposes only.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-200, filed 2/19/21, effective 4/1/21. Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-200, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-200, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-200, filed 1/30/92, effective 3/1/92. Statutory Authority: RCW 46.08.150. WSR 85-19-001 (Order 85-02), § 236-12-200, filed 9/5/85
Order 12, § 236-12-200, filed 12/19/73
§ 15, filed 8/19/64.

Wash. Admin. Code § 200-200-210 Display of permits.

All permits shall be clearly displayed in the location indicated at the time of issuance or, if no location is indicated, in the front windshield of the vehicle.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-210, filed 2/19/21, effective 4/1/21.

Wash. Admin. Code § 200-200-220 Allocation of employee parking permits.

Employee parking permits shall be allocated by the director in such manner as will best achieve the objectives of these regulations. Unless in the director's opinion the objectives of these regulations would otherwise be better served, the director shall observe the following priorities in the issuance of employee parking permits:

(1) Disabled state employees and officials;

(2) Car pools consisting of three or more persons per vehicle;

(3) Other state employees, state officials, state agencies, and nonstate parkers.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-220, filed 2/19/21, effective 4/1/21. Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-220, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-220, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-220, filed 1/30/92, effective 3/1/92. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-220, filed 4/7/78
Order 12, § 236-12-220, filed 12/19/73
§ 17, filed 8/19/64.

Wash. Admin. Code § 200-200-235 Permits for demonstrations, parades, processions.

In order to not disrupt the orderly flow of pedestrian or vehicular traffic on the state capitol grounds, a person or group of persons desiring to conduct a demonstration, parade or procession of seventy-five or more people on the state capitol grounds shall apply to the department for a permit using the process outlined in chapter 200-220 WAC.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-235, filed 2/12/20, effective 3/14/20. WSR 19-14-004, recodified as § 200-200-235, filed 6/20/19, effective 6/20/19. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-440, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-440, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-12-440, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 46.08.150. WSR 79-05-005 (Order 79-01), § 236-12-440, filed 4/11/79
WSR 78-05-006 (Order 78-3), § 236-12-440, filed 4/7/78
Order 12, § 236-12-440, filed 12/19/73
Order 4, § 236-12-440, filed 2/10/69
Emergency Order 2, § 236-12-440, filed 12/18/68.

Wash. Admin. Code § 200-200-265 Parking permits for events taking place on the capitol campus.

(1) A vehicle may be issued a permit to park in a restricted parking area or other area for the purpose of participating as a vendor or sponsor of an event or providing transportation to an event permitted under chapter 200-220 WAC. Parking permits shall only be issued to the registered vehicle owner or operator who is participating as an event vendor or sponsor and shall:

(a) Identify the parking location;

(b) Specify the duration parking is allowed;

(d) Clearly display the parking permit from the front windshield of the vehicle.

(2) Violators shall be subject to towing.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-265, filed 2/19/21, effective 4/1/21.

Wash. Admin. Code § 200-200-290 Parking fees.

(1) The fees for rental parking shall be set by the director.

(a) Adjustments to the fees may be made at the discretion of the director.

(b) The director will establish a fee schedule for parking spaces/areas and will make it available on the department's website.

(2) In determining whether to adjust rental parking fees, the director will consider one or more of the following factors:

(a) Parking facility costs;

(b) Available commuting alternatives;

(d) Transportation demand management requirements;

(e) Market rates of comparable privately owned or leased property; and

(f) Other circumstances as determined by the director, whereby a change in parking fees is necessary.

(3) The director shall provide notice to state agency stakeholders and capitol campus parkers no later than sixty days prior to any proposed rental parking fees adjustment and provide a thirty-day comment period about the proposed parking fee increases. The director shall consider the comments in adopting adjustments to the rental parking fees.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-290, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-290, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.011 (2)(d), 46.08.150, 46.08.172. WSR 07-19-074, § 236-12-290, filed 9/17/07, effective 10/18/07
WSR 04-18-064, § 236-12-290, filed 8/30/04, effective 7/1/05. Statutory Authority: RCW 46.08.150 and 46.08.172. WSR 92-04-037, § 236-12-290, filed 1/30/92, effective 3/1/92. Statutory Authority: RCW 46.08.150. WSR 85-19-001 (Order 85-02), § 236-12-290, filed 9/5/85
WSR 78-05-006 (Order 78-3), § 236-12-290, filed 4/7/78
Order 12, § 236-12-290, filed 12/19/73
Order 11, § 236-12-290, filed 5/22/72
Order 9, § 236-12-290, filed 8/14/70
§ 24, filed 8/19/64.

Wash. Admin. Code § 200-200-295 Free parking permits for carpools/vanpools.

Parking permits shall be issued to carpools and vanpools without charge subject to the terms and conditions set forth herein. To be eligible for such permits, the carpool/vanpool must consist of at least three persons per vehicle. The application must be submitted by a state employee, and shall include the names of all other persons who are members of the carpool or vanpool. Members of carpools/vanpools to which permits are issued under this section shall not be eligible for issuance of any other parking permits.

Permits issued under this section shall expire at the end of three months from the date of issuance. Application for renewal must be presented in person to the parking office at least two weeks prior to the expiration date.

It shall be the responsibility of all members of a carpool/vanpool to which a parking permit is issued hereunder to notify the parking office of any changes in the ridesharing arrangements which affect the eligibility of the carpool/vanpool for the permit.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-295, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 85-19-001 (Order 85-02), § 236-12-295, filed 9/5/85.

Wash. Admin. Code § 200-200-300 Monthly parking fee payments.

Agencies and nonstate personnel will be billed by the parking office. State employee rental parking fees and any and all state employee parking permit fees shall be by payroll deduction. The person to whom the permit is issued, upon termination of use of such permit, shall notify the parking office prior to such termination of use.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-300, filed 2/19/21, effective 4/1/21. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-300, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-300, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150 and 46.08.172. WSR 92-04-037, § 236-12-300, filed 1/30/92, effective 3/1/92. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-300, filed 4/7/78
Order 12, § 236-12-300, filed 12/19/73
§ 25, filed 8/19/64.

Wash. Admin. Code § 200-200-320 Responsibility of person to whom permit is issued.

Any person or any governmental or private entity to whom a permit is issued pursuant to these regulations shall be responsible for all violations of these regulations involving that person's or entity's vehicle or permit: Provided, however, that such responsibility shall not relieve other persons or entities who violate these regulations.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-320, filed 2/19/21, effective 4/1/21. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-320, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-320, filed 1/30/92, effective 3/1/92. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-320, filed 4/7/78
Order 12, § 236-12-320, filed 12/19/73
§ 27, filed 8/19/64.

Wash. Admin. Code § 200-200-350 Capitol campus employees.

Employees assigned to a state facility located on the capitol campus may not park in spaces set aside and marked for visitors, tourists, and other special purposes unless authorized to do so by the director.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-350, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-350, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-350, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-351 Impoundment without prior notice.

A vehicle may be impounded without prior notice having been made to notify the owner of the possibility of this action in the following circumstances:

(1) When in the judgment of the Washington state patrol the vehicle is obstructing or may impede the flow of traffic;

(2) When in the judgment of the Washington state patrol the vehicle poses an immediate threat to public safety; or

(3) When otherwise allowed by law.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-351, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-351, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 96-13-001, § 236-12-351, filed 6/5/96, effective 7/6/96. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-351, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-360 Parking infractions and fines—Towing.

Any vehicle in violation of this chapter may be cited for a traffic infraction and subject to impoundment as provided by law under RCW 46.08.170.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-360, filed 2/12/20, effective 3/14/20. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-360, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 96-13-001, § 236-12-360, filed 6/5/96, effective 7/6/96. Statutory Authority: RCW 46.08.150 as amended by ESB 5873 in 1995. WSR 95-16-107, § 236-12-360, filed 8/1/95, effective 9/1/95. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-360, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-361 Suspension and/or revocation of employee parking privileges.

Repeated employee use of assigned parking spaces for unauthorized vehicles or for nonofficial purposes or for the storage of personal property and/or the repeated transfer of parking permits from one vehicle to another as defined in WAC 200-200-360 may result in the suspension or revocation of the employee's parking privileges. Violations may result in suspension and/or revocation of any permits issued to the violator and/or removal, suspension, and/or revocation from the parking waiting list for parking on state capitol grounds.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-361, filed 2/19/21, effective 4/1/21. Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-361, filed 2/12/20, effective 3/14/20. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-361, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-361, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 96-13-001, § 236-12-361, filed 6/5/96, effective 7/6/96. Statutory Authority: RCW 46.08.150 as amended by ESB 5873 in 1995. WSR 95-16-107, § 236-12-361, filed 8/1/95, effective 9/1/95. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-361, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-365 Notice of redemption of towed vehicles.

(1) Not more than twenty-four hours after impoundment of any vehicle, the impounding towing operator shall mail a notice by first-class mail to the last known registered and legal owners of the vehicle. The notice shall contain the identity of the person or agency authorizing the tow, the name of the impounding tow company, its address and telephone number and the location and time of the tow. The notice also shall include the written notice of the right of redemption and of the opportunity for a hearing to contest the validity of the tow pursuant to RCW 46.55.120. If a vehicle is redeemed prior to the mailing of notice, the notice need not be mailed.

(2) Redemption of towed vehicles shall be in accordance with chapter 46.55 RCW.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-365, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-365, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-370 Hearing rights—Suspension and/or revocation of parking privileges or removal, suspension, or revocation from parking waiting list.

Any person or entity seeking to contest suspension and/or revocation of parking privileges or removal, suspension, or revocation from parking waiting list has a right to a hearing to contest the validity of those actions. Such request must be made in writing and received in the office of parking services within twenty days of the date of notice or effective date of action or such right to a hearing is forfeited. Hearing requests must be submitted to:

Office of Parking Services

Department of Enterprise Services

P.O. Box 41025

Olympia, WA 98504-1025

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-370, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-370, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 96-13-001, § 236-12-370, filed 6/5/96, effective 7/6/96. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-370, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-371 Hearing procedure—Suspension and/or revocation of parking privileges and removal, suspension, or revocation from parking waiting list.

Contested hearings held pursuant to WAC 200-200-370 shall be conducted as brief adjudicative proceedings according to RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 43.19.125, 46.08.150, 43.19.011, and 46.08.020. WSR 20-05-042, § 200-200-371, filed 2/12/20, effective 3/14/20. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-371, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-371, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 96-13-001, § 236-12-371, filed 6/5/96, effective 7/6/96. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-371, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-372 Hearing rights—Towing.

(1) Any person or entity whose vehicle has been towed pursuant to this chapter, may request a hearing in the district court for the jurisdiction in which the vehicle was towed to contest the validity of the tow or the amount of the tow and storage charges. The tow truck operator shall provide forms for requesting such hearings. All requests for hearings shall be made in writing and on the form provided and must be received by the district court within ten days of the date of redemption of the vehicle. The request for hearing also must be served upon and received by the office of parking within the above ten-day period.

(2) If the request for a hearing is not received by the district court within the ten-day period, then the right to a hearing is waived and the registered owner is liable for any towing, storage, or other tow charges permitted pursuant to chapter 46.55 RCW.

(3) The district court hearing procedure shall be as set out in RCW 46.55.120(3).

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-372, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapters 46.08, 43.19, 46.55 and 79.24 RCW. WSR 92-04-036, § 236-12-372, filed 1/30/92, effective 3/1/92.

Wash. Admin. Code § 200-200-500 Violations unlawful.

A violation of any of these regulations is unlawful. All violators are subject to removal from the state capitol grounds by the Washington state patrol.

History

Statutory Authority: RCW 43.19.125, 46.08.150, and 43.19.011. WSR 21-06-017, § 200-200-500, filed 2/19/21, effective 4/1/21. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-500, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.17.060, 43.19.125 and 46.08.150. WSR 99-19-022, § 236-12-500, filed 9/7/99, effective 10/8/99. Statutory Authority: RCW 46.08.150. WSR 78-05-006 (Order 78-3), § 236-12-500, filed 4/7/78.

Chapter 200-210 Capitol lake and adjoining lands and roadways.

Wash. Admin. Code § 200-210-001 Promulgation.

Pursuant to the authority granted by chapters 46.08 and 43.19 RCW, the director of the department of enterprise services hereby promulgates the following rules and regulations with respect to Capitol Lake and its adjoining lands and roadways.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-210-001, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-001, filed 11/17/11, effective 11/17/11
Promulgation, filed 4/15/65.

Wash. Admin. Code § 200-210-010 Definitions.

For the purpose of these rules:

(1) "Boat" shall include any vehicle or device capable of being operated in the water;

(2) "Motorboat" shall include any vehicle, device, or boat which is in itself a self-propelled unit and whether or not machinery is the principal source of propulsion;

(3) "Operate" shall mean to navigate or otherwise use a boat or motorboat.

(4) "Public transportation vehicles" shall include any motor vehicle operated by the state, county, city, or other public agency.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 78-09-016 (Order 78-4), § 236-16-010, filed 8/8/78
§ 1, filed 4/15/65.

Wash. Admin. Code § 200-210-020 Motorboats—Prohibitions.

The operation of all motorboats is prohibited in the area of Capitol Lake north of the railroad trestle crossing said lake unless prior written authorization is first obtained from the director of enterprise services.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-210-020, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-020, filed 11/17/11, effective 11/17/11
Order 75-5, § 236-16-020, filed 6/23/75
§ 2, filed 4/15/65.

Wash. Admin. Code § 200-210-025 Water skiing, etc.—Prohibited.

Water skiing and the use of surfboards or other similar devices pulled behind a motorboat is prohibited on all areas of Capitol Lake unless prior written authorization is first obtained from the director of enterprise services.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-210-025, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-025, filed 11/17/11, effective 11/17/11
Order 75-5, § 236-16-025, filed 6/23/75. Formerly WAC 236-16-020 (part).

Wash. Admin. Code § 200-210-030 Launching sites—Motorboat routes.

All boats which shall be operated on Capitol Lake shall be launched only at designated launching sites approved by the director of enterprise services. If a motorboat is launched at any designated site north of the railroad trestle from which a motorboat is authorized to be launched, it shall proceed to the area wherein the operation of motorboats is permitted through designated approach channels only.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-210-030, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-030, filed 11/17/11, effective 11/17/11
§ 3, filed 4/15/65.

Wash. Admin. Code § 200-210-040 Compliance with laws required.

All boats operating on Capitol Lake shall be equipped and operated in conformity with all state, county, and municipal laws, ordinances and regulations which are pertinent thereto.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-040, filed 11/17/11, effective 11/17/11
§ 4, filed 4/15/65.

Wash. Admin. Code § 200-210-050 Operation by manual means or by sail—Construction.

Nothing in these rules shall be so construed as to prevent the operation of any motorboat in any prohibited area if the sole means of propulsion used is by paddle, oar, or other manual means or solely by means of canvas or sail.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-050, filed 11/17/11, effective 11/17/11
§ 5, filed 4/15/65.

Wash. Admin. Code § 200-210-070 Penalties.

These rules and regulations will be enforced under the provisions of RCW 46.08.160 and 46.08.170 and violations will be punished pursuant thereto.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-070, filed 11/17/11, effective 11/17/11
§ 7, filed 4/15/65.

Wash. Admin. Code § 200-210-080 Effective date.

The effective date of these rules and regulations shall be when adopted pursuant to chapter 34.04 RCW and RCW 46.08.150.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-080, filed 11/17/11, effective 11/17/11
§ 8, filed 4/15/65.

Wash. Admin. Code § 200-210-100 Muffling device required.

The exhaust of every internal combustion engine used on any motorboat shall be muffled by an efficient muffling device or system which reasonably muffles the noise of the exhaust. The use of a cutout, bypass, or similar muffler elimination device, is prohibited, except when used by motorboats competing in a regatta, race, or other special event, or on trial runs and tuneups therefor, for which prior written authorization has first been obtained from the director of enterprise services.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-210-100, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-100, filed 11/17/11, effective 11/17/11
Order 7, § 236-16-100, filed 7/23/69
Emergency Order 6 (part), filed 6/5/69.

Wash. Admin. Code § 200-210-110 Docks, floats, piers, etc.—Speed.

No person shall operate any motorboat at any time on Capitol Lake at a rate of speed in excess of five miles per hour within a distance of fifty feet from the shore or from any float, dock, pier, or other similar installation bordering on or placed in Capitol Lake unless prior written authorization is first obtained from the director of enterprise services.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-210-110, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-110, filed 11/17/11, effective 11/17/11
Order 75-5, § 236-16-110, filed 6/23/75
Order 7, § 236-16-110, filed 7/23/69
Emergency Order 6 (part), filed 6/5/69.

Wash. Admin. Code § 200-210-120 Application of algaecides, etc.

No person shall deposit or apply in any manner any algaecide, weedicide or pesticide in the waters of Capitol Lake or to the immediate shoreline thereof, without first obtaining the prior written approval of the director of enterprise services.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-210-120, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-210-120, filed 11/17/11, effective 11/17/11
Order 7, § 236-16-120, filed 7/23/69
Emergency Order 6 (part), filed 6/5/69.

Chapter 200-220 Use of the public areas of the capitol buildings and grounds.

Wash. Admin. Code § 200-220-010 Purpose.

These rules guide the use of the public areas of the capitol buildings and grounds by the public for free speech and assembly activities, for commercial activities, and for private activities. Enterprise services' objective is to balance the conduct of government business, public access and expression, and the stewardship of the historic capitol buildings and grounds. These rules are not applicable to the conduct of government.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-010, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-010, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-020 Nondiscrimination.

Enterprise services will not discriminate in the application of these rules on the basis of race, religion or creed, color, national origin, age, disability, the use of a service animal, marital status, veteran's status, sexual orientation or gender identity, or political viewpoint.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-020, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-020, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-020, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-030 Definitions.

For purposes of these rules, these words or phrases have the following meaning:

(1) "Activity" means one or more people gathering for a common purpose or cause.

(2) "Applicant," "I," "you" or "your" refers to any person(s) or organization(s) seeking permission to use the public areas of the capitol buildings and grounds.

(3) "Banners and signs" means pieces of material presented publicly to display a message, slogan, advertisement, or other similar information. Government-recognized flags are not considered banners or signs for purposes of these rules.

(4) "Capitol buildings and grounds" means those buildings and grounds over which the department of enterprise services exercises custody and control under RCW 43.19.125.

(a) "Buildings" means enclosed buildings and adjoining structures. Buildings include, but are not limited to, the Legislative Building, the Temple of Justice, the Old Capitol Building, and the Natural Resources Building.

(b) "Grounds" means exterior spaces including, but not limited to, walkways, plazas, lawns, plantings and parks.

The grounds include such locations as the capitol campus, Heritage Park, Marathon Park, Centennial Park, Sylvester Park, the surface and shores of Capitol Lake, and Deschutes Parkway.

(5) "Commercial activity" means an activity that promotes, creates, or exchanges commercial products or services. Commercial activities include, but are not limited to, advertising, fund-raising, buying or selling any product or service, encouraging paid membership in any group, association or organization, or the marketing of commercial activities. Commercial activities do not include such activities by or for government entities.

(6) "Director" means the director of the department of enterprise services.

(7) "Enterprise services," "department," "us," or "we" refers to the department of enterprise services.

(8) "Exhibit" or "display" means an object or collection of objects presented publicly with the intention to communicate facts, a particular impression, a viewpoint or an opinion. Exhibits or displays include, but are not limited to, paintings, sculpture, ceramics, photographs, video or computer screens, informational booths and tables, or other similar objects and arrangements. Exhibits and displays do not include equipment used in the performance of medical or therapeutic services during a permitted activity, such as a blood drive, delivering flu shots, or administering a therapeutic massage.

(9) "Free speech and assembly activity" means an activity for the purpose of communicating information or ideas to others that will draw the attention, attendance, or participation of others. Free speech and assembly activities include, but are not limited to, assemblies, marches, rallies, performances, community events, press conferences, demonstrations, celebrations, ceremonies, speeches and other similar expressive activities.

(10) "Permit" means a written permit issued by the department of enterprise services authorizing the use of public areas of the capitol buildings and grounds as required by these rules.

(11) "Private activity" means an activity sponsored by a private individual, business or organization that is not open to the general public. Private activities include, but are not limited to, banquets, receptions, award ceremonies, weddings, concerts, dances, and seminars.

(12) "Public area" means those areas of the capitol buildings and grounds that are generally open to the public, such as a building's primary public entrance lobby; rotundas and adjoining public mezzanines; and exterior plazas and lawns. Public areas do not include offices, meeting rooms, and other work areas that are ordinarily reserved for or primarily devoted to conducting the business and operations of state government; the governor's mansion; and any area which is identified by a sign pursuant to WAC 200-200-450 indicating that the area is not open to the public.

(13) "Service animal" means an animal, including guide dogs, trained to do work or perform tasks for the benefit of a person with a disability, as defined by applicable state and/or federal laws.

History

Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 23-07-028, § 200-220-030, filed 3/6/23, effective 6/6/23. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-030, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-030, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-030, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-100 Do I need to apply for a permit?

A permit process is essential to balancing the conduct of government business, public access and expression, and the stewardship of the historic capitol buildings and grounds. A permit enables you to reserve access to specific locations and amenities for specific times, so that the department can schedule and manage the many activities and visitors that come to the capitol buildings and grounds each year.

You do not need a permit for free speech and assembly activities involving less than twenty-five people in capitol buildings or involving less than seventy-five people on the capitol grounds.

You must obtain a permit for free speech and assembly activities involving twenty-five or more people in capitol buildings or more than seventy-five people on the capitol grounds, and for all private or commercial activities.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-100, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-100, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-110 When do I have to apply?

You must give us a completed application at least two full working days prior to the date that you wish to reserve if your activity requires a permit. Saturdays, Sundays, and state holidays are not working days, and the day you submit your application does not count as a working day. For example, you must submit your application by the close of business on Monday to hold an event on the following Thursday, and you must submit your application by the close of business on Wednesday to hold an event on the following Saturday, Sunday, or Monday.

You may not submit an application more than one year in advance of the date that you wish to reserve.

A permit is not required for a spontaneous activity in response to news or events coming into public knowledge which precludes meeting the two day advance notice requirement; however, you must notify us of your activity at least two hours in advance during working hours so that we can determine if there are conflicts with other permitted activities.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-110, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-110, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-120 What information do I have to provide?

(1) On your application, you must provide the following information:

(a) Your name, mailing address, and a current email address or telephone number.

(b) Your desired date, time, duration, and location for your activity.

(d) An estimate of the number of people who will attend your activity.

(e) A description of any equipment or gear to be used for your activity.

(2) We may also require additional information, including but not limited to:

(a) Any special consideration or accommodations being requested; and

(b) Any services provided by enterprise services that you will need and for which there are fees. These may include, but are not limited to, custodial services, sound or electrical equipment set-up or tear-down, or temporary amenities such as speaker stands, tents, platforms, stages, or chairs.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-120, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-120, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-120, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-130 How long will it take to make a decision on my application?

We will issue your permit or deny your application as promptly as reasonably possible, and in all cases within two full working days of receiving your completed application form. We will state the reasons for any denial to you in writing.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-130, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-130, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-140 How will enterprise services make a decision on my application?

First priority for the use of capitol buildings and grounds is for state government activities. If there would be no conflict with state government activities, we will process permit applications for other uses on a first-come, first-served basis.

We will also consider whether your requested activity complies with our general use requirements (WAC 200-220-200 through 200-220-280) and any other applicable requirements set forth in this chapter.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-140, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-140, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-140, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-150 How can I appeal a denial of my application?

To appeal a denial of your application, you must submit your appeal in writing to the director of enterprise services within five full working days of the date of denial. Your appeal must state why you think the application was improperly denied.

The director will issue a decision on the appeal in writing within three full working days of receiving it, and this will be the final decision of the department of enterprise services.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-150, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-150, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-150, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-200 General use requirements.

The following general use requirements apply to all activities in the public areas of the capitol buildings and grounds, including free speech and assembly activities and private or commercial activities, regardless of whether a permit is required under this chapter. These requirements are not applicable to government activities. These requirements facilitate use of the public areas of the capitol buildings and grounds while protecting the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.

All activities in the public areas of the capitol buildings and grounds must comply with all applicable laws, rules and regulations.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-200, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-200, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-210 Enterprise services may set reasonable time, place, and manner limits on activities.

We may establish reasonable time, place, and manner restrictions for use of the public areas of the capitol buildings and grounds, according to design, health, safety, operational or other such considerations. We may make further details about such reasonable time, place, and manner restrictions available for public inspection during normal business hours or post them where appropriate. These may include, but are not limited to:

(1) Time and duration available for use;

(2) The maximum number of people or vehicles allowed at any particular location for any given time or period; and

(3) Locations available for use.

We will not permit an activity that would conflict with the date, time, or location of a previously permitted activity. We may recommend to you other options for dates, times, or locations if your request would conflict with a previously permitted activity.

No exhibits or displays may be placed in, or posted or affixed to, any capitol building.

Banners and signs may be used during an activity in a capitol building only if they are handheld and not affixed to sticks or poles. We will allow you to post way-finding signs during your permitted activity, subject to reasonable time, place, and manner limits.

You may place or post banners, signs, exhibits or displays on the capitol grounds. Such items must be removed at the end of the activity. Such items must identify the sponsor and contain a disclaimer stating that the items are not owned, maintained, promoted, or supported by or associated with the state. The state assumes no liability for loss or damage to such items.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-210, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-210, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-210, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-215 Prohibiting access to state capitol buildings and grounds while armed with dangerous weapons or with devices used to disrupt state business.

(1) No person shall carry any firearm or other dangerous weapon as described in chapter 9.41 RCW on the state capitol grounds or in any building on the state capitol grounds: Provided, That this regulation shall not apply to duly authorized federal, state, and local law enforcement officers or to any federal, state, and local government employee authorized to carry firearms in the course of their public employment; and: Provided, That a person may carry a firearm in accordance with chapter 9.41 RCW.

(2) No person may carry into any building on the state capitol grounds any voice-amplification equipment, blow horns, sirens, or other similar noise-producing devices which may be used to disrupt the conduct of state business by state employees.

History

WSR 19-14-004, recodified as § 200-220-215, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-470, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.011, 43.19.125, and 46.08.150. WSR 04-24-080, § 236-12-470, filed 12/1/04, effective 1/1/05. Statutory Authority: RCW 43.17.060, 43.19.125 and 46.08.150. WSR 99-19-022, § 236-12-470, filed 9/7/99, effective 10/8/99
WSR 81-11-001 (Order 81-1), § 236-12-470, filed 5/7/81
Order 76-7, § 236-12-470, filed 10/18/76.

Wash. Admin. Code § 200-220-220 Activities may not disrupt the conduct of government business.

You may not engage in any activity that unreasonably disrupts, conflicts with, or interferes with the normal conduct of any state business, meeting, or proceeding.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-220, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-220, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-230 Activities may not obstruct safe access for people or vehicles.

You may not unreasonably obstruct entrances, exits, staircases, doorways, hallways, or the safe and efficient flow of people or vehicles.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-230, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-230, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-233 Demonstrations, parades—Obstructing traffic, state business—Prohibiting.

No person singly, or in combination with others, shall engage in demonstrations, parades, or other similar activities in such a manner as to unreasonably disrupt the orderly flow of pedestrian or vehicular traffic on the state capitol grounds or the conduct of state business by state employees on the state capitol grounds or in any buildings on the state capitol grounds.

History

WSR 19-14-004, § 200-220-233, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-430, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-12-430, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 43.17.060, 43.19.125 and 46.08.150. WSR 81-11-001 (Order 81-1), § 236-12-430, filed 5/7/81
Order 12, § 236-12-430, filed 12/19/73
Order 4, § 236-12-430, filed 2/10/69
Emergency Order 2, § 236-12-430, filed 12/18/68.

Wash. Admin. Code § 200-220-237 Special event permits.

Any state official, agency or department sponsoring or making arrangements for conferences, meetings, schools, seminars or other special events which will require special traffic control and parking arrangements will confer with the director as to such arrangements.

History

WSR 19-14-004, recodified as § 200-220-237, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-250, filed 11/17/11, effective 11/17/11
Order 12, § 236-12-250, filed 12/19/73
§ 20, filed 8/19/64.

Wash. Admin. Code § 200-220-240 Activities may not create a hazard to people or damage to property.

We will not permit activities in any location where the activities would present a hazard to people or property.

You may not alter or cause damage to capitol buildings or grounds.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-240, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-240, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-243 Camping on state capitol grounds.

Camping on the state capitol grounds is prohibited unless permitted by the director. Camping means arranging any type of structure, shelter or bedding, or parking a vehicle, for purposes of habitation.

History

WSR 19-14-004, recodified as § 200-220-243, filed 6/20/19, effective 6/20/19. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-435, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-435, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19011 [43.19.011], 43.19.125, and 46.08.150. WSR 03-24-089, § 236-12-435, filed 12/3/03, effective 1/3/04.

Wash. Admin. Code § 200-220-244 Advertising and solicitation activities.

No advertising, solicitation, or promotional activities shall be conducted or engaged in on any portion of the state capitol grounds in such a manner as to damage or destroy public property, block or close off road ways and parking areas, block or interfere with ingress and egress to the state capitol grounds or to any building situated thereon, or in any manner interfere with the conduct of state government business. Advertising and solicitation for commercial purposes shall not be conducted or engaged in on any portion of the state capitol grounds except with prior approval of the director.

History

WSR 19-14-004, recodified as § 200-220-244, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-150, filed 11/17/11, effective 11/17/11
Order 76-2, § 236-12-150, filed 3/15/76
Order 12, § 236-12-150, filed 12/19/73
§ 14, filed 8/19/64.

Wash. Admin. Code § 200-220-245 Prohibiting access to areas of capitol grounds.

No member of the general public shall be permitted in any area of the state capitol grounds which is identified by a sign indicating that such area is private and not open to the public.

History

WSR 19-14-004, recodified as § 200-220-245, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-450, filed 11/17/11, effective 11/17/11
Order 12, § 236-12-450, filed 12/19/73
Order 3, § 236-12-450, filed 2/10/69
Emergency Order 1, § 236-12-450, filed 12/18/68.

Wash. Admin. Code § 200-220-247 Regulating access to capitol buildings and parking garages.

No person shall enter or remain in any state capitol building other than during normal office hours, unless properly authorized to do so. No person shall enter or remain in any state capitol parking garage at any time, unless properly authorized to do so.

History

WSR 19-14-004, recodified as § 200-220-247, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-460, filed 11/17/11, effective 11/17/11
Order 76-2, § 236-12-460, filed 3/15/76
Order 12, § 236-12-460, filed 12/19/73.

Wash. Admin. Code § 200-220-250 Service animals are allowed.

You may have service animals in the public areas of the capitol buildings and grounds. You may not have other pets or domestic animals in the public areas of capitol buildings, except as part of the conduct of state government business.

You may have pets or domestic animals in the public areas of the capitol grounds; however, you must keep them under your direct physical control and clean up after them at all times. If the director designates off-leash areas in the public areas of the capitol grounds, any such areas will be clearly posted.

You may not allow your pet or domestic animal to menace or injure other people or animals.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-250, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-250, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-260 Permits are not transferable.

You may not transfer your permit to another person or organization. Your permitted activities may only be held in the area and during the time period designated by the permit.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-260, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-260, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-270 Enterprise services may cancel a permit.

We may cancel your permit at any time if your activity does not comply with any applicable laws and rules or the terms of the permit. If your permit is canceled and you persist in your activity, you may be subject to appropriate law enforcement action.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-270, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-270, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-270, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-280 Enterprise services may limit use at any time due to unforeseen operational circumstances.

We reserve the right to cancel a permit or limit use of the public areas of the capitol buildings and grounds at any time due to unforeseen operational circumstances, including, but not limited to, urgent security concerns, emergency repairs, or other necessary state government activities. We will make reasonable efforts to alleviate the effects of such circumstances on permitted activities.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-280, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-280, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-280, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-300 Exercise of rights to free speech and assembly.

People have the right to exercise their rights to free speech and assembly at the capitol buildings and grounds, subject to reasonable time, place, and manner limits. In addition to our general use requirements described above, the following requirements facilitate use of the public areas of the capitol buildings and grounds, regardless of whether a permit is required under this chapter, while protecting the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-300, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-300, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-310 There is no fee for free speech and assembly activity permits.

There is no fee for a permit for free speech and assembly activities. However, you may be responsible for paying for any services provided by enterprise services that you will need (such as for equipment set-up or custodial services). In order to manage our services effectively, you must submit your request for our services at least five full working days prior to your activity, regardless of when you submit your permit application for your activity.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-310, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-310, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-310, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-320 Enterprise services may set reasonable time, place, and manner limits on free speech and assembly activities.

We may set reasonable time, place, and manner limits on free speech and assembly activities in the public areas of the capitol buildings and grounds, according to design, health, safety, operational or other such considerations. These may include, but are not limited to, limits designated by the director under WAC 200-220-210.

Free speech and assembly activities may not exceed fourteen consecutive calendar days in duration. We may set further limits on duration in order to accommodate and manage the many activities and visitors that come to the capitol buildings and grounds.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-320, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-320, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-320, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-400 Private and commercial activities may be permitted if consistent with state government needs.

In addition to the general use requirements described above, these requirements accommodate private and commercial use of the public areas of the capitol buildings and grounds to the extent such use is consistent with state government needs and while protecting the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-400, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-400, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-410 Private and commercial activities may be charged applicable fees.

Enterprise services will establish a fee schedule for permits for private and commercial activities and make the fee schedule available for public inspection. You are also responsible for paying for any services provided by enterprise services that you will need (such as for equipment set-up or custodial services). In order to manage our services effectively, you must submit your request for our services at least five full working days prior to your activity, regardless of when you submit your permit application for your activity.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-410, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-410, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-410, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-420 Enterprise services may set reasonable time, place, and manner limits on private and commercial activities.

We may set reasonable time, place, and manner limits on private and commercial activities in the public areas of the capitol buildings and grounds, according to design, health, safety, operational or other such considerations. These may include, but are not limited to, limits designated by the director under WAC 200-220-210.

Private and commercial activities may not exceed fourteen consecutive calendar days in duration.

Private or commercial sales, solicitation, or fund-raising activities are not permitted in the public areas of capitol campus buildings.

We may designate locations on the capitol grounds for private or commercial sales, solicitation, or fund-raising activities.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-420, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-420, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-420, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-430 Enterprise services may require additional conditions for private and commercial activities.

We may require additional conditions for private and commercial activities through written contract or agreement, including, but not limited to:

(1) Liability insurance covering the applicant and the activity;

(2) Hold harmless and indemnification provisions; and

(3) Information on your ability to finance, plan, and manage the activity in order to protect the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-220-430, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-220-430, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 09-22-059, § 236-17-430, filed 10/30/09, effective 11/30/09.

Wash. Admin. Code § 200-220-600 Authority to enforce.

Statutes, rules, and policies regulating the use of the capitol campus may be enforced by enterprise services, the Washington state patrol, and by any law enforcement agency with appropriate jurisdiction. Prior coordination with or complaint by enterprise services is not a prerequisite for enforcement actions by agencies with enforcement authority.

History

Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 23-07-028, § 200-220-600, filed 3/6/23, effective 6/6/23.

Wash. Admin. Code § 200-220-610 Warning of potential exclusion from capitol campus or areas thereof.

(1) An officer of the Washington state patrol or a designated enterprise services employee may issue a warning of potential exclusion from the capitol campus or a designated area thereof under the authority of this section, if the issuer has a reasonable belief based upon the facts and circumstances to believe that the person through acts or omissions has violated one or more of the rules applicable to the capitol campus under chapters 200-200 through 200-299 WAC, or an applicable statute, regulation, or policy while on the capitol campus.

(2) A warning of potential exclusion shall:

(a) Be in writing, signed by the person issuing it, identify the issuer's name and title, and identify the person subject to the warning, if known.

(b) Contain the date of issuance and effective date, the violation(s) that the person is alleged to have committed, and a citation to any rule or statute violated.

(c) Warn that a future violation of one or more of the rule or statute violated under the warning of potential exclusion may be grounds for the issuance of a notice of exclusion from the capitol campus or a designated area, in addition to any other legal citation, liability, or remedy provided under the law.

(d) Set out the method of appealing the warning, which shall also include the address where the appeal should be sent.

(3) A person subject to a warning need not be charged, tried, or convicted of any crime or be issued an infraction or have an infraction found committed in order for a warning of potential exclusion to be issued or effective. The issuing person need only establish that probable cause existed to support the issuance of the warning.

(4) A person subject to a warning of potential exclusion may appeal the warning to the director as provided on the notice by submitting an appeal together with a copy of the warning within 10 days of receipt of the warning. The director or a designee shall decide the appeal as a brief adjudicative appeal under RCW 34.05.482 through 34.05.494. The deciding officer shall base the final order on a "more probable than not" standard whether the violation identified in the warning did or did not occur. In the event the director denies the appeal, the decision is appealable under the provisions of chapter 34.05 RCW.

History

Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 23-07-028, § 200-220-610, filed 3/6/23, effective 6/6/23.

Wash. Admin. Code § 200-220-620 Exclusion from capitol campus or areas thereof.

(1) An officer of the Washington state patrol or a designated enterprise services employee may exclude a person from the capitol campus or a designated area thereof under the authority of this section, if the issuer has reasonable belief based upon the facts and circumstances to believe that the person through acts or omissions has violated one or more of the rules applicable to the capitol campus under chapters 200-200 through 200-599 WAC or an applicable statute, regulation, or policy while on the capitol campus.

(2) A notice of exclusion shall not be issued unless:

(a) The alleged violator who engaged in the conduct in question was informed that the conduct is a violation of an applicable statute, rule, or policy, was requested to cease or correct that conduct, and the person did not upon request and information promptly cease or correct the conduct, including, if applicable, removing any objects or materials that are in violation; or

(b) The alleged violator has been given a warning of potential exclusion for the conduct in question; or

(3) A notice of exclusion shall:

(a) Be in writing, signed by the person issuing it, identify the issuer's name and title, and identify the person subject to the order, if known.

(b) Reasonably identify the ground or grounds for the exclusion. To the extent practicable, if ground in subsection (2)(b) of this section is relied upon, identify the date of a prior warning, and if ground in subsection (2)(c) of this section is relied upon, describe the basis for finding damage or a substantial risk of damage to state property or injury or a substantial risk of injury to a person.

(d) Contain the date the exclusion begins and ends. If the exclusion duration is longer than the standard period of exclusion, the notice shall provide a description of the nature of the violation warranting a deviation from the standard.

(e) Specify the locations from which the individual will be excluded, which the issuer may, if appropriate, limit to areas of the capitol campus where similar conduct might occur. Exclusions do not apply to public rights-of-way and public sidewalks along such rights-of-way that are not closed to the public. Further, exclusions do not apply to direct transit along a direct route through the capitol campus for the sole purpose of attending a public hearing, a legislative session, or a prearranged meeting with a state official unless the notice of exclusion specifically states that such areas are subject to the exclusion and provides the reasons therefore.

(f) Set out the method of appealing the notice, which shall also include the address where an appeal should be sent.

(g) Prominently display a warning of the consequences for failure to comply with the notice and state that a violation of the terms of the notice will constitute criminal trespass under chapter 9A.52 RCW.

(4) The person subject to exclusion need not be charged, tried, or convicted of any crime or be issued an infraction or have an infraction found committed in order for a notice of exclusion to be issued or effective. The issuing person need only establish that probable cause exists that a violation occurred and that one or more of the conditions in subsection (2) of this section are satisfied.

(5) The standard period of exclusion shall be as follows and shall apply unless the issuing person deems a longer period of exclusion is warranted based on the nature of the violation:

(a) First violation: Forty-eight hour exclusion.

(b) Second violation: Thirty day exclusion.

(6) A person subject to exclusion pursuant to this section may appeal the exclusion to the director as provided on the notice by submitting the appeal together with a copy of the exclusion within 10 days of receipt of the notice of exclusion. The director or a designee shall decide the appeal as a brief adjudicative appeal under RCW 34.05.482 through 34.05.494. The presiding officer shall base the final order on a "more probable than not" standard whether (a) a condition in subsection (2) of this section was or was not present and (b) the violation did or did not occur. The presiding officer may modify the terms of the exclusion to reduce the period and/or area of exclusion. The decision of the presiding officer may be appealed under the provisions of chapter 34.05 RCW.

(7) Unless the appellant requests and obtains a stay from the presiding officer or the exclusion is otherwise invalidated, removed, or modified, the exclusion will remain in effect until its expiration date. A stay request must be accompanied by a statement of the grounds for the stay and identify the evidence setting forth the factual basis for the request. A stay will not be granted unless the deciding presiding officer finds that the appellant is likely to prevail on the appeal or that the appellant has raised a substantial question whether the exclusion should be reversed and has shown a likelihood that the appellant will suffer irreparable harm due to the exclusion.

(8) An individual who has received an exclusion notice may petition the director of enterprise services (of its designee) for an exemption from the exclusion notice to allow entry on specific days and times for specific purposes. A request for an exemption must:

(a) Be made in writing, provide the individual's current address, enclose a copy of the exclusion notice from which the individual is requesting an exemption, and be mailed to the department of enterprise services at (address);

(b) Be received by the department of enterprise services within 25 days after the individual has been served with an exclusion notice or not later than five business days prior to the requested period of exemption; and

(c) Identify: (i) The specific location the individual wants to visit; (ii) the date and time when the individual wants to visit; (iii) the purpose of the visit and whether the individual asserts that the exemption is for the purpose of exercising rights under the first amendment of the U.S. Constitution.

After receiving a request for an exemption, the director of the department of enterprise services or a designee must review the request and issue a decision on the request within three business days. The decision must specify the reasons why the presiding officer granted or denied the request.

In the event the presiding officer grants the request, the decision must specify the location, date, and time of the exemption to the exclusion notice. The department of enterprise services must immediately transmit a copy of the decision to the Washington state patrol's special operations division by email, and regular mail, or other shared systems.

In the event the presiding officer denies the request, the decision is appealable under the provisions of chapter 34.05 RCW.

History

Statutory Authority: RCW 43.19.125 and 46.08.150. WSR 23-07-028, § 200-220-620, filed 3/6/23, effective 6/6/23.

Chapter 200-230 Requirements for commemorative and art works on state capitol grounds.

Wash. Admin. Code § 200-230-010 Purpose and authority.

Pursuant to the authority granted by section 140(3), chapter 149, Laws of 1997, the director of the department of enterprise services hereby establishes the following rules governing the design and placement of major and minor works, to include commemorative works and other works of art, on state capitol grounds. The purposes of this chapter are as follows:

(1) To ensure that major and minor works reflect subjects of lasting statewide significance for the people of Washington.

(2) To protect and maintain open space and preserve the natural views and vistas to and from the capitol, as envisioned by the Olmsted Brothers in their 1928 plan for the Washington state capitol grounds, and to conserve options for placement of works by future generations.

(3) To ensure that proposals for commemorative works and works of art on state capitol grounds are evaluated using a deliberate process, acknowledging the unique state capitol environment in which they are to be placed.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-230-010, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-010, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-010, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-020 Roles, responsibilities, and definitions.

As used in this chapter, the following definitions and roles apply:

(1) "Proposing entity" - Any individual or group advancing a proposal for placement of major or minor works on state capitol grounds.

(2) "State capitol committee" (SCC) - As established in RCW 43.17.070. The state capitol committee grants final approval for all development plans for state capitol grounds including the master plan, and for the design and site of major works to be located on state capitol grounds.

(3) "Capitol campus design advisory committee" (CCDAC) - As established in RCW 43.34.080(1):

The capitol campus design advisory committee is established as an advisory group to the capitol committee and the director of enterprise services to review programs, planning, design, and landscaping of state capitol facilities and grounds and to make recommendations that will contribute to the attainment of architectural, aesthetic, functional, and environmental excellence in design and maintenance of capitol facilities on campus and located in neighboring communities.

The CCDAC is further directed in 43.34.080 (4)(e) to:

. . . review plans and designs affecting state capitol facilities as they are developed. The advisory committee's review shall include . . . (e) Landscaping plans and designs, including planting proposals, street furniture, sculpture, monuments, and access to the capitol campus and buildings.

(4) "Director" - The director of the department of enterprise services. Under RCW 43.19.125 the director " . . . shall have custody and control of the capitol buildings and grounds." The director provides preliminary reviews, evaluates proposals for major and minor works, and provides technical assistance to those proposing placement of major or minor works on state capitol grounds. The director approves minor works proposals.

(5) "Department" - The department of enterprise services.

(6) "Washington state arts commission" (WSAC) - As established in RCW 43.46.005 through 43.46.095, and as specifically authorized in RCW 43.46.050:

The commission shall meet, study, plan, and advise the governor, the various departments of the state and the state legislature and shall make such recommendations as it deems proper for the cultural development of the state of Washington. WSAC may undertake major works on the state capitol grounds as part of its responsibilities under chapters 43.46, 43.17 and 43.19 RCW. The site selection and criteria for these works shall be developed in compliance with the provisions of this chapter.

(7) "State capitol grounds" - Those grounds as defined in WAC 236-12-015(5), as follows:

Those grounds owned by the state and otherwise designated as state capitol grounds, including the west capitol campus, the east capitol campus, Sylvester Park, the Old Capitol Building and Capitol Lake, ways open to the public and specified adjoining lands and roadways.

and including the north capitol campus, Centennial Park, the Tumwater campus and the Lacey campus.

(8) "West capitol campus" - Those state-owned grounds that constitute the state capitol grounds west of Capitol Way, including all of the grounds addressed in the 1928 Olmsted Brothers landscape plan for the state capitol grounds and the state capitol historic district, as designated in the National Register of Historic Places.

(9) "East capitol campus" - Those grounds described in RCW 79.24.500 which includes the campus area north of Maple Park (16th Avenue) and south of 11th Avenue, east of Capital Way and west of Interstate 5 and the Interstate 5 entrance to the state capitol.

(10) "North capitol campus" - Those state-owned grounds north of the west capitol campus and west of Columbia Street, south of 5th Avenue and east of the Deschutes Parkway around Capitol Lake to the Interstate 5 bridge.

(11) "Tumwater campus" - Those state-owned grounds in the city of Tumwater bounded on the west by Interstate 5, on the north by Israel Road, on the east by Linderson Way S.W., and on the south by Airdustrial Way S.W.

(12) "Lacey campus" - Those state-owned grounds in the city of Lacey, bounded on the north by Martin Way, on the west and south by Saint Martin's Park and Saint Martin's Abbey, and on the east by the Woodland Creek protection zone.

(13) "Master plan" - The master plan for the capitol of the state of Washington. As used in this chapter, master plan includes any subcampus plans for state capitol grounds that describe in greater detail the planned development and use of the areas covered by the master plan.

(14) "Major work" - Any statue, monument, sculpture, work of art, memorial, or other structural or landscape feature, including a garden or memorial grove, of notable impact to viewers and to its surroundings. The impact of a work is defined by the combined effect of its subject matter, size, placement, and the degree to which it commands the environmental context into which it is set. Examples include the Winged Victory monument commemorating World War I, and the Tivoli Fountain. The term does not include any such item located within the interior of a structure.

(15) "Minor work" - As determined by the director, a work of moderate or minimal impact to viewers and to its surroundings, defined by the combined effect of its subject matter, size, placement, and ability to blend into or contribute to the planned character of its immediate environment. Examples include individual or small groupings of plants such as trees or shrubs, benches and other campus furnishings, historic event or site plaques, small sculptural elements and artistic works.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-230-020, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-020, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-020, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-030 Criteria for major and minor works on state capitol grounds.

Major and minor works placed on the state capitol grounds shall:

(1) Maintain the dignity of the state capitol grounds, its existing memorials, grounds, and buildings, and surrounding environment;

(2) Preserve views and vistas of the capitol buildings, Mount Rainier and the Olympic Mountains;

(3) Be consistent with the organizing principles and policies of the master plan, relevant subcampus plans, and any other subcampus plans reviewed by the department and the capitol campus design advisory committee and approved by the state capitol committee;

(4) Reflect the rich diversity of Washington's people, and be nonpartisan in nature;

(5) Provide an enriching experience which illuminates and celebrates common values, and broadens understanding of Washington's heritage and culture; and

(6) Honor individuals or events of lasting significance for the people of the state of Washington, as reflected by broad public consensus;

(a) Major commemorative works shall not serve solely to memorialize an individual. Major works of art may be gifted to the state or dedicated in memory of an individual so long as the nature and primary purpose of the work remains artistic or aesthetic, to serve as an object of public enjoyment rather than as a monument to an individual.

(b) Minor works shall honor individuals or groups of individuals only after the 10th anniversary of the individual's death or the death of the last surviving member of a group, when the enduring, historical, statewide nature of their achievements has been demonstrated and broadly acknowledged;

(c) Major or minor works commemorating an event, including a military event or conflict, may be proposed during the lifetime of those who engaged in it, but not sooner than the 10th anniversary of the end of the event.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-030, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-030, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-040 Administrative requirements for major and minor works on state capitol grounds.

Prior to construction, proposing entities must execute an agreement with the department of enterprise services that addresses the following administrative requirements in proposals for major or minor works.

(1) All development and installation costs, including required modifications and improvements to campus roads, sidewalks and utilities, shall be provided by the proposing entity.

(2) The cost of new works shall be paid for by the proposing entity. Prior to construction or installation of an approved work, the director shall determine that the proposing entity has available sufficient funds to complete the project. The proposing entity shall also make provisions for coverage of all maintenance and repair costs throughout the existence of the work. This is commonly accomplished through an endowment fund estimated at ten percent of the original project cost, or may be set at an amount determined by the director. If a major or minor work is incorporated into a state-funded repair or improvement, an agreement will be negotiated between the proposing entity and the state specifying how the project costs including construction, maintenance and repairs will be shared.

(3) Complete conservation records that include specific information on materials and sources used in the execution, methods of fabrication, installation specifications, recommended method and frequency of maintenance, shall be provided to the state upon the completion of all new works.

Upon final placement and completion of a work that has been designed for or donated to the state for display on state capitol grounds, the state shall become sole owner of the work. The original artist or designer holds no rights to any work commissioned, donated, or purchased for display on state capitol grounds, including reproduction, access, modification, relocation, resale, etc., unless such rights are specifically allowed in formal written agreement between the director and the artist.

The state reserves the right to relocate or remove any works. Relocation planning will include consultation with the original artist and interested parties whenever practical.

Starting in 2030, following the centennial of the legislative building completion, and every fifty years thereafter, the state shall conduct a review of all monuments and memorials on state capitol grounds and recommend removal and appropriate disposition of those no longer meeting the criteria in WAC 236-18-030. The SCC shall approve all such actions.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-230-040, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-040, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34 RCW. WSR 00-06-052, § 236-18-040, filed 2/28/00, effective 3/30/00. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-040, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-050 Site selection criteria—General.

Except for replacement trees, no major or minor works will be placed on state capitol grounds unless detailed subcampus plans for a given area have been approved. Subcampus plans have been fully implemented for the Olmsted portion of the west campus, also known as the state capitol historic district, Sylvester Park, and the Old Capitol Building block. These areas of the state capitol grounds are considered complete. Subcampus plans are maintained by the department.

Because it was proposed prior to the effective date of section 140(3), chapter 149, Laws of 1997 (directing the adoption of this rule), and because the state legislature, through House Joint Memorial 1997-4000, clearly expressed support for a memorial to law enforcement officers on the state capitol campus, a major or minor work honoring law enforcement officers who have died in service to their communities and fellow Washington state citizens may be considered for placement on the west campus if it is designed in such a way as to minimally impact the current and planned uses of the site and to blend with and complement existing campus and landscape features, and the work meets all other applicable criteria of this chapter.

Works directly associated with the activities of a specific state agency shall be considered for installation in the facility that houses that agency's main or subordinate office.

No donated work shall be accepted by the state for placement on state capitol grounds until a suitable site for the work has been selected and approved.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-050, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-050, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-060 Guidelines for selecting sites for major works.

Proposing entities must address the following considerations in selecting a site for a proposed major work. Formal proposals prepared by proposing entities must include a description of how the proposal considers and responds to each of these guidelines. These guidelines will be used by the department, CCDAC and SCC to evaluate and recommend or approve a final site.

(1) Setting. The space surrounding a work shall provide a setting that is compatible and supportive. In turn, the work in its setting shall be supportive of the surrounding landscape design and public functions, including those intended in the master plan.

(2) Size and scale. There must be a match between the size and scale of the work and its setting.

(3) Spatial envelopes. Freestanding works, through their presence, affect the territory in which they stand. The size of the surrounding spatial envelope defined by surrounding buildings and growth shall be considered since it is directly related to the size and scale of the work.

(4) Relationship to other existing works or features. The work shall not be of such size, scale or material as to interfere with any existing campus feature.

(5) Visual context. Visual works are perceived in relationship to their context, which may include open sky, landscape, or building facade. Their design and placement shall consider such contextual issues as silhouette, directionality, orientation, and background.

(6) Site significance. The size, location, prominence and visibility of the site shall be appropriate to the subject matter of work in the context of other existing works and the surrounding state capitol grounds environment.

(7) Relationship to master plan composition. The work and the site shall be considered together in terms of the way they affect or establish relationships with existing axes, vistas, entry points, landmarks, buildings, and open space; and the way they may affect sensitive natural and historic features of the campus or impact current or planned uses of the proposed site.

(8) Additional issues may become apparent in the process of site selection for a specific theme, subject matter, or work, and shall be considered.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-060, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-060, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-070 Guidelines for selecting designs for major works.

Proposing entities must address the following guidelines in proposing a design for a major work. Formal proposals prepared by proposing entities must include a description of how the design considers and responds to each of these guidelines. DES, CCDAC and SCC will use the following guidelines to evaluate and recommend or approve a final design selection.

(1) Legibility and meaning. The intended message of the work shall be clear and understandable, regardless of its type or style. The work shall convey meaning of enduring value that will continue its significance for future generations.

(2) Approachability and accessibility. Works shall be designed to permit people to engage with them: To have visual clues as to their location and to get close enough to be able to read them and examine details. Because major works often are gathering points, they shall be designed to meet Americans with Disability Act standards and, when necessary, provide such amenities as seating, paving, handrails, and ramps.

(3) Materials. Materials shall be chosen for their durability, sculptural qualities, visibility, and maintainability. Consideration shall also be given to rhythm and harmony with the existing setting.

(4) Vulnerability. The design of major and minor works shall be conscious of the potential for vandalism and minimize the opportunity for intentional defacement or destruction.

(5) Climatic context. The design shall consider issues of sunlight and shade, wind, rain and the variety of Washington seasons.

(6) Evening illumination. Major and minor works may be enhanced with night illumination integral to the work's design. Such illumination shall not conflict with other works, open space, buildings and their inhabitants, and the overall landscape.

(7) Completion. Works that by their nature are not complete at the time of installation, such as those to which names or dates are to be added over time, are strongly discouraged.

(8) Text and inscriptions. Lists of any kind are discouraged. Text and inscriptions shall be meaningful to the broadest possible audience. Inscriptions and text on monuments, works of art and related plaques shall be limited to interpretive information about the work itself or the subject it commemorates. Dedication plaques shall be limited to name of the artist or designer, name of the proponent group, and the date completed or dedicated. The proposed use of donor tiles not defined as plaques shall be approved as part of the overall design of a work.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-230-070, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-070, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34 RCW. WSR 00-06-052, § 236-18-070, filed 2/28/00, effective 3/30/00. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-070, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-080 Procedure for development and review of major works proposals.

The department and the state capitol committee will follow a procedure for reviewing and evaluating major works proposed for placement on state capitol grounds, with the advice and assistance of the capitol campus design advisory committee and the Washington state arts commission. As appropriate, the department may also consult with the office of archeology and historic preservation of the state department of community, trade and economic development, and with the department's state facilities accessibility advisory committee.

(1) The purpose of the procedure is to:

(a) Ensure that major works on state capitol grounds are carefully selected, designed, constructed and located to meet the criteria established in WAC 236-18-030 and address the guidelines provided in WAC 236-18-060 and 236-18-070;

(b) Preserve open space as a complete, precious and protected landscape feature of the state capitol grounds that invites public recreation and participation;

(c) Preserve options for placement of works on state capitol grounds for future generations. To further this purpose the department and the SCC shall:

(i) Encourage those proposing commemorative works to consider alternatives to monuments, such as groves, gardens, sculpture, fountains, and the naming of existing campus features;

(ii) Strongly encourage groups with related or similar interests to combine their proposals;

(iii) Encourage proposing entities to consider temporary works, or to consider temporary placement on state capitol grounds of works to be permanently located at other sites;

(iv) Cooperate with local authorities to develop opportunities for proposed works of significance to Washington state citizens which may be located outside the west campus of the state capitol grounds but within the capital community of Olympia, Tumwater and Lacey;

(d) Provide instructions to guide proposing entities in developing successful major works proposals.

(2) The procedure for development and review of major works proposals will follow the steps below.

Proposing entity.

a) Submits a preliminary proposal to the director for the development and placement of a major work on state capitol grounds. The preliminary proposal must describe:

• The concept and subject matter;

• How the proposal meets the criteria in WAC 236-18-030;

• Preconceived design and site considerations, if any, to include size of the work;

• A description of the kinds of activities the site and the work may need to accommodate (public gatherings or ceremonies, for example);

• Anticipated cost and planned source of funding.

b) Designates a single spokesperson for the proposing entity.

Department of enterprise services (DES).

a) Provides advice and assistance as needed in understanding and addressing the criteria in WAC 236-18-030 and makes available to proposing entities a copy of the master plan.

b) Reviews the preliminary proposal to determine if it meets the criteria in WAC 236-18-030 and should proceed to step three.

c) Informs the state capitol committee (SCC) of all proposals received and reviewed.

DES director and spokesperson for the proposing entity.

Provide an initial briefing to the members of the SCC on the preliminary proposal. The purpose of this briefing is to identify threshold issues or concerns with the proposing entity's concept, subject, or siting considerations. Capitol campus design advisory committee (CCDAC) members shall also receive initial briefings at this time.

SCC.

a) Grants approval to proceed with site selection (step 5); or

b) Denies approval; or

c) Refers the proposal to the CCDAC for review and advice; and/or

d) Requests that the proposing entity reconsider aspects of their proposal.

Proposing entity.

Once preliminary proposal has been approved by the SCC, describes the conditions and characteristics of the proposed work that may affect its location, developing a set of criteria that describe a preferred setting and design. In the case of existing works, the criteria will relate only to the setting for the work.

DES.

a) Reviews appropriate subcampus plans to identify planned sites meeting the criteria developed by the proposing entity. DES will consult with the proposing entity, and may provide a campus tour, discuss possible locations, and point out any constraints or barriers to various locations.

b) Selects a short list of sites that best meet the criteria.

c) Establishes specific design and site development guidelines for each site. These specific guidelines describe in greater detail the opportunities or restrictions on design development that are unique to each site.

CCDAC and WSAC.

Review selected sites and the development guidelines established by DES. CCDAC and WSAC may meet together or separately. Either body may:

a) Recommend revisions to DES' site development guidelines; or

b) Recommend that the proposing entity reconsider aspects of their preliminary proposal; or

c) Offer recommendations for consideration by the SCC.

DES director and spokesperson for the proposing entity.

a) Brief the SCC on the sites and site development guidelines.

b) If the proposal is for a work yet to be selected or designed, the proposing entity also describes:

• The selection/design process to be used;

• Anticipated budget and source of funding; and

• Preconceived design considerations within the context of the proposed sites.

SCC.

a) Grants site approval and, if the proposal is for placement of an existing work, authorizes the department to acquire the work; or

b) Requests further consideration by DES and CCDAC.

Proposing entity.

a) Once the site has been approved by the SCC, begins a process to design or select the work if the proposed work is yet to be selected or designed. This step may take several forms: A design competition; selection from a list of appropriate available works; selection of an artist or team which might include an artist, architect, or landscape architect who will design and produce a custom work. DES may provide assistance in this process. One representative of the department and one representative of the CCDAC shall be included in the proposing entity's selection process and final selection committee. The proposing entity is also encouraged to include a visual artist or other design professional as appropriate.

b) Selects final design proposal or proposes a completed work.

c) Submits a formal proposal to DES and the SCC that describes:

• How the proposal meets the criteria in WAC 236-18-030;

• How the proposal considers and responds to the guidelines provided in WAC 236-18-060 and 236-18-070;

• How the proposal addresses the administrative requirements of WAC 236-18-040; and

• Scale drawings or illustrations. A scale model may also be provided.

CCDAC, WSAC.

Review the formal proposal, meeting together or separately, and make recommendations to the director and to the SCC.

DES director and spokesperson for the proposing entity.

Present the formal proposal to the SCC for approval.

SCC.

a) Grants final approval; or

b) Requests that the CCDAC, WSAC, and DES director continue to work with the proposing entity to redevelop the proposal.

c) May require future check points.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-230-080, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-080, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34 RCW. WSR 00-06-052, § 236-18-080, filed 2/28/00, effective 3/30/00. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-080, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-090 Standards for minor works on state capitol grounds.

The requirements of WAC 236-18-040 and the guidelines established in WAC 236-18-060 and 236-18-070 shall apply for design and placement of minor works to the extent applicable, as determined by the director on a case-by-case basis. Minor works may include small artistic works and sculptural elements.

Plaques. Historic markers describing a memorialized person, historic place or event, or plaques describing a work or identifying significant natural features shall be fabricated to meet the following standards:

(1) Material - Cast bronze.

(2) Letter style - Bookman.

(3) Border style - Single line edge.

(4) Background texture - Pebble.

(5) Finish - Bronze satin face and edges, natural colored background, semi-gloss polyurethane finish.

(6) Size - No larger than two hundred sixteen square inches (approximately 12" x 18"), no smaller than eighty square inches (approximately 8" x 10").

(7) Mounting - Plaques shall be mounted on a concrete or cut stone base with a tilted face 12" or less above grade, to be determined by location of the plaque.

Living memorials. Living memorials consist of trees, shrubs, gardens, or other plantings to commemorate an individual or event. When proposing the placement of a living memorial on state capitol grounds the life expectancy of the memorial and the cost of maintenance shall be considered by the proposing entity. Selection of plant types shall be coordinated with the department for compatibility with landscape plans and existing plantings. The department shall encourage the replacement of existing, aging, or ill trees and shrubs in lieu of new plantings. When a living memorial dies, it will not be automatically replanted. Living memorials dedicated to individuals will not be permanently marked. The department will maintain records of all living memorial plantings.

Fixtures and furnishings. Benches and other campus furnishings shall comply with Washington state capitol campus exterior furnishings and fixtures design guidelines. These guidelines are available from the department.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-090, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-090, filed 12/18/97, effective 1/18/98.

Wash. Admin. Code § 200-230-100 Approval process for minor works on state capitol grounds.

Proposing entities must submit a proposal to the director for placement of a minor work on state capitol grounds. The proposal shall include:

(1) A description of the work;

(2) An explanation of why the proposing entity believes it fits the definition of a minor work;

(3) A description of how the proposal meets the criteria in WAC 236-18-030 and the requirements of WAC 236-18-040, and considers and responds to the applicable guidelines under WAC 236-18-060 and 236-18-070.

The director will confirm that a proposed work is a "minor work" based on the definition provided in this rule, and may grant approval or request additional information. Review or approval by the capitol campus design advisory committee, the Washington state arts commission and the state capitol committee is not required; however, the director may seek their advice at his or her discretion.

The department will work with the proposing entity on design and siting considerations.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-230-100, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.34, 43.19 RCW and 1997 c 149 § 140(3). WSR 98-01-112, § 236-18-100, filed 12/18/97, effective 1/18/98.

Chapter 200-240 Display of flags—State capitol grounds.

Wash. Admin. Code § 200-240-004 "State capitol grounds" defined.

"State capitol grounds" shall be construed to be those grounds designated by the state capitol committee as state capitol grounds.

History

Statutory Authority: Chapter 43.19 RCW. WSR 15-19-014, § 200-240-004, filed 9/3/15, effective 10/5/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-240-004, filed 11/17/11, effective 11/17/11
Order 76-3, § 236-20-004 (codified as WAC 236-20A-004), filed 3/15/76.

Wash. Admin. Code § 200-240-010 Flag plazas.

The flag plazas on the east and west capitol campus are designated as the official locations for display of the United States and Washington state flags on the state capitol grounds. The United States flag and the Washington state flag will be flown permanently at these locations.

The flags of visiting United States governors and dignitaries and other flags may be flown at these locations as required by law or at the discretion of the governor of the state of Washington.

History

Statutory Authority: Chapter 43.19 RCW. WSR 15-19-014, § 200-240-010, filed 9/3/15, effective 10/5/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-240-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.125. WSR 85-10-037 (Order 85-01), § 236-20A-010, filed 4/29/85
Order 76-3, § 236-20-010 (codified as WAC 236-20A-010), filed 3/15/76.

Wash. Admin. Code § 200-240-020 Display of flags on state buildings.

The United States flag and the Washington state flag may be displayed from buildings on the state capitol grounds in such place and in such manner as the director of enterprise services may direct. No flags other than the United States flag and the Washington state flag may be displayed upon any pole or other place designated for the official display of flags, except as provided by law or at the discretion of the governor of the state of Washington.

History

Statutory Authority: Chapter 43.19 RCW. WSR 15-19-014, § 200-240-020, filed 9/3/15, effective 10/5/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-240-020, filed 11/17/11, effective 11/17/11
Order 76-3, § 236-20-020 (codified as WAC 236-20A-020), filed 3/15/76.

Chapter 200-250 Operating unmanned aircraft on the state capitol campus.

Wash. Admin. Code § 200-250-010 Purpose.

The purpose of these rules is to make sure the use of unmanned aircraft on the state capitol campus is managed in a safe and secure manner by the department of enterprise services. Because of this, the state capitol campus is closed to launching, landing, or operating unmanned aircraft, subject to the conditions and exceptions described below.

History

Statutory Authority: RCW 43.19.125. WSR 16-03-026, § 200-250-010, filed 1/11/16, effective 2/11/16.

Wash. Admin. Code § 200-250-020 Definitions.

(1) "Department" means the department of enterprise services.

(2) "Director" means the director of the department of enterprise services or his or her designee.

(3) "National airspace system" means is the airspace, navigation facilities and airports of the United States.

(4) "State capitol campus" means those grounds owned by the state and otherwise designated as the state capitol campus by the state capitol committee.

(5) "Unmanned aircraft" means a system or device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links).

This term includes all types of systems or devices that meet this definition that are used for any purpose or activity, including but not limited to governmental, private, recreational, or commercial uses. Some examples of unmanned aircraft are model airplanes, quadcopters, and drones.

History

Statutory Authority: RCW 43.19.125. WSR 16-03-026, § 200-250-020, filed 1/11/16, effective 2/11/16.

Wash. Admin. Code § 200-250-030 Use of unmanned aircraft is prohibited.

Launching, landing, or operating an unmanned aircraft from or on lands and waters within the boundaries of the state capitol campus is prohibited except for the exclusions listed under WAC 200-250-040.

History

Statutory Authority: RCW 43.19.125. WSR 16-03-026, § 200-250-030, filed 1/11/16, effective 2/11/16.

Wash. Admin. Code § 200-250-040 Exclusions.

The prohibition on launching, landing, or operating unmanned aircraft on the state capitol campus under WAC 200-250-030 does not apply to:

(1) Emergency law enforcement and fire response operations;

(2) Other operations designed to support responses to health and human safety emergencies such as search and rescue, health and environmental incidents;

(3) National defense activities;

(4) Activities necessary for the care and custody of the state capitol campus when those activities have prior written approval by the director.

History

Statutory Authority: RCW 43.19.125. WSR 16-03-026, § 200-250-040, filed 1/11/16, effective 2/11/16.

Wash. Admin. Code § 200-250-050 Requirements for obtaining advance approval of director under WAC 200-250-040(4).

(1) Use of unmanned aircraft must be approved in advance and in writing by the director.

(2) When considering approval, the director shall consider the criteria for the exception and whether the activity will:

(a) Present a clear and present danger to public health and safety;

(b) Cause injury or damage to state resources;

(c) Be contrary to the purposes for which the state capitol campus was established, or unacceptably impact the atmosphere of peace and tranquility maintained in natural, historic, or commemorative locations within the state capitol campus;

(d) Unreasonably interfere with the interpretive center, visitor services, other program activities, or with the administrative activities of enterprise services;

(e) Substantially impair the operations of enterprise services concessioners or contractors;

(f) Result in significant conflict with other existing uses.

(3) The director may condition any approval with appropriate time, place, and manner restrictions, which the requestor must follow.

(4) An approval issued by the director does not exempt the operator from obtaining the appropriate authorization from the federal aviation administration.

(5) Requirements put in place by the federal aviation administration on the use or operation of unmanned aircraft in the national airspace system must be followed. Nothing in this rule or enterprise services policies is intended to modify any requirement put in place by the federal aviation administration on the use or operation of unmanned aircraft in the national airspace system.

(6) Enterprise services will coordinate with the federal aviation administration regarding the use of unmanned aircraft on the state capitol campus as may be required.

(7) Applicable policies and rules put in place by the department must be followed, including but not limited to chapters 200-200 through 200-220 WAC.

(8) Applicable state requirements must be followed.

History

Statutory Authority: RCW 43.19.125. WSR 16-03-026, § 200-250-050, filed 1/11/16, effective 2/11/16.

Chapter 200-260 Skating and skateboarding on the state capitol grounds.

Wash. Admin. Code § 200-260-100 Definitions.

(1) "Skating" refers to rollerblades, in-line skates and roller skates.

(2) "Rollerblades/in-line skates" are defined as skates having rollers or wheels that are in line, generally consisting of four wheels.

(3) "Roller skates" are generally defined as skates having four wheels, dual wheels in front and dual wheels in the rear.

(4) "Hours of darkness" is defined as the hours between sunset and sunrise.

History

WSR 19-14-004, recodified as § 200-260-100, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-18005, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 97-01-063, § 236-12-18005, filed 12/13/96, effective 12/14/96.

Wash. Admin. Code § 200-260-101 "Skateboard" defined.

"Skateboard" as used herein shall mean an oblong board with roller skate wheels or other similar wheels mounted under it at each end.

History

WSR 19-14-004, recodified as § 200-260-101, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-170, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 92-09-076, § 236-12-170, filed 4/15/92, effective 5/16/92.

Wash. Admin. Code § 200-260-102 "Skateboarding" defined.

"Skateboarding" as used herein shall mean any person who stands with one or both feet touching a skateboard and/or who does handstands with one or both hands touching a skateboard and/or who crouches, sits, or lies upon a skateboard while it is in motion. "Skateboarding" also shall mean skateboard riding.

History

WSR 19-14-004, recodified as § 200-260-102, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-171, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 92-09-076, § 236-12-171, filed 4/15/92, effective 5/16/92.

Wash. Admin. Code § 200-260-160 Intent of the director.

It is the intent of the director in adopting these skateboard regulations to acknowledge the dangerous impact that skateboarding on the capitol campus has to the health and safety of state employees, visitors, skateboarders, and the general public and the destructive impact it has on physical structures, roadways, and pathways on the capitol campus.

The following are some of the reasons why skateboarding on the capitol campus must be controlled:

(1) During recent years, the use of skateboards has increased dramatically. As a result, the department has been contacted by numerous employees and citizens complaining about the dangerous and destructive practices of skateboarders on the capitol campus grounds.

(2) Many skateboarders ride their boards in high volume areas and thus threaten the safety of pedestrians, motorists, and the skateboarders themselves.

(3) The director finds that skateboarding in such high volume or crowded areas, even if done in a nonnegligent manner, is incompatible with pedestrian use of these areas, due mainly to the speed and maneuverability of skateboards.

(4) Skateboard riders have ridden their boards down entrance and exit ramps of state underground parking facilities, sometimes against traffic, placing the skateboarders in serious danger and placing the motorists in a position of liability and possible harm. Skateboarders also have ridden their boards near doorways, nearly hitting pedestrians. In addition, skateboarders have ridden into state buildings jeopardizing occupants, and have ridden on walls, curbs, partitions, ramps, or other vertical and irregular physical surfaces, causing damage to state facilities and surfaces.

(5) The director finds that skateboarding in roadways and parking facilities and parking ramps creates a danger to the skateboard rider and to the motorist and is incompatible with motor vehicle use in such areas.

(6) The director finds that these skateboard regulations are necessary in order to avoid property loss, personal injury, and liability exposure associated with the use of skateboards on state property and within state facilities.

History

WSR 19-14-004, recodified as § 200-260-160, filed 6/20/19, effective 6/20/19. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-160, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 92-09-076, § 236-12-160, filed 4/15/92, effective 5/16/92.

Wash. Admin. Code § 200-260-175 Skateboarding prohibited.

Skateboarding is prohibited on the state capitol grounds including, but not limited to, the streets, sidewalks, walkways, walls, raised structural elevations, east capitol campus plaza, parking structures, lots and ramps, other paved surfaces of the state capitol grounds and any other structure or part thereof.

History

WSR 19-14-004, recodified as § 200-260-175, filed 6/20/19, effective 6/20/19. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-175, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-175, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 92-09-076, § 236-12-175, filed 4/15/92, effective 5/16/92.

Wash. Admin. Code § 200-260-180 Violation—Penalty.

Violation of any of the provisions contained in WAC 200-200-160, 200-200-170, 200-200-171, or 200-200-175 shall constitute a traffic infraction which is subject to the jurisdiction of the Thurston County district court. Violators shall be ticketed by the Washington state patrol. The fine for violating any of these skateboarding regulations shall be twenty-five dollars.

History

WSR 19-14-004, recodified as § 200-260-180, filed 6/20/19, effective 6/20/19. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-180, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-180, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 92-09-076, § 236-12-180, filed 4/15/92, effective 5/16/92.

Wash. Admin. Code § 200-260-190 Skating prohibited.

Skating is only permitted on the state capitol grounds on streets and sidewalks as long as the skating activity does not interfere in any manner with efforts to conduct state business or pedestrian and vehicle traffic. Skating, as defined in WAC 200-200-18005, is specifically prohibited on stairs, curbs, walls, raised structural elevations, monuments, parking garages, ramps, railings and any structure or part thereof.

Skating activities taking place during the hours of darkness require the skater to wear reflective-type clothing.

History

WSR 19-14-004, recodified as § 200-260-190, filed 6/20/19, effective 6/20/19. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-18003, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-18003, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 97-01-063, § 236-12-18003, filed 12/13/96, effective 12/14/96.

Wash. Admin. Code § 200-260-200 Violation—Penalty.

Violation of WAC 200-200-18003 shall constitute a traffic infraction which is subject to the jurisdiction of Thurston County district court. Violations shall be ticketed by the Washington state patrol. The fine for violating WAC 200-200-18003 shall be twenty-five dollars.

History

WSR 19-14-004, recodified as § 200-260-200, filed 6/20/19, effective 6/20/19. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-200-18007, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-200-18007, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.150. WSR 97-01-063, § 236-12-18007, filed 12/13/96, effective 12/14/96.

Chapter 200-300 Contracting for goods and services.

Wash. Admin. Code § 200-300-010 Purpose.

The purpose of this chapter is to set forth rules and regulations applicable to the purchase of goods and services by, through, or under authority delegated by, the department of enterprise services.

History

Statutory Authority: Chapters 39.26 and 43.19 RCW. WSR 14-14-090, § 200-300-010, filed 6/30/14, effective 7/31/14. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-300-010, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.19 RCW. WSR 91-09-035, § 236-48-002, filed 4/12/91, effective 5/13/91. Statutory Authority: RCW 43.19.180 - 43.19.1932 and 43.19.520 - 43.19.538. WSR 89-17-094 (Order 89-02), § 236-48-002, filed 8/22/89, effective 9/22/89
Order 77-2, § 236-48-002, filed 1/28/77.

Wash. Admin. Code § 200-300-075 In-state preference bids.

The department of enterprise services shall make available a list of each state, relating to state purchasing practices, whose statutes or regulations grant a preference to bidders located within that state or goods manufactured within that state. This list shall be updated on an annual basis. The department of enterprise services shall notify agencies when the list is updated. In determining whether to assess a percentage increase against a bidder, and the amount of that increase, the purchasing agency will consider only the business address from which the bid was submitted. The purchasing agency will add the appropriate percentage increase to each bid bearing the address from a state with in-state preference rather than subtracting a like amount from Washington state bidders.

This action will be used only when evaluating bids for award. In no instance shall the increase be paid to a bidder whose bid is accepted.

This WAC section applies only to competitive solicitations in accordance with chapter 39.26 RCW.

History

Statutory Authority: Chapters 39.26 and 43.19 RCW. WSR 14-14-090, § 200-300-075, filed 6/30/14, effective 7/31/14. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-300-075, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.19 RCW. WSR 99-15-070, § 236-48-085, filed 7/19/99, effective 8/19/99. Statutory Authority: RCW 43.19.180 - 43.19.1932 and 43.19.520 - 43.19.538. WSR 89-17-094 (Order 89-02), § 236-48-085, filed 8/22/89, effective 9/22/89. Statutory Authority: Chapter 43.19 RCW. WSR 83-18-004 (Order 83-03), § 236-48-085, filed 8/26/83.

Wash. Admin. Code § 200-300-085 Bid award preference.

In conducting purchases of goods and/or services, preference shall be given to the extent allowed by statute: To goods containing recycled material as outlined under RCW 39.26.255 provided that the purchasing agency sets forth in the competitive solicitation a minimum percent content of recycled material that must be certified by the producer of the goods to qualify for the preference. Bids for goods so certified shall be given a preference of ten percent of the amount of the bid in determining the lowest responsive bid for any item or grouping of items to be awarded to a single bidder. This preference shall be separate from and applied after any other preferences allowed by statute. The minimum content of recycled material shall be not less than fifteen percent provided that for those goods for which the Environmental Protection Agency has adopted procurement guidelines under the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. §6901 et seq.), as amended, the minimum content of recycled material shall not be less than specified in the most current adopted issue of those guidelines. The producer of the goods shall certify the post consumer and recycled or waste material content at the time of submitting bid. To qualify for the preference, the goods shall otherwise be at least functionally equal to all other specifications and use requirements. The preference shall be used for bid evaluation purposes only and the actual dollars bid shall be the contracted amount. In the event of a tie for lowest responsive bid between products otherwise meeting all bid specifications, the purchasing agency shall consider the larger post consumer material content as a factor in determining the award. Should the purchasing agency determine that the use of this preference does not encourage the use of more recycled material for reasons including inadequate competition, economics, environmental constraints, quality or availability, the purchasing agency shall issue, consider and award bids without the preference. For the purpose of meeting Resource Conservation and Recovery Act requirements for state agency purchase of goods complying with Environmental Protection Agency recycled or waste guidelines, the department of enterprise services may adopt specifications requiring that only goods meeting these guidelines are responsive and may consider bids for such goods though the cost exceeds ten percent of goods not meeting such guidelines.

History

Statutory Authority: Chapters 39.26 and 43.19 RCW. WSR 14-14-090, § 200-300-085, filed 6/30/14, effective 7/31/14. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-300-085, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.19 RCW. WSR 99-15-070, § 236-48-096, filed 7/19/99, effective 8/19/99. Statutory Authority: RCW 43.19.534. WSR 94-21-017, § 236-48-096, filed 10/6/94, effective 11/6/94. Statutory Authority: Chapter 43.19 RCW. WSR 91-09-035, § 236-48-096, filed 4/12/91, effective 5/13/91. Statutory Authority: RCW 43.19.180 - 43.19.1932 and 43.19.520 - 43.19.538. WSR 89-17-094 (Order 89-02), § 236-48-096, filed 8/22/89, effective 9/22/89. Statutory Authority: Chapter 43.19 RCW. WSR 83-18-004 (Order 83-03), § 236-48-096, filed 8/26/83
Order 77-2, § 236-48-096, filed 1/28/77.

Wash. Admin. Code § 200-300-086 Preference for correctional industries Class II products.

The following provisions outline purchase requirements for correctional industries, Class II goods and services:

(1) Correctional industries will identify the goods and services available for purchase through the department of enterprise services and confirm the same in writing to the director of the department of enterprise services at least one hundred twenty days before the expiration of any existing contract(s). The writing from correctional industries will include a request that the department of enterprise services tender to correctional industries a mandatory use contract to sell these goods and services to state agencies, the legislature and departments in accordance with RCW 43.19.534. A mandatory use contract as defined in the procurement document will be executed between the department of enterprise services and correctional industries that complies with state law and covers all specified Class II goods and services that are produced in whole, or in part, by correctional industries.

(2) All goods and services covered by the department of enterprise services mandatory use contract are to be purchased from correctional industries. The department of enterprise services will administer these contracts.

(3) Any state agency, branch of the legislature or department may apply for an exemption from the correctional industries purchase preference by using the form developed by the department of enterprise services. If the request for exemption is approved, that approval shall apply for the specified product or product line for a period of one year from the date of approval of the exemption. The approval shall apply to all customers of that agency requesting that product or product line.

(4) However, goods or services produced by Class II correctional industries programs which primarily replace goods manufactured or services obtained from outside the state of Washington are not subject to the criteria contained in subsection (3) of this section, and shall be purchased solely from correctional industries.

History

Statutory Authority: Chapters 39.26 and 43.19 RCW. WSR 14-14-090, § 200-300-086, filed 6/30/14, effective 7/31/14.

Chapter 200-305 Debarment procedures.

Wash. Admin. Code § 200-305-005 Purpose.

The purpose of this chapter is to provide rules for the department of enterprise services to implement the provisions of RCW 39.26.200, which authorize the department either to fine or to debar contractors. Fines in lieu of debarment provide a cost-effective, efficient, progressive enforcement mechanism to utilize state resources to police certain causes that otherwise would result in debarment and help ensure a vibrant, open, competitive procurement marketplace for bidders and the state of Washington.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-005, filed 10/9/18, effective 11/9/18.

Wash. Admin. Code § 200-305-010 Definitions.

The definitions set forth in chapter 39.26 RCW and in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Affiliate" means a person in a business relationship who either directly or indirectly controls or has the power to control the other or a third party who controls or has the power to control both. Factors used to determine control include:

(a) Interlocking management or ownership;

(b) Identity of interests among family members;

(d) Common use of employees; or

(e) A business entity organized following the debarment or proposed debarment of a person which has the same or similar management, ownership, or employees as the person that was debarred or proposed for debarment.

(2) "Conviction" means:

(a) A judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or

(b) Any other resolution that is the functional equivalent of a judgment, including probation before judgment and deferred prosecution. A disposition without the participation of the court is the functional equivalent of a judgment only if it includes an admission of guilt.

(3) "Covered transaction" means submitting a bid, having a bid considered, entering into a state contract, or subcontracting on a state contract.

(4) "Debarring official" means the director of the department of enterprise services or the director's designee, who shall exercise the authority to debar or fine in lieu of debarment.

(5) "Fine in lieu of debarment" means an alternative to debarment, for certain causes that otherwise could result in debarment, but for which a monetary penalty, under the circumstances, may be more appropriate than debarment.

(6) "Investigating official" means a person appointed to investigate the merits of a debarment referral.

(7) "Service" or "service of process" means, for any delivery required under this chapter, personal delivery, delivery by U.S. postal mail service, electronic mail delivery, or delivery by other reasonable commercially acceptable means of delivery.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-010, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-010, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-020 Causes for debarment.

The director may debar a contractor based on a finding of one or more of the causes specified in RCW 39.26.200(2). A contractor or affiliate also may be debarred for failure to timely pay a fine in lieu of debarment as provided in WAC 200-305-025. A debarment may include any affiliate of the contractor if specifically named and given notice of the proposed debarment pursuant to this chapter.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-020, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-020, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-025 Causes for fine in lieu of debarment.

The director may fine a contractor in lieu of debarment based on a finding of one or more of the causes specified in RCW 39.26.200 (2)(e) or (f).

(1) The director shall decide whether to order debarment or a fine in lieu of debarment. Such decision shall rest with the sound discretion of the director but be informed by the aggravating and mitigating factors set forth in this chapter.

(2) A fine in lieu of debarment shall be set at an amount to:

(a) Negate any economic gain to the contractor from the violation; and

(b) Recover the cost to the state from the contractor's violation.

(3) In the event that a fine in lieu of debarment is ordered and the contractor does not timely pay such fine in lieu of debarment as set forth in the order, the fine in lieu of debarment shall be deemed, without further action, to be a debarment order for a period of three years. Notwithstanding any provision to the contrary, because the fine in lieu of debarment was subject to review, there shall be no further review of a debarment order that is the result of a fine in lieu of debarment that is not timely paid.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-025, filed 10/9/18, effective 11/9/18.

Wash. Admin. Code § 200-305-030 Aggravating and mitigating factors.

The following are the mitigating and aggravating factors that the investigating official and debarring official may consider in determining whether to debar and the length of the debarment period, or to fine in lieu of debarment.

(1) The actual or potential harm or impact that resulted or may result from the wrongdoing.

(2) The frequency of incidents and/or duration of the wrongdoing.

(3) Whether there is a pattern or prior history of wrongdoing.

(4) Whether the contractor or affiliate has been excluded or disqualified by an agency of the federal government or has not been allowed to participate in state or local contracts or assistance agreements on a basis of conduct similar to one or more of the causes for debarment specified in this rule.

(5) Whether the contractor or affiliate has entered into an administrative agreement with a federal agency or a state or local government that is not government-wide but is based on conduct similar to one or more of the causes for debarment specified in this rule.

(6) Whether the contractor or affiliate has accepted responsibility for the wrongdoing and recognizes the seriousness of the misconduct that led to the cause for debarment.

(7) Whether the contractor or affiliate has paid or agreed to pay all criminal, civil and administrative liabilities for the improper activity, including any investigative or administrative costs incurred by the government, and has made or agreed to make full restitution.

(8) Whether the contractor or affiliate has cooperated fully with the government agencies during the investigation and any court or administrative action. In determining the extent of cooperation, the investigating official or debarring official may consider when the cooperation began and whether the contractor or affiliate disclosed all known pertinent information.

(9) The kind of positions held by the individuals involved in the wrongdoing.

(10) Whether the contractor or affiliate took appropriate corrective action or remedial measures, such as establishing ethics training and implementing programs to prevent recurrence.

(11) Whether the contractor or affiliate brought the activity cited as a basis for the debarment to the attention of the appropriate government agency in a timely manner.

(12) Whether the contractor or affiliate has fully investigated the circumstances surrounding the cause for debarment and, if so, made the result of the investigation available to the investigating official or debarring official.

(13) Whether the contractor or affiliate had effective standards of conduct and internal control systems in place at the time the wrongdoing occurred.

(14) Whether the contractor or affiliate has taken appropriate disciplinary action against the individuals responsible for the activity that constitutes the cause for debarment.

(15) Other factors appropriate to the circumstances of a particular case.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-030, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-030, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-040 Referring a person for debarment or fine in lieu of debarment.

(1) Any person may file a referral for debarment or fine in lieu of debarment with the department. The referral must be in writing. The referring party may complete the department's debarment referral form. The referral must include the following information:

(a) The name and contact information of the person submitting the referral;

(b) The specific facts supporting the request for debarment or fine in lieu of debarment, including the dates and locations for all events upon which the referral is made;

(c) The cause or causes specified in RCW 39.26.200(2) upon which debarment or fine in lieu of debarment may be based that the referring party believes are supported by the facts presented; and

(d) The name of the contractor and any affiliates the referring party believes should be subject to debarment or fine in lieu of debarment.

(2) The department will make an initial assessment of the referral. If the department determines that the facts as presented, if true, support a debarment or fine in lieu of debarment, the department will conduct an investigation to substantiate the allegations. Otherwise, the department will reject the referral.

(3) The department will notify the referring party in writing and state whether the referral will be investigated or rejected.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-040, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-040, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-050 Investigation.

(1) If the department accepts a debarment referral and conducts an investigation, the department will notify the contractor and affiliates in writing.

(2) The notice must:

(a) Provide a complete copy of the debarment referral;

(b) State the applicable cause(s) for debarment or fine in lieu of debarment, including the applicable statutory or administrative code provisions, and the factual allegations supporting each cause in terms sufficient to put the contractor and affiliates on notice of the specific reasons for the investigation;

(c) Request a written response to the allegations including any documents that support the response, and state that failure to respond will result in the department making a decision without the recipient's input; and

(d) State the effects of a debarment order or fine in lieu of debarment order.

(3) At the conclusion of the investigation, the investigating official will issue a report that includes the following information:

(a) Facts found by the investigating official;

(b) Whether the facts support debarment or a fine in lieu of debarment; and

(c) A recommendation. The recommendation shall state whether the referral should be dismissed with no further action taken or whether a debarment order or fine in lieu of debarment should be issued, including the duration of the debarment or the amount of the fine in lieu of debarment.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-050, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-050, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-060 Notice of recommended debarment or fine in lieu of debarment.

(1) If, based on the investigation, the investigating official determines that the facts support debarment or a fine in lieu of debarment the investigating official shall notify the affected contractor and affiliates. The investigating official shall cause service of the notice of recommended debarment or fine in lieu of debarment on the affected contractor and affiliates. The notice shall include the following information:

(a) The effective date for any recommended debarment or fine in lieu of debarment;

(b) Each cause for the recommended debarment or fine in lieu of debarment and the facts that the investigating official found that support each cause;

(c) The period of the recommended debarment or the amount of the fine in lieu of debarment and the deadline for payment of such fine in lieu of debarment;

(d) Notice that, in the case of a fine in lieu of debarment, if such fine is not timely paid, the fact that such failure will cause the fine in lieu of debarment to be converted to a debarment, without further action or process, and state the period of the recommended debarment in such event;

(e) How the recommended debarment or fine in lieu of debarment will impact either the contractor or affiliates or both;

(f) The notice shall state that if no hearing is requested within thirty days of the date of issuance of the notice, the debarring official may issue a final, unappealable debarment order or fine in lieu of debarment order.

(2) Either the contractor or affiliates or both, as applicable, may request a hearing in accordance with WAC 200-305-070 to dispute the recommended debarment or recommended fine in lieu of debarment or the recommended debarment period or the recommended amount of the fine in lieu of debarment.

(3) Where a hearing is requested, the recommended debarment order or fine in lieu of debarment order will not go into effect until the resolution of the hearing in accordance with WAC 200-305-080.

(4) If no one requests a hearing, the investigating official will provide the report and recommendation to the debarring official, who may issue the recommendation as a final debarment order or fine in lieu of debarment order. The order shall include the effective date and term of the debarment order or fine in lieu of debarment order. If the debarring official elects to impose a sanction that is more severe than the recommendation of the investigating official, a new notice will be provided and an opportunity to request a hearing under WAC 200-305-070 will be provided before the order becomes effective.

(5) A fine in lieu of debarment order shall not constitute a debarment order.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-060, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-060, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-070 Request for a hearing on recommended debarment or fine in lieu of debarment.

Either the contractor, or affiliate or both may request a hearing to contest the recommended debarment or fine in lieu of debarment. The request must be served with the director within thirty days after the date the investigating official served the notice of recommended debarment or recommended fine in lieu of debarment on the contractor and affiliates. The person requesting the hearing must also serve a copy of the request on the investigating official.

The request for hearing must be in writing and must specify:

(1) The name of the person requesting the hearing and the person's contact information; and

(2) The facts, conclusions, penalties or other matters in the notice of recommended debarment or the notice of recommended fine in lieu of debarment that are contested.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-070, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-070, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-080 Hearing on recommended debarment or recommended fine in lieu of debarment.

(1) The director may hear the contested matter personally or may delegate the authority to hold the hearing and draft a proposed decision to another person or to an administrative law judge pursuant to chapter 34.12 RCW. The investigating official, on behalf of the department, shall be the petitioner in the hearing, and the contractor and affiliates shall be the respondents.

(2) The investigating official shall have the burden of proving the basis for the cause for debarment and the debarment period or fine in lieu of debarment and fine amount as set forth in the notice for recommended debarment or the notice for recommended fine in lieu of debarment.

(3) The hearing shall be conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW and to the extent not covered in this chapter, by the uniform procedural rules in chapter 1-08 WAC.

(4) If the director presides over the hearing, the director shall issue a final decision in writing that includes findings of fact, conclusions of law, and, if appropriate, the debarment period or fine amount. The director shall cause service of the final decision on all parties.

(5) If the director's delegate or an administrative law judge presides over the hearing, she or he shall issue a proposed decision that includes findings of fact, conclusions of law, and, if appropriate, the debarment period or fine amount. The proposed decision also shall include instructions on how to serve objections and written arguments or briefs with the debarring official. Objections and written arguments and briefs must be served within twenty days from the date of receipt of the proposed decision.

(6) The parties may stipulate to the method of service, as defined in WAC 200-305-010(14) for the proposed decision. Absent agreement or stipulation, the department will serve the final order by United States mail, with service complete on the date of mailing.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-080, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-080, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-090 Final decision.

(1) The debarring official shall review the proposed decision in accordance with the Administrative Procedure Act, chapter 34.05 RCW and any objections, written arguments and briefs timely filed by the parties. The debarring official may:

(a) Allow the parties to present oral arguments;

(b) Allow the parties to submit additional information if circumstances so warrant; or

(2) The debarring official shall issue a final decision that adopts in whole or in part, modifies or rejects the proposed decision.

(a) If the decision is to issue a debarment order, the debarment becomes effective on the date specified in the debarment order.

(b) If the decision is to issue a fine in lieu of debarment, the fine becomes due and effective on the date specified in the order.

(3) The debarring official shall cause service of the final decision on all parties. Either the contractor or affiliate or both may file a petition for review of the final decision to superior court. If neither the contractor nor affiliate appeals within the period set by RCW 34.05.542, the debarring official's decision is conclusive and binding on all parties. The appeal must be filed within thirty days from service of the final decision.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-090, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-090, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-100 Effect of a debarment order on the contractor and affiliate.

The effects of a debarment order on the contractor and affiliate are:

(1) A debarred contractor (and, if applicable, affiliate) is ineligible to participate, directly or indirectly, in any covered transaction.

(2) Debarment constitutes debarment of all divisions or other organizational elements of the debarred person, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or commodities.

(3) A person's debarment shall be effective in every agency, unless the director states in writing the compelling reasons justifying continued business dealings between an agency and the debarred person.

(4) A fine in lieu of debarment shall not constitute a debarment order.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-100, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-100, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-110 Effect of a debarment order on state agencies.

The effects of a debarment order on state agencies are:

(1) Agencies shall not permit debarred persons to participate in covered transactions, unless the debarring official determines in writing that there is a compelling reason to do so.

(2) If the period of debarment expires or is terminated prior to award, a contracting officer may, but is not required to, consider a debarred person's bid.

(3) Notwithstanding debarment, agencies may continue contracts or subcontracts in existence at the time the person was debarred unless the debarring official determines otherwise.

(4) Agencies shall not add new work, exercise options, or otherwise extend the duration of current contracts or orders for debarred persons, unless the debarring official makes a written determination of the compelling reasons for doing so.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-110, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-110, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-120 Relief from a debarment order.

(1) A debarred contractor or affiliate may request that the debarring official grant relief from the final debarment order or reduce the time period or scope of the final debarment order.

(2) The debarring official may reduce or terminate the debarment based on:

(a) Newly discovered material evidence;

(b) A reversal of the conviction upon which debarment was based;

(d) Elimination of other causes for which the debarment was imposed; or

(e) Other reasons the debarring official finds appropriate.

History

Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-120, filed 4/17/13, effective 5/18/13.

Wash. Admin. Code § 200-305-130 Service and delivery.

(1) Any notice, objection or information that is required or allowed by these rules may be served or delivered to the department as follows:

(a) By courier delivery:

Department of Enterprise Services

1500 Jefferson Street S.E.

Olympia, WA 98504-1466

Attn: Office of the Director

(b) Or, mailed, by certified mail, return receipt requested to:

Department of Enterprise Services

Office of the Director

1500 Jefferson Street S.E.

MS: 41466

Olympia, WA 98504-1466

(d) Service is complete upon receipt by the department.

(2) Any notice, objection or information that is required or allowed by these rules may be served by the department by U.S. mail or by any alternative means agreed to by the parties. Unless otherwise agreed, service is complete upon mailing to the contractor's address as registered with the Washington secretary of state.

History

Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-130, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-130, filed 4/17/13, effective 5/18/13.

Chapter 200-320 Competitive contracting.

Wash. Admin. Code § 200-320-001 Purpose.

Under RCW 41.06.142, agencies may competitively contract for services that state employees have customarily and historically provided. The law directs the department of general administration to adopt rules to ensure that the submittal and evaluation of bids are fair and objective, and that there exists a competitive market for the service. The department of general administration's objective in writing these rules is to provide clear, simple, fair, and consistent guidance in complying with the law.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-001, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-001, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-005 Scope of chapter.

This chapter applies to all services customarily and historically provided by state employees, except:

(1) As described in RCW 41.06.142(3) and 41.06.070;

(2) In the case of emergency purchases, which may be made in response to unforeseen circumstances beyond the control of the agency which present a real, immediate, and extreme threat to the proper performance of essential functions or which may reasonably be expected to result in excessive loss or damage to property, bodily injury, or loss of life. When an emergency purchase is made, the agency head shall submit written notification of the purchase, within three days of the purchase, to the director of general administration. This notification shall contain a description of the purchase, description of the emergency and the circumstances leading up to the emergency, and an explanation of why the circumstances required an emergency purchase; or

(3) If state employees will not be displaced.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-005, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-005, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-010 Definitions.

The following words, terms, and phrases, used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

(1) "Agency" means an office, department, board, commission, institution of higher education, or other separate unit or division, however designated, of the state government and all personnel thereof; it includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature.

(2) "Appeal" means both a request for an adjudicative proceeding or the actual adjudicative proceeding presided over by an administrative law judge from the office of administrative hearings in accordance with chapter 34.05 RCW.

(3) "Award" means to grant a contract to a successful bidder or bidders, which occurs on the date as specified in the award notice.

(4) "Bid" means a written offer to perform services by contract in response to a solicitation.

(5) "Bidder" means a party who submits a bid or proposal for consideration by an agency issuing a solicitation.

(6) "Competitive contracting" means the process by which classified employees compete with businesses, individuals, nonprofit organizations, or other entities for the performance of services those employees have customarily and historically performed.

(7) "Complainant" means bidder or potential bidder who files a complaint about the bidding process to the agency head or designee on allowable grounds.

(8) "Conflict of interest" means having a personal or financial interest that is in conflict with the proper discharge of state duties, including the transaction of state business with an entity or individual in which a state employee has an interest.

(9) "Date of award" means the date on which the agency and the successful bidder sign the contract.

(10) "Day," whether calendar or business day, means 8:00 a.m. to 5:00 p.m. Pacific Standard Time or Pacific Daylight Time, whichever is in effect. Business day excludes weekends and state holidays. Calendar day is every day including weekends and state holidays. If the end of a period calculated using calendar days falls on a weekend or state holiday, it will be extended to 5:00 p.m. of the next business day.

(11) "Efficiency improvement" means the enhanced value and/or quality that an agency achieves as a result of a change to a service or the ways a service is provided. This enhancement may come at a higher cost but its relative value offsets it. Such improvements may include, but are not limited to:

(a) Reduced preparation or process time;

(b) Greater accessibility or availability of service; or

(12) "Employee business unit" means a group of employees who perform services for which an agency proposes to competitively contract and who:

(a) Notify the agency of their intent to submit a bid for the performance of those services through competitive contracting; or

(b) Receive award of a contract from the agency as a result of being the successful bidder.

(13) "Employee business unit leader" means a member of the employee business unit chosen and granted authority by the other employee business unit members to represent the interests of the employee business unit in the bid process.

(14) "Employee notice" means the notice the agency is required to provide in RCW 41.06.142 (4)(a), "At least ninety calendar days prior to the date the contracting agency requests bids from private entities for a contract for services provided by classified employees, the contracting agency shall notify the classified employees whose positions or work would be displaced by the contract."

(15) "Fully allocated costs" means those costs associated with a service, including the cost of employees' salaries and benefits, space, equipment, materials, and other costs necessary to perform the service but does not include the state or agency's indirect overhead costs unless those costs can be attributed directly to the function in question and would not exist if that function were not performed by the state.

(16) "In writing" means written communication from one party to another including, but not limited to, electronic means.

(17) "Indirect costs" means state or agency costs linked to services which may not be assigned directly. Indirect costs include various administrative and support activities provided to a service by other units from within the agency or by other state government entities. These indirect costs are generally assigned to a service through cost allocation methods.

(18) "Notice of intent to award" means a written announcement of the apparent awardee(s) and the expected date of award.

(19) "Performance work statement" means a statement of the technical, functional and performance characteristics or requirements of the work to be performed. The statement identifies essential functions to be performed, determines performance factors, including the location of the work, the units of work, the quantity of work units, and the quality and timeliness of the work units.

(20) "Potential bidder" means a business, individual, nonprofit organization, employee business unit, or other entity capable of providing the services being considered for competitive contracting.

(21) "Quality assurance plan" means a plan by which an agency will monitor a contract awardee's performance to ensure that the standards of the performance work statement are met within the costs, quality of service, delivery, and other standards of the contract.

(22) "Resource plan" means a detailed written plan created by potentially displaced employees or the employee business unit and submitted to the agency for approval of the use of state resources including, but not limited to: State funds, facilities, tools, property, employees and their time requested for:

(a) Potentially displaced employees to prepare an alternative within the sixty calendar day window, as described in RCW 41.06.142 (4)(a), using state resources other than those offered by an agency; or

(b) The employee business unit to prepare its bid.

(23) "Responsible bidder" means a bidder who has the capability in all respects to perform in full the contract requirements and meet the elements of responsibility. In determining the "lowest responsible bidder," in addition to cost, the following elements shall be given consideration:

(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(d) The quality of performance of previous contracts or services;

(e) The previous and existing compliance by the bidder with laws relating to the contract or services; and

(f) Such other information as may be secured having a bearing on the decision to award the contract.

(24) "Sealed bid" means a bid that is submitted in a manner to prevent its contents from being revealed or known before the deadline for submission of all bids.

(25) "Solicitation" means the process of notifying potential bidders that the agency desires to receive competitive bids or proposals for furnishing services. This includes references to the actual document used in that process, such as the bid or request for proposal and any amendments to such documents.

(26) "State employee" or "employee" mean an employee in the classified service subject to the provisions of chapter 41.06 RCW.

History

Statutory Authority: RCW 41.06.142 (1)(b). WSR 14-11-102, § 200-320-010, filed 5/21/14, effective 6/21/14. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-010, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-100 Determining the existence of a competitive market.

(1) Under the law, an agency that considers contracting for services historically and customarily performed by state employees shall determine whether a competitive market exists for the service.

(2) For the purposes of this chapter, a competitive market exists when there are two or more separate businesses, individuals, nonprofit organizations, or other entities capable of providing the services being considered for competitive contracting.

(3) Agencies shall not consider an employee business unit as an entity capable of providing the service when determining the existence of a competitive market for that service.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-100, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-100, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-110 Agencies shall notify employee(s) of intent to solicit bids.

As required by RCW 41.06.142 (4)(a), the agency shall provide written notice to all potentially displaced employees of the agency's intent to solicit bids. The notice shall include at a minimum:

(1) A statement that the agency will pursue competitive contracting of specified services;

(2) The agency's determination that a competitive market exists;

(3) The date that the agency intends to solicit bids;

(4) A statement that employees whose position or work will be displaced have sixty calendar days from the date of notification to offer alternatives to competitive contracting as described in RCW 41.06.142 (4)(a) and an agency contact for submitting alternatives;

(5) The amount and type of state resources allocated by the agency to assist employees in developing alternatives within the time frame described in subsection (4) of this section; and

(6) A statement that employees whose positions or work will be displaced may compete in competitive contracting as one or more employee business units.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-110, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-110, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-115 Employees wanting to use state resources other than those offered by an agency.

If potentially displaced employees want to use state resources other than those offered by the agency to develop alternatives pursuant to WAC 236-51-110(5), they shall submit a written resource plan to the agency for consideration. No state resources other than those offered by the agency pursuant to WAC 236-51-110(5) shall be used in developing alternatives without prior written agency approval.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-115, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-115, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-120 Agency response to a potentially displaced employee alternative.

(1) An agency shall respond in writing to all potentially displaced employee alternatives.

(2) If no potentially displaced employee alternatives are accepted, the agency shall notify in writing all potentially displaced employees of:

(a) Its intent to proceed with soliciting bids on the date indicated in the agency's original notification referred to in WAC 236-51-110(3) or in twenty calendar days, whichever is greater; and

(b) The amount and type of state resources allocated by the agency to assist potentially displaced employees in developing the notice referred to in WAC 236-51-200.

(3) Failure to comply with subsection (2)(a) of this section is an allowable ground for complaint under WAC 236-51-510(1).

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-120, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-120, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-200 An employee business unit shall notify the agency of its formation.

(1) Potentially displaced employees that decide to compete by forming an employee business unit shall notify the agency in writing before the agency's intended day to solicit bids pursuant to WAC 236-51-110 and provide the following information:

(a) A list of those potentially displaced employees forming the employee business unit;

(b) The employee business unit leader(s); and

(c) A resource plan outlining the employee business unit's request for use of state resources needed to prepare the employee business unit's bid.

(2) The agency shall not consider a bid from an employee business unit if the employee business unit fails to notify the agency of its formation as provided in subsection (1) of this section.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-200, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-200, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-205 Agency's response to an employee business unit resource plan.

(1) An agency shall respond, in writing, to an employee business unit resource plan prior to soliciting bids. The response will either approve of the resource plan in its entirety, or modify it based on available state resources and the needs of the agency to meet its mission.

(2) An employee business unit shall not use state resources to prepare its bid prior to receiving the agency's response as provided in subsection (1) of this section.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-205, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-205, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-210 Agencies shall identify state standards.

If an agency intends to require the use of state standards it shall identify them in the solicitation document. State standards may include, but are not limited to: Financial, accounting, audit, payroll, human resources, procurement, record retention, or other systems, methods, infrastructure, or practices. Agencies shall use technology standards established by the Washington state department of information services, information services board.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-210, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-210, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-215 An employee business unit's bid shall include all costs related to delivering the service.

Pursuant to RCW 41.06.142 (4)(e), an employee business unit's bid shall include the fully allocated cost of the service. These fully allocated costs include, but are not limited to:

(1) Direct costs; which are costs that the service consumes or expends and thus are chargeable to the service. These direct costs include, but are not limited to:

(a) Salaries, wages, overtime, and benefits of employees directly performing the service;

(b) Purchased services, supplies and materials;

(d) Equipment and depreciation;

(e) One-time, transition, or start-up costs; and

(f) Travel.

(2) Indirect costs that would be reduced or eliminated if the service currently being provided by employees were instead provided by an outside contractor.

(3) Inflation assumptions.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-215, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-215, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-220 An employee business unit shall designate a point of contact for the competitive contracting process.

The employee business unit leader or their designee from within the employee business unit shall represent the employee business unit membership in the competitive contracting process. Representation includes, but is not limited to:

(1) Authority to contractually obligate the employee business unit;

(2) Receiving and submitting notices (including the notice to the agency of employee business unit formation);

(3) Participating in any presolicitation conference;

(4) Signing solicitation documents and submittals;

(5) Seeking clarifications and amendments of solicitations;

(6) Acknowledging award and conducting negotiations;

(7) Filing complaints;

(8) Filing appeals; and

(9) Committing to a performance agreement or quality assurance plan.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-220, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-220, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-225 Limits on performance of services not contained in a contract.

An employee business unit awarded a contract by an agency shall not perform or bid on solicitations for services not contained in its contract unless their agency approves in writing.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-225, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-225, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-300 General administration may establish formats.

The department of general administration may establish formats, guidelines, procedures, or instructions concerning solicitation, determining fully allocated costs, or submittal and evaluation of bids for use by agencies, employee business units, and other bidders.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-300, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-300, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-302 Solicitation development.

Employees whose work or positions may be displaced and potential bidders may provide technical assistance in the preparation of the solicitation document and performance work statement provided that their assistance does not create an unfair advantage over other bidders. Potentially displaced employees and potential bidders shall not determine the award methodology and scoring to be used in the evaluation of bids.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-302, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-302, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-305 Solicitation content.

Solicitations shall include:

(1) Complete bidder instructions;

(2) Submittal requirements;

(3) Performance work statement;

(4) Cost and noncost evaluation criteria;

(5) Name and address of the person designated to receive complaints and appeals;

(6) Agency's plan for publication and notice of award/intent to award; and

(7) Contract requirements, which shall include, but are not limited to:

(a) State standards as provided in WAC 236-51-210;

(b) Compliance and adherence to a quality assurance plan;

(d) Methods used to measure contract performance, costs, service delivery quality, and other contract standards;

(e) Terms and conditions;

(f) Provisions requiring an entity other than an employee business unit to consider employment of state employees who may be displaced by the contract;

(g) Cancellation provisions for improper or failed performance;

(h) Complaint process; and

(i) Appeal process.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-305, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-305, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-306 Cost evaluation criteria.

(1) An agency shall compare its current service cost against the total cost of contracting with the most responsive employee business unit and nonemployee business unit as part of its evaluation process.

(2) The total cost of contracting shall not include solicitation related costs such as, but not limited to:

(a) An evaluator's time;

(b) Bid-related expenses; or

(3) The most responsive employee and nonemployee business unit's bid shall include, but is not limited to:

(a) Bid price. The nonemployee business unit's bid price will include any applicable state tax paid by the agency on the purchase of services;

(b) Required one-time, transition, or start-up costs for implementing the proposal and recognized during the contract in the year those costs would be incurred; and

(4) An agency shall adjust the bids of the most responsive employee and nonemployee business unit in accordance with the following factors:

(a) The agency's conversion or transition costs relative to each bid;

(b) Contract administration costs incurred by the agency to administer either contract. Contract administration costs may differ depending on the performance monitoring requirements of the agency;

(c) Revenue impact to the state from changes to the tax base or collections that would result from an award of a contract to perform the service. Examples include, but are not limited to, state sales and use, business and occupation, inventory, fuel, and real estate tax; provided that a revenue impact does not mean, nor imply, that any added fees or charges for state services may be part of a bid.

(5) Agencies shall consider costs associated with the state's assumed risks in the evaluation of bid costs. If the agency cannot reasonably estimate the state's assumed risk costs, the agency shall structure the solicitation to eliminate these costs from the evaluation process. These costs include, but are not limited to:

(a) Insurance. Agencies shall calculate casualty, liability and property insurance premiums in cost estimates and enter these costs as appropriate for assets and risk coverage.

(b) Performance bonds. When a solicitation requires nonemployee business unit bidders to provide a performance bond, the agency shall exclude the cost from the nonemployee business unit's bid price. The solicitation bid structure should facilitate the elimination of this cost from the nonemployee business unit's bid.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-306, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-306, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-310 Amendment of solicitation.

An agency may amend or change a solicitation provided the change is issued prior to the specified bid opening date and time. Any material information that an agency provides to one potential bidder shall be provided to all potential bidders consistent with WAC 236-51-320. Oral interpretations of the solicitation shall not be binding.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-310, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-310, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-320 Public notice—Solicitations, amendments, and notices.

(1) Agencies shall post or otherwise publicize competitive contracting solicitations, amendments, notice of intent to award, notice of award, or notice of cancellation using methods and/or systems established by the department of general administration.

(2) In addition to using methods and systems provided above, agencies may post or otherwise publicize competitive contracting solicitations, amendments, notice of intent to award, notice of award, or notice of cancellation via other methods and/or systems of their choosing.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-320, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-320, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-400 Receiving bids.

(1) Bidders shall submit sealed bids in writing. Electronic submittal systems and processes may be utilized provided the submittal meets the definition of a sealed bid and the other requirements of this section.

(2) The agency shall ensure that bids remain sealed until the opening date and time specified in the solicitation.

(3) The agency shall open all sealed bids at the same time.

(4) Bidders shall submit bids to the agency no later than the opening date and time, and at the place specified, in the solicitation. An agency shall reject any bid received at a place different than, or on a date and time later than, what was specified in the solicitation.

(5) The agency may modify bid submission dates. When modifying the time allowed for submitting a bid, the agency shall issue an amendment as required by WAC 236-51-310 and provide notice consistent with WAC 236-51-320.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-400, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-400, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-405 Bid information disclosure.

Upon submission, all bids become the property of the agency and, except for purposes of evaluation, shall not be released or otherwise distributed until after the agency completes the evaluation and issues its notice of intent to award. Evaluation team members shall maintain confidentiality of information to ensure the integrity of the process. After award and distribution of award information or posting of such information electronically for public review, the bids, quotes, and proposals of all bidders shall be open to public inspection at the offices of the purchasing activity during normal office hours. Copies of documents subject to public disclosure will be made available upon request in accordance with purchasing activity policy. The purchasing activity assumes no responsibility for the confidentiality of bids, quotes or proposals after award. Any document(s) or information which the bidder believes is exempt from public disclosure per RCW 42.17.310 shall be clearly identified by bidder and placed in a separate envelope marked with bid number, bidder's name, and the words "proprietary data" along with a statement of the basis for such claim of exemption. The state's sole responsibility shall be limited to maintaining the above data in a secure area and to notify bidder of any requests for disclosure within a period of five years from date of award. Failure to so label such materials or failure to provide a timely response after notice of request for public disclosure has been given shall be deemed a waiver by the bidder of any claim that such materials are, in fact, so exempt.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-405, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-405, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-410 Bid evaluation.

(1) RCW 41.06.142 (4)(d)(i) prohibits employees who prepared the employee business unit's bid or who perform any of the services to be contracted from participating in the bid evaluation process.

(2) Members of an EBU or others who provided technical assistance to the EBU in the development of their bid shall be excluded from being evaluators.

(3) Evaluators cannot have a personal or financial interest in the outcome of the award.

(4) Evaluators shall sign declaratory statements certifying that they have no conflicts of interest and assuring confidentiality.

(5) Evaluators shall use only the evaluation criteria stated in the solicitation in evaluating bids.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-410, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-410, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-500 Who may file.

Bidders or potential bidders may file complaints regarding the bidding process.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-500, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-500, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-502 Time and place for filing complaints.

Complaints shall be filed with the contracting agency head or designee identified in the solicitation prior to the expected date of award.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-502, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-502, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-505 Form of complaints.

Complaints shall be submitted in writing and shall include the following:

(1) Complainant's name, address, and telephone number;

(2) Identification of the specific grounds for filing the complaint; and

(3) The relevant facts, arguments, exhibits, and supporting evidence known to the complainant and related to each identified ground.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-505, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-505, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-510 Grounds for filing a complaint.

Complaints must be based on the bidding process, which includes, but is not limited to, one or more of the following factors:

(1) The manner in which the solicitation was conducted;

(2) Undue constraint of competition by requirements of the solicitation;

(3) Inadequate and/or improper criteria in the solicitation document;

(4) Bias or discrimination; or

(5) Conflict of interest.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-510, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-510, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-515 Agency's response to complaints.

The agency shall respond to all complaints in writing prior to the award of the contract. If necessary, an agency shall extend the date of award to respond to all complaints.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-515, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-515, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-600 Notice of intent to award.

(1) An agency shall issue a notice of intent to award after concluding negotiations authorized under WAC 236-51-605, if any, and prior to the date of award. This notice shall also include a statement that any complaints must be filed prior to the expected date of award.

(2) Agencies shall notify all bidders of the intent to award consistent with WAC 236-51-320.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-600, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-600, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-605 Negotiations.

The agency may enter into negotiations exclusively with the apparent successful bidder for the purpose of, but not limited to:

(1) Determining if the bid may be improved;

(2) Clarifying elements of the bid that are not sufficiently precise or direct; or

(3) Securing better terms and conditions for the agency.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-605, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-605, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-610 Award.

(1) On the date of award, the agency shall send an award notice to all bidders in accordance with WAC 236-51-320.

(2) The award notice shall include the right to appeal, the appeal deadline, and the address for submitting an appeal. See WAC 236-51-700.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-610, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-610, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-615 Cancellation of solicitation.

An agency may cancel a solicitation or reject all bids after the bid opening, but before the award, if the agency determines that:

(1) The award will not achieve anticipated cost savings or efficiency improvements as required by RCW 41.06.142 (1)(e);

(2) The solicitation did not include all factors for the agency to determine cost savings or efficiency improvements;

(3) No responsive bid has been received from a responsible bidder;

(4) The solicitation and evaluation process was not fair, equitable, or objective; or

(5) There have been changes in business or market conditions that significantly impact the agency's original intent to competitively contract the service.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-615, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-615, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-620 Notice of cancellation.

If an agency cancels a competitive contracting solicitation, the agency shall post a notice of cancellation in writing pursuant to WAC 236-51-320. The notice shall include the specific reason for cancellation.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-620, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-620, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-700 Time and place for filing appeal.

An appeal shall be filed after contract award with the contracting agency head or designee as identified in the solicitation. The appeal shall be filed within twenty calendar days after the date of the award. An administrative law judge does not have jurisdiction to consider an appeal filed after this deadline.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-700, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-700, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-710 Who may file an appeal.

An appeal may only be filed by the following parties with regard to the respective specified grounds:

(1) Unsuccessful bidders with regard to elements of the bid submittal and evaluation process;

(2) Complainants with regard to an agency response to their complaint; or

(3) Displaced or potentially displaced employees with regard to an agency's:

(a) Adherence to the statutory notice requirements of RCW 41.06.142 (4)(a); or

(b) Determination of the existence of a competitive market as provided in RCW 41.06.142 (4)(d).

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-710, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-710, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-715 Form of an appeal.

Appeals shall be submitted in writing to the head of the agency that awarded the contract or to that person's designee. An appeal shall include, but not be limited to, the following information:

(1) Appellant's name, contact person, and/or representative with respective address, and telephone numbers;

(2) Identification and brief description of the grounds relied on for filing an appeal and a brief description of the issues to be resolved.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-715, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-715, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-720 Stay of award.

An agency may stay award decisions or actions pending resolution of an appeal.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-720, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-720, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-725 Transmission of an appeal.

(1) An appeal shall be transmitted by the agency to the office of administrative hearings within five business days after receipt.

(2) The agency shall provide the office of administrative hearings with the following information:

(a) The name of the agency contact in the matter and any contact information;

(b) The name of the appellant and any contact information, including address and telephone number;

(d) The name and address of the agency contact for billing purposes; and

(e) The name and address of the agency contact where the file should be sent after the office of administrative hearings closes the appeal.

(3) The agency shall transmit all appeals to the headquarters of the office of administrative hearings in Olympia, Washington.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-725, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-725, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-730 Procedures for hearing.

(1) The office of administrative hearings shall issue the notice of hearing to the appellant, the agency, and other bidders.

(2) Bidders may intervene as a party to the appeal if they file a petition for intervention with the office of administrative hearings and all parties within ten business days after the issuance of the notice of hearing. The administrative law judge may limit intervention under RCW 34.05.443.

(3) The administrative law judge may schedule a prehearing conference.

(4) Hearings shall be scheduled for the earliest possible date available for the administrative law judge that does not result in prejudice to the parties.

(5) The hearing shall be recorded electronically at the discretion of the administrative law judge unless specified otherwise in law or rule.

(6) No transcript is required unless specified otherwise in law or rule.

(7) In any appeal under this chapter, the administrative law judge shall apply the model rules of procedure set forth in chapter 10-08 WAC, irrespective of the provisions of WAC 10-08-001(4) or other agency procedural rules.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-730, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-730, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-735 Costs of hearing.

All costs incurred by the office of administrative hearings in conducting the hearing shall be borne by the agency, and the office of administrative hearings shall bill the agency for the hearing costs incurred. Each party is responsible for its own costs of representation.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-735, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-735, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-740 Burden of proof.

The burden of proof is on the appellant to prove by a preponderance of the evidence that the contract was not properly awarded.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-740, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-740, filed 3/17/04, effective 7/1/05.

Wash. Admin. Code § 200-320-745 Decision of the administrative law judge.

(1) If the administrative law judge finds against the appellant, the agency's decision to award stands.

(2) If the administrative law judge finds for the appellant, the administrative law judge shall:

(a) Remand back to the agency for reconsideration or action if the appeal was from an unsuccessful bidder with regard to the bid submittal and evaluation process;

(b) Remand back to the agency for reconsideration or action if the appeal was from a complainant with regard to their complaint; or

(c) Remand back to the agency to start the bidding process over if the appeal was from a displaced or potentially displaced employee with regard to:

(i) The statutory notice requirements of RCW 41.06.142 (4)(a); or

(ii) The determination of the existence of a competitive market as provided in RCW 41.06.142 (4)(d).

(3) The decision of the administrative law judge in any appeal under this chapter shall be considered a final order.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-320-745, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 41.06.142. WSR 04-07-104, § 236-51-745, filed 3/17/04, effective 7/1/05.

Chapter 200-330 Small works roster.

Wash. Admin. Code § 200-330-010 Purpose and authority.

The purpose of this chapter is to establish a model procedure for use by state agencies, local governments and the municipal research and services center when awarding contracts under the small works roster process established in RCW 39.04.151. Use of the model procedure by state agencies is required. Use of the model procedure by local governments and the municipal research and services center is discretionary. This chapter of the Washington Administrative Code is adopted pursuant to RCW 39.04.151(4), which authorizes the director of the department of enterprise services to adopt by rule procedures implementing RCW 39.04.151. The procedures set forth in this chapter shall be included in any rules providing for a small works roster that is adopted by another state agency.

History

Statutory Authority: RCW 39.04.155. WSR 24-07-090, § 200-330-010, filed 3/19/24, effective 7/1/24. Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-330-010, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-330-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 39.04.150. WSR 83-02-024 (Order 83-1), § 236-28-010, filed 12/29/82.

Wash. Admin. Code § 200-330-025 Definitions.

As used in this chapter the terms:

(1) "Contracting agency" means all agencies and political subdivisions of the state with public works contracting authority.

(2) "Independent roster" means a small works roster established by a contracting agency either by itself or with another contracting agency.

(3) "MRSC" means the municipal research and services center.

(4) "OMWBE" means the office of minority and women's business enterprises.

(5) "Publicly available" means published on a contracting agency's public website. If an agency does not support a public website, the agency must make printed copies of the material available at the reception area of its headquarters by having printed copies available at the office's reception desk or posted on a bulletin board available to the public at the office.

(6) "Public work" means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the contracting agency, or which is by law a lien or charge on any property therein. "Public work" does not include work, construction, alteration, repair, or improvement performed under contracts entered into under RCW 36.102.060(4) or under development agreements entered into under RCW 36.102.060(7) or leases entered into under RCW 36.102.060(8).

(7) "Statewide roster" means the statewide small works roster developed by the department of commerce through MRSC.

History

Statutory Authority: RCW 39.04.155. WSR 24-07-090, § 200-330-025, filed 3/19/24, effective 7/1/24.

Wash. Admin. Code § 200-330-035 General roster rules and procedures.

(1) Small works rosters. Contracting agencies may use the statewide roster or an independent roster when contracting for small works. Contracting agencies are encouraged to use the statewide roster to promote administrative efficiency for both contracting agencies and contractors.

(2) Requirements. The statewide roster and independent rosters must meet the requirements of RCW 39.04.151, 39.04.152, and this chapter including, but not limited to, the following:

(a) Roster inclusion. All qualified responsible, licensed contractors must be included on the roster at their request. MRSC and contracting agencies with independent rosters may implement an application process for contractors to be placed on the roster.

(b) Contact information. Contractors included on the roster must designate an official email to receive bids notifications from the contracting agency.

(c) Contractor recordkeeping. Contractors included on the roster must keep records of applicable licenses, certifications, registrations, bonding, and insurance as required by RCW 39.04.350. This information must be made available at the request of the contracting agency.

(d) Small and diverse business certification.

(i) At the time of a contractor's application to be included on a roster, the contractor must indicate its certification status with OMWBE and the department of veterans affairs.

(ii) MRSC and contracting agencies with independent rosters must be able to download data from OMWBE and the department of veterans affairs to obtain current information on contractor certifications at the time of solicitation.

History

Statutory Authority: RCW 39.04.155. WSR 24-07-090, § 200-330-035, filed 3/19/24, effective 7/1/24.

Wash. Admin. Code § 200-330-040 Small works competitive contracting.

(1) Small works bid process. In lieu of a formal public works bidding process, contracting agencies may use the following small works competitive contracting process to invite contractors from the small works roster to submit bids for small works contracts. To use the competitive contracting process, the contracting agency's estimate of the work must be equal to or less than the competitive contracting cost limit established in RCW 39.04.152 (4)(a), excluding sales tax.

(2) Requirements. Contracting agencies must meet the requirements of RCW 39.04.151, 39.04.152, and this chapter, when implementing a small works competitive contracting process, inclusive of, but not limited to, the following:

(a) Invitations to bid.

(i) Invitations to bid must include:

(A) Plans, specifications, and an estimate of the work sufficient to define the work and for the contractor to generate a bid; and

(B) A date and time for receipt of bids through the designated bidding system.

(ii) Contracting agencies must provide an invitation to bid to all contractors on the appropriate roster category associated with the work to be performed.

(b) Estimated cost. The contracting agency's estimate of the work must be equal to or under the cost limit specified in RCW 39.04.152 to solicit bids under competitive contracting process. The contracting agency may award contracts for more than this amount if the contract cost is not excessive or does not constitute a cardinal change. A general guideline is that 10 percent or less of the statutory bid limit will not constitute a cardinal change.

(c) Change orders. Change orders may be added to the contract amount at the discretion of the contracting agency if the change orders are necessary to complete the work described in the plans, specifications, and estimate, or do not constitute a cardinal change. Contracting agencies shall not use change orders to avoid the statutory bid limit for this type of solicitation.

(d) Retainage. Retainage may be waived or reduced by the contracting agency. If the contracting agency waives or reduces retainage, the waiver or reduction must be indicated in the invitation to bid at the time of solicitation, and the contracting agency assumes liability for any unpaid wages and taxes.

(e) Bid acceptance. Contracting agencies:

(i) Must accept written quotations or accept quotations through electronic methods such as electronic mail or an electronic bid system;

(ii) Shall not establish a formal bid opening; and

(iii) Must make bid tabs publicly available.

History

Statutory Authority: RCW 39.04.155. WSR 24-07-090, § 200-330-040, filed 3/19/24, effective 7/1/24.

Wash. Admin. Code § 200-330-050 Small works direct contracting.

(1) Direct contracting process. In lieu of a formal public works bidding process and the small works competitive contracting process provided in WAC 200-330-040, contracting agencies may enter into direct contracts with a contractor by soliciting a quote from a single selected contractor on the statewide roster or independent roster and negotiate a final price. Pursuant to the limits set forth in RCW 39.04.151 and 39.04.152, the direct contracting process may be used when the contracting agency's estimate for the work is equal to or less than the cost limit specified in RCW 39.04.152 (4)(b), excluding sales tax.

(2) Requirements. Contracting agencies must meet the requirements of RCW 39.04.151, 39.04.152, and this chapter, when implementing a small works direct contracting process, inclusive of, but not limited to, the following:

(a) Administrative efficiency. Direct contracting is intended to be a quick and administratively efficient process with a focus on promoting the use of small and diverse businesses. This is not a competitive solicitation.

(b) Diverse business utilization plan. Contracting agencies must establish a small, minority, women, and veteran-owned business utilization plan prior to using the direct contracting process.

(i) Contracting agencies must rotate direct contracting opportunities among the available contractors on the appropriate roster.

(ii) Contracting agencies must not favor certain contractors by repeatedly awarding contracts to contractors without documented attempts to directly contract with other contractors.

(iii) Contracting agencies must adopt a policy regarding how contract opportunities will be rotated to avoid favoritism in direct contracting. Contracting agencies must make this policy publicly available.

(iv) A contracting agency's rotation policy must, at a minimum, provide the following:

(A) Contractors that have been issued a contract under the direct contracting process must not be offered a future contract until all other contractors on the roster have received a solicitation for a quote through the direct contracting process; and

(B) Contracting agencies must consider nonresponsive solicitations and the inability to negotiate an agreed price in their rotation policy.

(d) Soliciting quotes.

(i) Solicitations for a quote under the direct contracting process must include the following:

(A) A description of the work to be performed sufficient for the contractor to develop a price;

(B) The date the contracting agency must receive the contractor's quote; and

(ii) When six or more contractors certified as public works small business enterprises by OMWBE are listed on the appropriate roster, the contracting agency must solicit a quote from a certified public works small business enterprise contractor on the roster in accordance with the agency's rotation policy.

(iii) When five or fewer contractors certified as public works small business enterprises by OMWBE are listed on the appropriate small works roster for this type of work, the contracting agency may solicit a quote from any contractor on the roster in accordance with the agency's rotation policy.

(e) Negotiated price.

(i) A contract price must be negotiated with a single selected contractor from the statewide or independent roster. The negotiated price should be based on the quote from the contractor and available project funds identified by the contracting agency.

(ii) If the contractor and the contracting agency cannot agree on a price, the agency may elect to end negotiations and move to the next contractor on the rotation in accordance with the agency's rotation policy.

(iii) Once a price is established and all other requirements are met, the contracting agency may proceed with award and execution of the contract.

(iv) Contracting agencies are prohibited from bid shopping using the direct contracting process. If the contracting agency and the next contractor on the rotation cannot agree on a contract price, the contracting agency must competitively bid the work under WAC 200-300-040, if the agency intends to proceed with the work.

(f) Notice of award. Contracting agencies must provide notice of a small works contract award to all other contractors on the appropriate roster of award.

(g) LNI portal. Contracting agencies are required to initiate the small works project using labor and industries' awarding agency portal when awarding a contract under the direct contracting process.

(h) Recordkeeping. Contracting agencies must keep documented records of their efforts under the direct contracting process, including records of the following:

(i) The contractors that the contracting agency solicited for the contract;

(ii) Whether the contractor responded to the solicitation;

(iii) Records of price negotiations;

(iv) The contracts that were awarded and to whom; and

(v) Records documenting the reasons a negotiated price could not be reached.

History

Statutory Authority: RCW 39.04.155. WSR 24-07-090, § 200-330-050, filed 3/19/24, effective 7/1/24.

Wash. Admin. Code § 200-330-060 Small works roster contracting templates.

The department of enterprise services will develop and make publicly available templates for bid invitations, bidding, and contracting using the direct contracting process for the use of all contracting agencies.

History

Statutory Authority: RCW 39.04.155. WSR 24-07-090, § 200-330-060, filed 3/19/24, effective 7/1/24.

Chapter 200-340 Suggested design and construction standards of sidewalk and curb ramps for the physically handicapped person without uniquely endangering the blind.

Wash. Admin. Code § 200-340-001 Purpose.

The purpose of this chapter is to provide several suggested model design, construction, and location standards to aid counties, cities, and towns in constructing curb ramps to allow reasonable access to the crosswalk for physically handicapped persons without uniquely endangering blind persons in accordance with chapter 137, Laws of 1977 ex. sess. (chapter 35.68 RCW).

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-001, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-001, filed 1/24/78.

Wash. Admin. Code § 200-340-005 Scope.

The design construction and location standards set forth in chapter 236-60 WAC are suggestions only, and must be read in conjunction with the requirements of RCW 35.68.075 and any applicable code.

If these suggested standards are followed they should be used as a guide and not as a substitute for engineering judgment based on the conditions existing at any particular location.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-005, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-005, filed 1/24/78.

Wash. Admin. Code § 200-340-010 Definition.

As used in this chapter, the following words shall have the following meanings:

(1) Handicapped pedestrian - A pedestrian, or person in a wheelchair, who has limited mobility, stamina, agility, reaction time, impaired vision or hearing, or who may have difficulty walking, with or without assistive devices.

(2) Curb ramp - An interruption in a curb with a ramp from roadway to walk which forms a part of the accessible route of travel, no part of which projects into the roadway. It includes a center ramp and two shoulder slopes.

(3) Center ramp - The sloped surface providing pedestrian access to the roadway.

(4) Shoulder slope - The sloped flared sides on each side of the center ramp, providing a gradual incline from the edge of the center ramp to the sidewalk.

(5) Landing - A level area at least as wide as and, as long as, the width (except as otherwise provided), and within or at a terminus of, a stair or ramp, but not less than 5"['] 0" in width.

(6) Main pedestrian path - The walkway used by the pedestrian traffic clear of utility poles, signs, and parking meters.

History

'] 0" in width.(6) Main pedestrian path - The walkway used by the pedestrian traffic clear of utility poles, signs, and parking meters.[Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-010, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-010, filed 1/24/78.

Wash. Admin. Code § 200-340-020 Design standards.

The following construction standards are applicable to all curb-ramps set forth in this chapter.

(1) The width of the center ramps shall be at least thirty-six inches.

(2) Shoulder slopes shall not exceed one inch in 6.

(3) The center ramp slope shall not exceed 1 in 12 and the cross slope shall not exceed 1 in 50.

(4) Curb ramps should contain a slip-resistant surface.

(5) The site of the curb ramp should be graded and drained to eliminate pooling of water or the accumulation of ice or water on the ramp, the ramp landing, or at the toe of the ramp.

(6) Handrails shall not be used at any point of access along the curb ramp.

(7) Curb ramps should be outside of the main pedestrian path.

(8) Whenever curb ramps are placed in the main flow of pedestrian traffic, the following standards prevail:

(a) Align with the direction of pedestrian traffic.

(b) Advance warning system.

(9) The curb ramp should be distinguished from surrounding surfaces either by color or texture.

(10) There should be no abrupt change in elevation to exceed 1/2 inch.

(11) A landing 5 feet x 5 feet should be located at top and bottom of every curb ramp.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-020, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-020, filed 1/24/78.

Wash. Admin. Code § 200-340-030 Advance warning system for the blind.

Whenever curb ramps are placed in the main flow of pedestrian traffic, an advance warning system is necessary in order to aid the blind. Warning materials should be adapted to local conditions. This texture should be in advance of a ramp curb. (See WAC 236-60-060.)

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-030, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-030, filed 1/24/78.

Wash. Admin. Code § 200-340-040 Types of suggested textures.

| Notes: | (a) | Type No. 1 is recommended for the center ramp surface. | | --- | --- | --- | | | (b) | These standards are not a substitute for engineering judgment. They provide design guidance. |

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-040, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-040, filed 1/24/78.

Wash. Admin. Code § 200-340-050 Curb ramp types.

The curb ramp depicted in WAC 236-60-060 is the suggested design for a typical curb ramp including warning system. The drawings contained in WAC 236-60-070, 236-60-080, and 236-60-090 show the suggested location for curb ramps in three different but typical curb situations. All of these drawings are guidelines and are intended to show design concept.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-050, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-050, filed 1/24/78.

Wash. Admin. Code § 200-340-060 Curb ramp typical.

The following is a design for a typical curb ramp:

| | | --- |

| (1) | Texturing of center ramp recommended, with metal grid placed in wet concrete and then removed to leave ridged surface pattern. Pattern not to exceed 1/2" width. | | --- | --- | | (2) | Advance warning strip (shown dotted), necessary when ramp is in direct line of main pedestrian path. |

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-060, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-060, filed 1/24/78.

Wash. Admin. Code § 200-340-070 Curb ramp—Type "A."

| | | --- |

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-070, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-070, filed 1/24/78.

Wash. Admin. Code § 200-340-080 Curb ramp—Type "B."

| | | --- |

| (1) | This curb ramp type can be used with the existing planting area or with the sidewalk extension into the parking area. | | --- | --- |

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-080, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-080, filed 1/24/78.

Wash. Admin. Code § 200-340-090 Curb ramp—Type "C."

| | | --- |

| | This curb ramp type is acceptable when utilities are a conflict and/or the street grade exceeds twenty-five to one (4%). | | --- | --- |

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-090, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-090, filed 1/24/78.

Wash. Admin. Code § 200-340-100 Factors to be considered.

Factors which should be considered by a city, town or county when deciding whether to follow or deviate from the design, surface textures and/or location standards set forth in this chapter include, but are not limited to, the following:

(1) Street alignments and curb configurations that are substantially different from the curb situations shown.

(2) An adjacent driveway or loading ramp.

(3) Unusual sidewalk textures in the vicinity.

(4) Steeper street grades.

(5) Utility vaults.

(6) Whether a different design or location would assist the handicapped pedestrian without uniquely endangering the blind.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-340-100, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 35.68.076. WSR 78-02-066 (Order 77-5), § 236-60-100, filed 1/24/78.

Chapter 200-360 Surplus property operations.

Wash. Admin. Code § 200-360-010 Surplus property disposal priorities.

Excess and/or surplus property will be offered for sale, transfer, or donation as designated below and according to the following priorities:

(1) Sale or transfer to state agencies (including state universities and colleges);

(2) Sale or transfer to other tax-supported educational agencies;

(3) Sale or transfer to tax-supported agencies, municipalities or political subdivisions within the state of Washington;

(4) Sale or transfer to public benefit nonprofit corporations;

(5) Donation of surplus, tangible personal property to qualified shelters as described in and in accordance with RCW 43.19.1920.

(6) Sale to the general public including by auction, sealed bid and negotiation; and

(7) Other action as needed, such as destruction where it has been determined that the item has no sale value.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-010, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.19 RCW. WSR 99-15-070, § 236-48-190, filed 7/19/99, effective 8/19/99. Statutory Authority: RCW 43.19.1919. WSR 94-22-056, § 236-48-190, filed 11/1/94, effective 12/2/94. Statutory Authority: RCW 43.19.1919 and HB 2106. WSR 92-09-016, § 236-48-190, filed 4/3/92, effective 5/4/92
Order 77-2, § 236-48-190, filed 1/28/77.

Wash. Admin. Code § 200-360-015 Surplus property—Exceptions to disposal priorities.

Excess and/or surplus property may be disposed of without offering to other state agencies if the director of enterprise services determines that it is in the best interest of the state. In this event, the following guidelines will apply:

(1) Items will be transferred or sold for reasonable cost if practical.

(2) Items for which a reasonable cost cannot be obtained will be donated to a nonprofit organization (which is registered under state law and exempt from federal income tax liability) with an ongoing equipment rehabilitation program.

(3) Recipients of donated items, if not designated by the director of enterprise services, will be determined by surplus property operations.

(4) Successful donees will be notified by surplus property operations and removal will be the responsibility of the donee.

(5) Items that can be documented to have a higher overhead cost than can be realized from their sale, can, at the discretion of the director of enterprise services, be scrapped or dumped if there is not an acceptable donee organization available.

(6) All surplus actions, including those described in the regulation, will require submittal of a property disposal request to enterprise services.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-360-015, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-015, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.1919. WSR 89-18-004 (Order 89-3), § 236-48-1901, filed 8/24/89, effective 9/24/89.

Wash. Admin. Code § 200-360-020 Surplus property—Intent of state surplus priorities.

Surplus property purchased, transferred or donated pursuant to the priorities of WAC 200-360-010 (1) through (5) is intended for the sole use of the purchaser, transferee or donee. Entities with priority under WAC 200-360-010 (1) through (5) shall not profit from the immediate resale of surplus property.

The director of enterprise services may take action against accounts in arrears or priority buyers who do not comply with the intent of this section. An account is in arrears when it is sixty days past due or ninety days past issuance of invoice. Such action includes, but is not limited to, cancellation or suspension of shopping privileges, cancellation or suspension of priority shopping status.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-360-020, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-020, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.1919. WSR 94-22-056, § 236-48-1902, filed 11/1/94, effective 12/2/94.

Wash. Admin. Code § 200-360-025 Surplus property auction.

Auctions shall be advertised to the general public, provisions being made for interested parties to inspect items either at the auction site or user's location.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-025, filed 11/17/11, effective 11/17/11
Order 77-2, § 236-48-191, filed 1/28/77.

Wash. Admin. Code § 200-360-030 Sealed bid—Surplus property.

Public notice shall be given of the sealed bid and the date set for public bid openings. In addition, information will be provided to interested parties describing the merchandise in question, together with an opportunity for inspection of the same.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-030, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.19 RCW. WSR 83-18-004 (Order 83-03), § 236-48-192, filed 8/26/83
Order 77-2, § 236-48-192, filed 1/28/77.

Wash. Admin. Code § 200-360-035 Negotiation—Surplus property.

Negotiation shall be the method of disposal whenever it is determined by the director that such procedure is the most advantageous to the state. The reasons for choosing negotiation shall be set forth in writing and placed in the file relating to the disposition.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-035, filed 11/17/11, effective 11/17/11
Order 77-2, § 236-48-193, filed 1/28/77.

Wash. Admin. Code § 200-360-040 Guarantee of quality, etc., state responsibility for—Surplus property.

All sales of surplus property are "as is," and the state takes no responsibility for and makes no guarantees with respect to items sold: Provided that the state shall make a statement of the condition of the merchandise, including major known defects, before sale. No sale shall be invalid due to defects discovered after sale which may have been discovered by a reasonable inspection of the property before sale.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-360-040, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-040, filed 11/17/11, effective 11/17/11
Order 77-2, § 236-48-194, filed 1/28/77.

Wash. Admin. Code § 200-360-045 Weight merchandise—Surplus property.

If the property to be disposed of is measured by weight, the successful bidder shall furnish to the custodian of the property, a certified weight ticket showing the gross tare and net weight of the shipment with a notation on the ticket of the driver on or off of the vehicle for each load. The empty and loaded weight ticket must bear the same date. Weighing shall take place at the certified public scale nearest to the point of pickup.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-045, filed 11/17/11, effective 11/17/11
Order 77-2, § 236-48-195, filed 1/28/77.

Wash. Admin. Code § 200-360-050 Removal—Surplus property.

Surplus property must be removed within a reasonable time after purchase, or if a specific time is stated, within that time.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-050, filed 11/17/11, effective 11/17/11
Order 77-2, § 236-48-196, filed 1/28/77.

Wash. Admin. Code § 200-360-055 Withdrawal from sale or rejection of bids—Surplus property.

The state may withdraw from sale the item(s) scheduled for disposal at any time prior to the formation of a contract. The state may also reject any or all bids if the best interests of the state so require.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-055, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 43.19 RCW. WSR 83-18-004 (Order 83-03), § 236-48-197, filed 8/26/83
Order 77-2, § 236-48-197, filed 1/28/77.

Wash. Admin. Code § 200-360-060 Sale of surplus property to state elected officials or employees.

Surplus property available for disposal under the provisions of RCW 43.19.1919 shall not be sold to state elected officials, officers or employees, except at public sale: Provided, however, An item valued at less than direct buy limit and declared surplus of a personal nature such as a chair, desk or bookcase, which in some way depicts or represents the office in which they have served, may be sold to an elected official after leaving office at private sale as used equipment: Provided further, That commissioned officers of the Washington state patrol or other statewide law enforcement activity retired for service or for nonmental or nonstress related disabilities may purchase his or her career service handgun at private sale as used equipment.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-360-060, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 43.19.190 and 43.19.1919. WSR 97-04-025, § 236-48-198, filed 1/28/97, effective 2/28/97. Statutory Authority: Chapter 43.19 RCW. WSR 91-09-035, § 236-48-198, filed 4/12/91, effective 5/13/91. Statutory Authority: RCW 43.19.190(11) and 43.17.060. WSR 90-16-075, § 236-48-198, filed 7/30/90, effective 8/30/90. Statutory Authority: Chapter 43.19 RCW. WSR 83-18-004 (Order 83-03), § 236-48-198, filed 8/26/83
Order 77-2, § 236-48-198, filed 1/28/77.

Chapter 200-380 Print management.

Wash. Admin. Code § 200-380-010 Purpose and authority.

RCW 43.19.742 requires the department to put in place rules and guidelines to improve the efficiency and minimize the costs of agency-based printing.

The requirements and definitions of this chapter are used by agencies in conjunction with the department's guidelines for managing print operations to:

(1) Improve efficiencies and minimize the costs of agency-based printing;

(2) Manage their printing operations, including both agency-based printing and those jobs that require services of a print shop; and

(3) Implement managed print strategies.

Additional requirements related to printing are found under RCW 43.19.733 through 43.19.757.

History

Statutory Authority: RCW 43.19.742. WSR 15-12-099, § 200-380-010, filed 6/2/15, effective 8/24/15.

Wash. Admin. Code § 200-380-020 Definitions.

For the purposes of this chapter, the definitions in this section apply unless the context clearly requires otherwise. Additional definitions are in RCW 39.26.010.

(1) "Agency-based printing" means an agency's internal printing, which does not require a private sector print shop or another state agency print shop.

(2) "Broker" means solicit and establish the acquisition of a range of services to account for differentiation of needs among state agencies.

(3) "Desktop printing" means the use of a desktop printer to complete a print job.

(4) "Digital printing" means a digital-based image transferred directly to a variety of media, usually liquid ink or toner based.

(5) "Managed print services (MPS)" are services offered by an external provider to optimize or manage an organization's document output to meet certain objectives; such as driving down costs, improving efficiency and productivity, or reducing the support workload.

The main components provided are needs assessment, selective or general replacement of scanning and document capture equipment, and the service, parts and supplies (excluding paper) needed to operate the new and/or existing equipment (including existing third-party equipment if this is required).

(a) Some current examples of services are:

(i) Tracking how the printer fleet is being used, the problems and the user satisfaction;

(ii) Analyzing the information gathered in the course of tracking printer usage and makes (or recommends to the customer) the adjustments needed not only to ensure fleet efficiency, but also to meet changing user needs;

(iii) Developing custom applications for smart multifunction products (MFPs) that automate paper-intensive document workflows and route scanned pages to document management systems;

(iv) Restructuring of document workflows;

(v) Improving document security; and

(vi) Reducing print volumes and power consumption for environmental reasons.

(b) Some current examples of equipment are:

(i) Multifunctional devices (MFDs);

(ii) Networked printers;

(iii) Nonnetworked printers;

(iv) Plotters;

(v) Desktop printers;

(vi) Scanners; and

(vii) Large format devices.

(6) "Guidelines for managing print operations" means a resource document provided by the department for agencies to use in order to identify and implement managed print strategies and other tools necessary to track, manage, and minimize agency-based printing.

(7) "MFD state contract" means a state master contract brokered by the department for use by agencies and other authorized users for the lease, rental, or purchase of an MFD or a fleet of MFDs.

(8) "Multifunctional device (MFD)" means a networked or nonnetworked digital printing device capable of any combination of the following functions:

(a) Printing;

(b) Copying;

(d) Faxing.

(9) "MPS state contract" means a state master contract brokered by the department for use by agencies and other authorized users for MPS. A MPS state contract allows agencies to choose the optimal combination of managed print services based on an agency's specific business needs.

(10) "Offset printing" means a printing technique where an inked image is offset by a plate or rubber blanket then transferred to a surface.

(11) "Print assessment" means an analysis of print services required to meet an agency's printing needs in the most efficient cost and effective manner.

(12) "Print management" means the overarching general term that applies to the management of all agency printing operations, including agency self-service and supplier generated printed material, services, and/or equipment.

(13) "Print services" means digital printing, quick copy, and offset printing including, but not limited to, printing done in a print shop.

(14) "Print shop" means a shop where printing is done, usually by an offset method where ink is applied to paper or other substrate.

(15) "Quick copy" means quick turnaround services for short-run printed materials.

History

Statutory Authority: RCW 43.19.742. WSR 15-12-099, § 200-380-020, filed 6/2/15, effective 8/24/15.

Wash. Admin. Code § 200-380-030 Agency requirements.

In order to fully implement the requirements of this chapter:

(1) Agencies must adopt agency wide policies, standards and procedures governing the management of their print operations.

(2) Agencies must determine baseline print costs using life cycle cost analysis as defined by RCW 39.26.010(15). Where applicable, agencies must include the costs of equipment relocation and redeployment.

History

Statutory Authority: RCW 43.19.742. WSR 21-22-031, § 200-380-030, filed 10/26/21, effective 11/26/21
WSR 15-12-099, § 200-380-030, filed 6/2/15, effective 8/24/15.

Chapter 200-500 State vehicle marking requirements and exceptions.

Wash. Admin. Code § 200-500-010 Promulgation.

The purpose of this chapter is to establish procedures for obtaining approval for the use of a distinctive departmental, office, agency, institutional or commission insignia in marking of state-owned or controlled vehicles and for permitting exceptions to the vehicle marking requirements.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-500-010, filed 11/17/11, effective 11/17/11
Order 75-8, § 236-20-010, filed 11/17/75.

Wash. Admin. Code § 200-500-020 Definitions.

Agencies—As used in this chapter, the word "agencies" includes state departments, offices, agencies, boards, commissions[,] or institutions financed in whole or in part by funds appropriated by the legislature.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 200-500-030 Approval of distinctive insignia.

Agencies may request approval of a distinctive insignia for use in lieu of the state seal in marking vehicles. A standard decal must include the words "State of Washington," agency's name and "for official use only." The request for approval shall be sent to the director of enterprise services. A scale drawing in color, or other example, shall accompany the request. The director or designee will approve or deny the request and notify the agency.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-500-030, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-500-030, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.065. WSR 99-18-029, § 236-20-030, filed 8/25/99, effective 9/25/99
Order 75-8, § 236-20-030, filed 11/17/75.

Wash. Admin. Code § 200-500-040 Exceptions to marking requirements.

(1) Requests for exceptions shall be forwarded to the director of enterprise services by the head of the agency owning or controlling the vehicle. Requests for exceptions normally will not be granted unless the vehicle is used more than 50% of the time for law enforcement, confidential public health work, public assistance fraud or support investigative purposes.

(2) Vehicles leased or rented on a casual basis for a period less than ninety days and not issued a state exempt license plate need not be marked.

(3) Vehicles issued confidential license plates under the provisions of section 2, chapter 169, Laws of 1975 1st ex. sess. and chapter 46.08 RCW, are exempt from marking requirements.

History

Statutory Authority: RCW 43.19.011, 43.19.620, 43.19.985, 43.19.742, 43.19.769, 39.26.080, 39.26.090, 39.26.251, 39.26.255, and 39.26.271. WSR 15-23-062, § 200-500-040, filed 11/13/15, effective 12/14/15. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-500-040, filed 11/17/11, effective 11/17/11. Statutory Authority: RCW 46.08.065. WSR 99-18-029, § 236-20-040, filed 8/25/99, effective 9/25/99
Order 75-8, § 236-20-040, filed 11/17/75.

Chapter 200-600 Employee training and development.

Wash. Admin. Code § 200-600-010 Who is responsible for employee training and development?

Employers, employees, and the department share the responsibility for employee training and development.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-600-010, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-195, § 357-34-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 200-600-015 What are the employer's training and development responsibilities?

Each employer is responsible for:

(1) Developing a training and development plan as prescribed by WAC 200-600-025; and

(2) Providing employee orientation, required job-related training, and assistance with career planning.

History

Statutory Authority: Chapter 43.19 RCW. WSR 14-21-102, § 200-600-015, filed 10/15/14, effective 11/15/14. Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-600-015, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-195, § 357-34-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 200-600-020 Can employers require employees to attend training?

Employers may require employees to attend training that is job-related, meets an identified employer need, and/or is required by state or federal law. Required attendance during and/or outside of working hours is considered time worked and must be compensated in accordance with the civil service rules.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-600-020, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-195, § 357-34-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 200-600-025 What are the requirements for the employer's training and development plan?

(1) The employer's training and development plan must be based on an assessment of the organization's employee training and development needs. The director or department may provide assistance to the employer in assessing the organization's need.

(2) The employer's training and development plan must state the employer's policies and objectives for employee training and development. The policies must address, at a minimum, the following:

(a) Identification of the position(s) responsible for employee training and development;

(b) Criteria for employee eligibility;

(d) Criteria for educational leave;

(e) Tuition reimbursement or fee waiver policy;

(f) Mandated training in accordance with state and federal regulations;

(g) Entry-level management/supervisory training;

(h) Assessment of employee training and development needs;

(i) Evaluation of the training and development programs; and

(j) Assignments for career development as described in WAC 357-34-050 and approval of such assignments by the employer's human resources office.

History

Statutory Authority: 2011 c 43. WSR 11-23-093, recodified as § 200-600-025, filed 11/17/11, effective 11/17/11. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-195, § 357-34-030, filed 12/21/04, effective 7/1/05.