Title 82 WAC — Financial Management, Office of

Chapter 82-04 Wage overpayment adjudicative hearings.

Wash. Admin. Code § 82-04-010 Appellant notice to request adjudicative hearing.

(1) Once the appellant has notified the agency that he or she wishes to appeal the agency's review decision, the agency shall transmit the appellant's application for an adjudicative proceeding (request for hearing) to the office of administrative hearings (OAH) within ten business days after receiving it from the appellant.

(2) In any wage overpayment matter that is appealed, the agency shall provide OAH 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;

(c) The name and address of the agency contact for billing purposes; and

(d) The name and address of the agency contact where the file should be sent after OAH closes the adjudicative proceeding.

(3) The agency shall transmit all requests for hearing to the following address: Office of Administrative Hearings, 919 Lakeridge Way SW, P.O. Box 42488, Olympia, WA 98504-2488; (360) 664-8717; fax (360) 664-8721.

History

• Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-010, filed 10/7/03, effective 11/7/03.

Wash. Admin. Code § 82-04-020 Agency transmissions to the office of administrative hearings.

Within ten business days of receipt of the appellant's request for hearing, the agency shall also transmit to OAH the relevant case file, including documents which the agency intends to use as exhibits in the hearing. The case file and documents may be transmitted to OAH together with the request for hearing. If the case file and documents are exceptionally voluminous, the agency should contact OAH for instructions before transmitting them.

History

• Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-020, filed 10/7/03, effective 11/7/03.

Wash. Admin. Code § 82-04-030 Adjudicative hearing process.

(1) It shall be the responsibility of OAH to issue the notice of hearing to the appellant and the agency.

(2) Either party may request a prehearing conference.

(3) The hearing shall be held telephonically unless the rights of the parties will be prejudiced thereby or at the discretion of the administrative law judge (ALJ).

(4) The hearing shall be recorded electronically and no transcript is required, unless specified otherwise in law or rule.

(5) In any adjudicative proceedings for wage overpayments, the ALJ shall apply the model rules of procedure, set forth in chapter 10-08 WAC, which shall govern the proceedings regardless of WAC 10-08-001(4) or other agency procedural rules to the contrary.

(6) All costs of the hearing shall be borne by the agency and OAH shall bill the agency for the hearing costs incurred.

History

• Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-030, filed 10/7/03, effective 11/7/03.

Wash. Admin. Code § 82-04-040 Adjudicative hearing requirements.

The ALJ shall hear the evidence presented by both the appellant and the agency regarding the wage overpayment. The ALJ shall decide based upon that evidence whether a wage overpayment has occurred and, if so, what amount appellant owes the agency. Recoupment of an overpayment shall be conducted pursuant to chapter 77, Laws of 2003 (Substitute House Bill 1738) and the ALJ shall not have authority to decide repayment issues.

History

• Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-040, filed 10/7/03, effective 11/7/03.

Wash. Admin. Code § 82-04-050 Adjudicative hearing decision.

The decision of the ALJ in any wage overpayment adjudicative proceeding shall be considered a final order.

History

• Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-050, filed 10/7/03, effective 11/7/03.

Wash. Admin. Code § 82-04-060 Good cause requirements.

(1) If a person with a right to an adjudicative proceeding under chapter 77, Laws of 2003, files a request for hearing after the period for doing so has passed, the person must show good cause why the request for hearing should be granted.

(2)(a) If the ALJ finds good cause for filing a late hearing request, the ALJ shall conduct a hearing on the merits.

(b) If the ALJ does not find good cause for filing a late hearing request, the agency's overpayment decision is deemed final and the agency shall proceed to collect the wage overpayment as provided in chapter 77, Laws of 2003.

(3) As used in this section, "good cause" means a substantial reason or legal justification for failing to file a request for an adjudicative proceeding within the time period mandated by statute.

History

• Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-060, filed 10/7/03, effective 11/7/03.

Wash. Admin. Code § 82-04-070 Exclusions to Administrative Procedure Act.

For purposes of adjudicative proceedings of state employee wage overpayments, the exclusions to the administrative procedure act found in RCW 34.05.030 do not apply.

History

• Statutory Authority: 2003 c 77. WSR 03-21-024, § 82-04-070, filed 10/7/03, effective 11/7/03.

Chapter 82-05 Petition process for adoption, repeal or amendment of an agency rule.

Wash. Admin. Code § 82-05-010 Purpose.

This chapter describes the requirements and process for petitioning an agency to adopt, repeal, or amend a rule under RCW 34.05.330.

History

• Statutory Authority: 1995 c 403 § 703. WSR 96-03-048, § 82-05-010, filed 1/12/96, effective 2/12/96.

Wash. Admin. Code § 82-05-020 What information must I include in a petition?

(1) Every petition for adoption, repeal, or amendment of a rule must include the following:

(a) The name of the agency responsible for administering the rule, and

(b) The rationale for adoption of a new rule or amendment or repeal of an existing rule.

(c) In addition to any other concerns, you, the petitioner, are encouraged to address whether:

(i) The rule is authorized

(ii) The rule is needed

(iii) The rule conflicts with or duplicates other federal, state, or local laws

(iv) Alternatives to the rule exist that will serve the same purpose at less cost

(v) The rule applies differently to public and private entities

(vi) The rule serves the purposes for which it was adopted

(vii) The rule imposes unreasonable costs

(viii) The rule is clearly and simply stated, and

(ix) The rule differs, without adequate justification, from a federal law which applies to the same activity or subject matter.

(2)

The petition should contain sufficient information so that the agency and public can understand the proposal.

(3) You, the petitioner, can obtain a standard petition form from the office of financial management or any state agency involved in rule making. Agencies must accept petitions submitted using the standard form or in any other format that provides the information described in (1) or (2) of this section.

History

• Statutory Authority: 1995 c 403 § 703. WSR 96-03-048, § 82-05-020, filed 1/12/96, effective 2/12/96.

Wash. Admin. Code § 82-05-030 How do I submit a petition?

(1) Petitions for adoption, repeal, or amendment of a rule must be sent to the rules coordinator of the agency responsible for administration of the rule.

(2) Submission of a petition is defined as receipt of the petition by the administering agency.

History

• Statutory Authority: 1995 c 403 § 703. WSR 96-03-048, § 82-05-030, filed 1/12/96, effective 2/12/96.

Wash. Admin. Code § 82-05-040 What happens after a petition is submitted?

(1) Within a reasonable time, the administering agency will send you, the petitioner, acknowledgement of receipt of the petition, including the name and telephone number of a contact person.

(2) No later than sixty days after receipt of a petition, the agency must either

(a) Initiate rule-making proceedings in accordance with chapter 34.05 RCW, or

(b) Deny the petition in writing, stating its reasons for the denial and specifically addressing the concerns stated in the petition. Where appropriate, the agency must indicate alternative means by which the agency will address the concerns raised in the petition.

History

• Statutory Authority: 1995 c 403 § 703. WSR 96-03-048, § 82-05-040, filed 1/12/96, effective 2/12/96.

Wash. Admin. Code § 82-05-050 How can I appeal agency denial of a petition?

(1) Within thirty days of the denial, you, the petitioner, may appeal the denial to the governor.

(2) The governor will process the appeal according to RCW 34.05.330(3).

History

• Statutory Authority: RCW 34.05.330. WSR 02-02-037, § 82-05-050, filed 12/26/01, effective 1/26/02. Statutory Authority: 1995 c 403 § 703. WSR 96-03-048, § 82-05-050, filed 1/12/96, effective 2/12/96.

Chapter 82-06 General provisions.

Wash. Admin. Code § 82-06-010 Waiver of interest on past due receivables.

(1) Under RCW 43.17. (section 2, chapter 85, Laws of 1991), state agencies may waive the mandatory one percent per month interest charge on past due receivables if any of the following criteria apply:

(a) It would not be cost effective to charge interest on an individual debt or a class of debts. This includes, but is not limited to, the following:

(i) Situations where the cost of charging interest is expected to exceed the amount of interest received;

(ii) Situations where the cost of developing systems to charge interest is expected to exceed the amount of interest received. The word "systems" in this context refers to both computer systems and general systems of managing and processing receivables.

(b) Late payment was caused by the state, such as by providing incorrect information or instructions, or by providing necessary forms and instructions too late for timely payment when the forms or instructions had been ordered timely.

(c) The delinquency was caused by the death or serious illness of:

(i) The person responsible for paying the debt; or

(ii) A person whose assistance was vital to the payment, such as the accountant; or

(iii) A person in the immediate family of a person in (i) or (ii) of this subsection.

(d) Payment was made on time, but to the wrong governmental agency.

(e) The delinquency was caused by the destruction by fire or other casualty of the debtor's place of business, home, or records.

(f) Late payment was caused by natural disasters, disruptions in postal or delivery service, power failures, work stoppages due to labor disputes, or any other cause resulting from circumstances clearly beyond the control of the debtor.

(g) The account is subject to good faith dispute when, before the date of timely payment, notice of the dispute is:

(i) Sent by certified mail; or

(ii) Personally delivered; or

(iii) Sent in accordance with procedures in the contract.

(h) The debt is for public assistance or food stamp overpayments to individuals, where the overpayments were not in whole or in part caused by the recipients.

(i) Late payment on the debt is the result of late payment by another payor, such as when a person damages state property but does not know the amount of his or her personal obligation to the state until the portion covered by the person's liability insurance is known.

(j) The charging of interest would damage international relations.

(2) Requests for waivers of interest under criteria in subsection (1)(b), (c), (d), (e), and (f) of this section must be in letter form, must contain all pertinent facts, must be accompanied by such proof as is available, and must be received by the department within sixty days of the incident. The burden of proving the facts is on the debtor.

Waivers under the remaining criteria in subsection (1) of this section must be documented for the purpose of audits by the state auditor's office.

(3) Each agency must apply the criteria in subsection (1) of this section consistently.

History

• Statutory Authority: 1991 c 85 § 2. WSR 91-18-028, § 82-06-010, filed 8/28/91, effective 9/29/91.

Chapter 82-10 Public funds cash flow.

Wash. Admin. Code § 82-10-010 Estimate of cash flow.

This rule is promulgated pursuant to RCW 43.41.110(13). The office of financial management (OFM) is the primary agency responsible to estimate the cash flow of the state general fund and accounts in the general fund. OFM has the responsibility to manage funds to enhance the cash flow position of the general fund and accounts in the general fund after consultation with any affected agency, council, commission, department or office.

History

• Statutory Authority: RCW 43.41.110(13). WSR 82-20-028 (Order 1982-1), § 82-10-010, filed 9/30/82.

Wash. Admin. Code § 82-10-020 Agency to provide information.

In order to carry out the provision of WAC 82-10-010, state agencies, councils, commissions, departments, or offices depositing, transferring or disbursing funds from the general fund or accounts in the general fund will provide such information as deemed necessary by OFM to estimate and manage the cash flow of the general fund.

History

• Statutory Authority: RCW 43.41.110(13). WSR 82-20-028 (Order 1982-1), § 82-10-020, filed 9/30/82.

Wash. Admin. Code § 82-10-030 Purview of state treasurer.

The state treasurer's office is the state agency responsible to oversee daily cash management operations of all treasury and trust funds in the state treasury. Where permitted by state law, this responsibility includes the monitoring and estimation of all funds in the treasury, the collection and processing of all receipts into the treasury, the issuance of payments and the investment of temporarily surplus funds.

History

• Statutory Authority: RCW 43.41.110(13). WSR 82-20-028 (Order 1982-1), § 82-10-030, filed 9/30/82.

Chapter 82-12 Payment of assessments against state-owned land.

Wash. Admin. Code § 82-12-001 Promulgation.

I, Warren A. Bishop, director of central budget agency of the state of Washington, by virtue of the authority vested in me under chapter 79.44 RCW, after due notice as provided under chapters 34.04 and 42.32 RCW, at a public hearing held in Olympia on December 4, 1964, do promulgate the following regulations.

History

• Order I, Promulgation, filed 12/7/64.

Wash. Admin. Code § 82-12-010 "Director," "agency head," defined.

For the purposes of these rules "the director" means the director of the central budget agency of the state of Washington. The chief administrative officer or the person or persons as charged by law with ultimate responsibility for administration of the agency of state government occupying, using or having jurisdiction over state-owned lands will be referred to as "agency head."

History

• Order I, Regulation 1, filed 12/7/64.

Wash. Admin. Code § 82-12-020 Notice of intention to make improvements.

Assessing district officials will submit a notice of intention to make improvements, together with an estimate of the amount to be charged to each lot, tract or parcel of land or other properties owned by the state to be assessed for such improvements, and such notice shall be forwarded by registered or certified mail to the director and to the agency head of state government occupying or having jurisdiction over such lands at least thirty days prior to the date fixed for the hearing of the resolution or petition initiating such improvements. In the case of irrigation districts where state lands are situated in or to be taken into an irrigation district, the commissioner of public lands shall be served with a copy of the petition proposing to include such lands as is prescribed by RCW 87.03.025.

History

• Order I, Regulation 2, filed 12/7/64.

Wash. Admin. Code § 82-12-030 Agency head to determine benefit and validity.

It shall be the responsibility of the agency head having jurisdiction over lands to be assessed, or his duly authorized representative, to appear for the state of Washington in all assessment district hearings or otherwise insure that proposed improvements will specially benefit state-owned lands, that the proposed costs are just and equitable, and that the improvement is within the intent of the statutes governing that land.

History

• Order I, Regulation 3, filed 12/7/64.

Wash. Admin. Code § 82-12-040 Exceptions and action based thereon.

If the agency head determines that the proposed improvements are not specially beneficial to state-owned lands or are not authorized by law or that the amount assessed against state-owned lands is not the just and equitable portion of the cost of the improvements which the state should pay as specified in WAC 82-12-030 and RCW 79.44.020, then it shall be his responsibility to initiate formal action commensurate with his exceptions to said improvements. The agency head shall immediately notify the assessing district and the director by registered or certified mail of his exceptions. When necessary, the agency head shall utilize all legal remedies available to property owners to challenge the amount or validity of any assessment.

History

• Order I, Regulation 4, filed 12/7/64.

Wash. Admin. Code § 82-12-050 Inclusion of proposed assessment in capital budget.

When a state agency is the sole or principal beneficiary of a local improvement district assessment, and has some voice in determining the timing of the project, it shall include the proposed assessments in its regular capital budget.

History

• Order I, Regulation 5, filed 12/7/64.

Wash. Admin. Code § 82-12-060 Statement of assessment—Delivery—Certification.

When an assessment roll has been approved and confirmed, the assessing district, or in the case of an irrigation district the county treasurer, shall forward the statement of assessment to the director and to the agency head. The agency head shall investigate the assessment and submit a certification to the director that:

(1) The assessment claim is correct and properly chargeable to the state;

(2) No funds were specifically appropriated to his agency or budgeted from local fund sources for payment of assessment claims, or that such funds have been expended;

(3) If interest is to be charged, that it is the same rate as for other property situated in the same assessing district:

(a) Statutory authority governing the interest rate charged will be referenced;

(b) Agency heads may request that such information be provided by the county treasurer submitting the assessment claim;

(4) It is a proper charge to the program(s) and fund(s) named, and the reasons therefor; and

(5) The certification statement shall identify the payee and the amount due.

History

• Order I, Regulation 6, filed 12/7/64.

Wash. Admin. Code § 82-12-070 Reimbursement to general fund.

In accordance with the provisions of section 2, chapter 21, Laws of 1963 ex. sess., or a similar section in subsequent appropriation bills, the director will reimburse the general fund for any assessment expenditures on behalf of an agency which is financed by other than general fund moneys, if any balance remains in the fund or funds which finance such agency, prior to the end of the state biennial fiscal period.

History

• Order I, Regulation 7, filed 12/7/64.

Wash. Admin. Code § 82-12-080 Basis for director's action in paying assessments.

The director's action in making payment of assessment or reimbursing the general fund for such payment will be based upon an analysis of statements (2), (3), and (4) of WAC 82-12-060. Agency determinations will be considered conclusive for statements (1) and (5).

History

• Order I, Regulation 8, filed 12/7/64.

Wash. Admin. Code § 82-12-090 Procedure for payment from appropriated or local funds.

The agency head of an agency that has available appropriated or local fund sources for the payment of assessment claims shall make such payments in accordance with the provisions of these regulations and the state budget and accounting procedures; and shall maintain such records as deemed necessary to provide certification to fulfill the requirements of chapter 79.44 RCW and these regulations.

History

• Order I, Regulation 9, filed 12/7/64.

Wash. Admin. Code § 82-12-100 Improvements in harbor areas and state tidelands.

Assessing districts shall not order local improvements that relate to the interest of the state in harbor areas and state tidelands until the written consent of the commissioner of public lands to the making of such improvements has been obtained; and/or the other conditions of RCW 79.44.040 have been complied with.

History

• Order I, Regulation 10, filed 12/7/64.

Wash. Admin. Code § 82-12-110 Liens and sales for unpaid assessments.

No lands of the state shall be subject to a lien for unpaid assessments, nor shall the interest of the state in any land be sold for unpaid assessments where assessment liens were attached to the lands prior to state ownership.

History

• Order I, Regulation 11, filed 12/7/64.

Wash. Admin. Code § 82-12-120 Additional records to provide supporting information.

The director may direct assessing districts and state agencies to maintain additional records to provide supporting information to fulfill the procedural requirements of certification as promulgated by this order.

History

• Order I, Regulation 12, filed 12/7/64.

Chapter 82-20 Electronic acceptance and disbursement of funds.

Wash. Admin. Code § 82-20-010 Purpose.

The rules adopted in chapter 82-20 WAC further define and clarify the application of RCW 43.41.180, which authorizes the office of financial management to approve the use of electronic and other technological means to transfer funds whenever economically feasible.

History

• Statutory Authority: RCW 43.41.180 and 43.41.110(14). WSR 05-24-062, § 82-20-010, filed 12/2/05, effective 1/3/06. Statutory Authority: RCW 43.08.085. WSR 82-05-030 (Order 53), § 82-20-010, filed 2/11/82.

Wash. Admin. Code § 82-20-025 Definitions.

The following definitions apply throughout this chapter unless the context clearly indicates other meaning:

(1) "Agency" means and includes every state agency, office, board, commission, department, state institution, or state institution of higher education, which includes all state universities, regional universities, and community and technical colleges.

(2) An "economic feasibility study" is a package of information that includes a cover letter, a business case and analytical information. It documents the cost/benefit analysis of an agency's proposed electronic payment project and demonstrates the net benefit of the proposed project.

(3) "Economic feasibility" and "economically feasible" mean that over a reasonable period of time, an application's cumulative benefits outweigh or are equivalent to the application's cumulative costs.

(4) "Electronic and other technological means" and "electronic payments" include, but are not limited to, credit cards, debit cards, electronic fund transfers utilizing the automated clearing house network, electronic benefit transfers, wire transfers, lock boxes, electronic checks, smart cards, and stored value cards.

(5) "Financial institution" means any state or federally chartered commercial bank, trust company, mutual savings bank, savings and loan association, or credit union.

(6) "Funds" means any moneys either received or disbursed by a state agency, and applies to all cash types including treasury funds, treasury trust funds, and local funds.

History

• Statutory Authority: RCW 43.41.180 and 43.41.110(14). WSR 05-24-062, § 82-20-025, filed 12/2/05, effective 1/3/06.

Wash. Admin. Code § 82-20-035 Is an economic feasibility study required?

In order for the office of financial management to determine whether or not an application is economically feasible, agencies are required to prepare and submit an economic feasibility study for approval. Agencies must file an economic feasibility study for all new applications to accept or disburse funds by electronic and other technological means and the application must be approved by the office of financial management prior to implementation. This applies to both pilot and permanent applications, and includes, but is not limited to, internet and retail applications. An economic feasibility study is also required for expansions to existing applications. The office of financial management can grant exceptions to the requirement to file an economic feasibility study, for example:

(1) Very small applications and limited expansions to existing approved electronic payment processes may only require a cover letter that incorporates the business case and analytical information. The office of financial management should be contacted to determine if this is an option for a particular application.

(2) Electronic funds transfers into treasury or treasury trust accounts through the automated clearing house network may only require a cover letter to be submitted to the office of financial management that incorporates the business case and analytical information. The office of financial management and the office of the state treasurer should be contacted to determine if this is an option for a particular application.

(3) Applications involving electronic transfers that are limited to information only do not require an economic feasibility study to be submitted. These would include, but are not limited to, bill presentment, employee earnings statements, and remittance advices.

(4) Wire transfers are usually needed immediately and are singular in nature, therefore they do not require an economic feasibility study. However, the agency must work with the office of the state treasurer to ensure that there is not a less expensive alternative available.

History

• Statutory Authority: RCW 43.41.180 and 43.41.110(14). WSR 05-24-062, § 82-20-035, filed 12/2/05, effective 1/3/06.

Wash. Admin. Code § 82-20-045 Agency requirements.

(1) The agency is to establish controls to prevent loss of funds. Controls are to include a positive system of validating the amounts to be transferred and verifying that the amounts to be transferred for a recipient are actually due for goods or services received, work performed, benefits due or other purpose as authorized by law.

(2) The agency is to comply with state administrative and accounting policies established by the office of financial management.

(3) The agency is to work with the office of the state treasurer regarding the banking arrangements related to accepting or disbursing funds via electronic and other technological means.

History

• Statutory Authority: RCW 43.41.180 and 43.41.110(14). WSR 05-24-062, § 82-20-045, filed 12/2/05, effective 1/3/06.

Wash. Admin. Code § 82-20-050 Financial institution requirements.

Each participating financial institution is responsible for adherence to federal and state statutes and regulations related to the transfer of funds via electronic and other technological means. The state reserves the right to refuse to do business with any financial institution that fails to comply with federal and state statutes and regulations related to the transfer of funds via electronic and other technological means.

History

• Statutory Authority: RCW 43.41.180 and 43.41.110(14). WSR 05-24-062, § 82-20-050, filed 12/2/05, effective 1/3/06. Statutory Authority: RCW 43.08.085. WSR 82-05-030 (Order 53), § 82-20-050, filed 2/11/82.

Chapter 82-30 County indigent defense costs.

Wash. Admin. Code § 82-30-010 Purpose.

It is the purpose of this chapter to identify the procedures for reimbursing counties for the cost of legal defense services provided indigent offenders detained solely for violating a condition of postrelease supervision.

History

• Statutory Authority: RCW 9.94A.175. WSR 90-12-009 (Order 90-71), § 82-30-010, filed 5/25/90, effective 6/25/90.

Wash. Admin. Code § 82-30-020 Definitions.

As used in this chapter, the following words shall have the following meanings:

(1) "Department" shall mean the department of corrections.

(2) "Secretary" shall mean the secretary of the department of corrections or the secretary's designee.

(3) "Director" shall mean the director of the office of financial management or the director's designee.

(4) "Offender" shall mean a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110.

(5) "Indigent" shall have the same meaning as set forth in chapter 10.101 RCW.

History

• Statutory Authority: RCW 9.94A.175. WSR 90-12-009 (Order 90-71), § 82-30-020, filed 5/25/90, effective 6/25/90.

Wash. Admin. Code § 82-30-030 Request for reimbursement.

(1) A county requesting reimbursement, under this chapter, of costs incurred in the legal defense of an indigent offender must have adopted standards for the delivery of public defense services pursuant to chapter 10.101 RCW. The county shall submit to the department a copy of such standards or an affidavit swearing that such standards have been adopted.

(2) The county shall submit to the department with its request for reimbursement an affidavit swearing that the offender has been determined by the court to be indigent pursuant to chapter 10.101 RCW.

(3) The county shall submit documentation on such forms as may be prescribed by the department indicating the offender's name, the dates service was provided, and the amount of reimbursement requested.

(4) All requests for reimbursement and required documentation shall be filed with the Administrator, Office of Contracts and Regulations, Department of Corrections, P.O. Box 9699, Olympia, Washington 98504.

(5) All such requests should be filed within thirty days after the costs for which reimbursement is requested were incurred, but in no event later than ten days after the close of the state fiscal biennium during which such costs were incurred.

History

• Statutory Authority: RCW 9.94A.175. WSR 90-12-009 (Order 90-71), § 82-30-030, filed 5/25/90, effective 6/25/90.

Wash. Admin. Code § 82-30-040 Reimbursement rates.

(1) Reimbursement shall be restricted to fully documented defense costs for indigent offenders.

(2) The director shall set the rate of reimbursement based on the average per case cost of all county indigent defense costs. The director shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of contribution by the indigent offender receiving the services.

History

• Statutory Authority: RCW 9.94A.175. WSR 90-12-009 (Order 90-71), § 82-30-040, filed 5/25/90, effective 6/25/90.

Wash. Admin. Code § 82-30-050 Department financial responsibility.

(1) Defense costs of any county in connection with hearings conducted pursuant to RCW 9.94A.175 for offenders who are detained by the county solely for violating a condition of postrelease supervision shall be the financial responsibility of the department and shall be reimbursed by the department in accordance with this chapter upon receipt and verification by the department of the county's request.

(2) Such reimbursement shall be made to the extent funds allotted by the department for such purpose are available. If the costs of reimbursement to counties exceed the available funds, the secretary shall request the legislature to appropriate additional funds to enable the department to make full reimbursement.

History

• Statutory Authority: RCW 9.94A.175. WSR 90-12-009 (Order 90-71), § 82-30-050, filed 5/25/90, effective 6/25/90.

Wash. Admin. Code § 82-30-060 Implied consent to audit.

By submitting a request for reimbursement under this chapter, the requesting county agrees to maintain for a period of five years after the date of the request records which would support such request, and to make such records available for review or audit by the department or the director.

History

• Statutory Authority: RCW 9.94A.175. WSR 90-12-009 (Order 90-71), § 82-30-060, filed 5/25/90, effective 6/25/90.

Chapter 82-32 Investment of retained percentages on state contracts for public works.

Wash. Admin. Code § 82-32-010 Contractor's option regarding retained percentages.

On all contracts for public improvements or work for which retained percentages are required to be reserved under the provisions of RCW 60.28.010, state agencies shall require the contractor to exercise his option in writing on whether or not moneys reserved from amounts due the contractor shall be retained by the public body, deposited by the public body in an interest bearing account in a bank, mutual savings bank, or savings and loan association, or placed in escrow by the public body. State agencies shall prescribe a procedure for informing the contractor of the options available and the method for exercising the option selected. Said option must be exercised prior to or at time of submission of invoices for the first progress payment to be made under the contract. No progress payment shall be made until the contractor has exercised his option in writing.

History

• Order 33, § 82-32-010, filed 7/19/76
• Order 12, § 82-32-010, filed 10/28/70.

Wash. Admin. Code § 82-32-020 Change of election under options.

If, during the course of work under a contract for public improvements or work for which amounts are required to be reserved under RCW 60.28.010, the contract completion date is changed, and said change will work an undue hardship upon the contractor when compared to the increased costs to the state agency if a change in election is allowed, said agency may, in its discretion, allow the contractor to change his election under the available options.

History

• Order 33, § 82-32-020, filed 7/19/76
• Order 12, § 82-32-020, filed 10/28/70.

Wash. Admin. Code § 82-32-030 Selection of escrow agent.

When an election is made to place amounts reserved under chapter 38, Laws of 1970 1st ex. sess. (RCW 60.28.010), in escrow, the contractor and the agency shall select a bank or trust company, agreeable to both, to act as an escrow agent.

History

• Order 12, § 82-32-030, filed 10/28/70.

Wash. Admin. Code § 82-32-040 Escrow agreement.

When an election is made to place amounts reserved under chapter 38, Laws of 1970 1st ex. sess. (RCW 60.28.010), in escrow, the state agency jointly with the contractor and the escrow agent shall execute an escrow agreement according to Form A-39, Budget and Accounting Manual, or some other form approved by the attorney general's office. A copy of the completed escrow agreement shall be provided to the escrow agent, the contractor and the state agency prior to the time the first progress payment is made.

History

• Order 12, § 82-32-040, filed 10/28/70.

Wash. Admin. Code § 82-32-050 Escrow costs and fees.

The escrow agreement executed pursuant to chapter 38, Laws of 1970 1st ex. sess. (RCW 60.28.010), in addition to other requirements, must provide for payment of all escrow costs and fees by the contractor.

History

• Order 12, § 82-32-050, filed 10/28/70.

Wash. Admin. Code § 82-32-060 Escrow investments.

The escrow agent holding funds pursuant to chapter 38, Laws of 1970 1st ex. sess. (RCW 60.28.010), shall invest such funds in bonds and securities selected by the contractor and approved by the state agency. In approving investments, the state agency shall consider the probable safety of the investments, and their liquidity. The agency may approve investments in the following bonds and securities:

(1) Bills, certificates, notes or bonds of the United States;

(2) Other obligations of the United States or its agencies;

(3) Obligations of any corporation wholly owned by the government of the United States;

(4) Indebtedness of the Federal National Mortgage Association; and

(5) Time deposits in commercial banks, mutual savings banks or savings and loan associations.

Other bonds or securities may be approved by the agency providing that it has the staff assistance and expertise which will permit it to exercise sound judgment in assessing the probable safety and liquidity of such investments. In no event shall the state agency approve of investments in stock of any company, association or corporation. In all cases, including those enumerated above, the investments selected must mature on or prior to the date set for completion of the contract, including extensions thereof or thirty days following the final acceptance of said improvement or work as completed.

History

• Order 12, § 82-32-060, filed 10/28/70.

Wash. Admin. Code § 82-32-070 Selection of an interest bearing account.

When an election is made to deposit amounts reserved under RCW 60.28.010, in an interest bearing account in a bank, mutual savings bank, or savings and loan association, the contractor and the agency shall select an institution agreeable to both. Any bank selected must be a qualified public depository under RCW 39.58.010. Deposits in mutual savings banks are subject to RCW 32.12.100 and deposits in savings and loan associations to RCW 33.52.010.

History

• Order 33, § 82-32-070, filed 7/19/76.

Wash. Admin. Code § 82-32-080 Withdrawal of interest bearing account.

Deposits made pursuant to WAC 82-32-070 shall be in the name of the agency and cannot be withdrawn without the agency's written authorization. The amounts deposited shall not be subject to withdrawal until after final acceptance of said improvement or work as completed, or until agreed to by both parties. In no case shall the agency allow withdrawal unless the conditions of RCW 60.28.020 are met.

History

• Order 33, § 82-32-080, filed 7/19/76.

Wash. Admin. Code § 82-32-090 Distribution of interest.

Interest earned on deposits made pursuant to WAC 82-32-070 shall be paid to the contractor as said interest becomes payable under the terms of the deposit. The agency shall notify the institution to withhold all further payments of interest in the event claims are filed against the contractor. After such notice all unpaid interest shall be subject to the conditions of RCW 60.08.020. The account shall be appropriately noted by the bank, savings bank or savings and loan association to enable that institution to report interest payments made to the contractor to the Internal Revenue Service in the proper format.

History

• Order 33, § 82-32-090, filed 7/19/76.

Chapter 82-48 Disclosure of public records.

Wash. Admin. Code § 82-48-010 Purpose.

The purpose of this chapter is to provide rules for the office of financial management to implement the provisions of chapter 42.56 RCW relating to public records.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-010, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-010, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-010, filed 9/16/76.

Wash. Admin. Code § 82-48-020 Definitions.

The definitions set forth in RCW 42.56.010 shall apply to this chapter.

(1) "OFM" or agency means the office of financial management. Where appropriate, OFM or agency also refers to the staff and employees of the office of financial management.

(2) "Director" means the director of the office of financial management.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-020, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-020, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-020, filed 9/16/76.

Wash. Admin. Code § 82-48-030 Description of the office of financial management.

OFM is the state agency having decision-making and operational responsibilities for the financial, management, and human resources affairs of state government in accordance with chapters 43.41 and 43.88 RCW. It is organized into a budget division, an accounting division, a state human resources division, and a forecasting and research division along with other divisions which support and augment these activities. OFM also provides administrative support for the governor's policy office, results Washington, serve Washington, and the office of regulatory and innovation assistance. OFM's central office is located at 302 Sid Snyder Avenue S.W. (Insurance Building on the Washington state capitol campus), Olympia, Washington. OFM has other offices also located in Olympia at 128 10th Avenue S. (the Raad building); 106 11th Avenue S.W. (the Helen Sommers building); and 1011 Plum Street S.E., Building 4.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-030, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-030, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-030, filed 9/16/76.

Wash. Admin. Code § 82-48-040 Responsibilities.

The responsibilities of OFM include preparation of the governor's budget for presentation to the legislature and budget implementation monitoring, development and maintenance of the statewide financial and administrative systems central books of account, preparation of statewide financial reports, as well as budget and policy research and development of legislation to support the governor's policy goals. OFM also provides technical assistance to the governor and legislature by preparing notes and recommendations, based on information it has obtained, concerning needs and policies recommended for meeting these needs through state programs. In addition, OFM provides population estimates, monitors changes in the state economy and labor force, and plays a critical role in statewide human resources and public employee labor management relations. Finally, the Revised Code of Washington contains statutes that assign specific duties of an advisory, supervisory, regulatory or similar nature to the agency. All of these relate either directly or indirectly to the financial affairs of the state and its agencies.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-040, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-040, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-040, filed 9/16/76.

Wash. Admin. Code § 82-48-050 Method of operation.

In carrying out its responsibilities, OFM receives information about the management and operation of state agencies and their programs. This information includes, but is not limited to: Budget proposals, short and long-range goals and the plans developed to meet them, present and projected workloads, capital and operating resource requirements, detailed and summary reports of current expenditures, financial commitments, etc. This information is obtained both on a routine basis and in response to requests from the executive and legislative branches. It is recorded and evaluated by OFM and becomes the basis for reports, recommendations, approval of expenditures and, in certain cases, for the establishment of firm criteria for the disbursement of state funds.

In obtaining the necessary data to perform these functions, OFM employs numerous methods of communication including, but not limited to: Reports submitted by state agencies, meetings with agency representatives, memoranda and informal contacts between its personnel and that of respondent agencies.

When necessary for the timely and uniform execution of its duties, OFM exercises its statutory power to place standardized reporting requirements upon other agencies of state government.

OFM has published and currently maintains the State Administrative and Accounting Manual, which contains policies and guidance for state agencies in fiscally related matters.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-050, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-050, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-050, filed 9/16/76.

Wash. Admin. Code § 82-48-060 Public records available.

All public records of this agency, as defined in RCW 42.56.010, are available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.56 RCW, any other laws and these rules.

OFM's records are also available on the OFM website at http://ofm.wa.gov. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-060, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-060, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-060, filed 9/16/76.

Wash. Admin. Code § 82-48-080 Public records officer.

The public records officer is appointed by the director and shall be in charge of the agency's public records. The public records officer is located in the office of the director. Any person wishing to request access to public records of OFM, or seeking assistance in making such a request, should contact OFM's public records officer:

Public Records Officer

Office of Financial Management

302 Sid Snyder Avenue S.W.

P.O. Box 43113

Olympia, WA 98504-3113

publicdisclosure@ofm.wa.gov

Information is also available at OFM's website at http://www.ofm.wa.gov/publicrecords/default.asp.

The public records officer shall be responsible for implementation of the agency's rules regarding release of public records for inspection and copying, coordinating the staff of the agency in this regard, and generally ensuring compliance by the staff with the public records disclosure requirements of chapter 42.56 RCW. The public records officer may choose a designee, as may be necessary, to act in his or her absence to carry out the above-described responsibilities.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-080, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-080, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-080, filed 9/16/76.

Wash. Admin. Code § 82-48-090 Processing of public records requests—General.

(1) Making a request for public records.

(a) Any person wishing to inspect or copy public records of OFM should make the request by email to publicdisclosure@ofm.wa.gov, or in writing on OFM's request form, available at http://ofm.wa.gov/publicrecords/default.asp, or by letter or fax addressed to the public records officer and including the following information:

• Name of requestor;

• Address of requestor;

• Other contact information, including email address and telephone number;

• The date of the request; and

• Identification of the public records. Records must be sufficiently described so that OFM may identify the record. A request for all or substantially all the agency's records is not a request for an identifiable record.

(b) The public records officer may accept requests for public records that contain the above information by telephone or in person. If the public records officer accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing to the requestor.

(2) Acknowledging receipt of request. Within five business days after the day the request is received, the public records officer will do one or more of the following:

(a) Provide the requested record or a link to the record online;

(b) Provide a reasonable estimate of when records will be available;

(c) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor; or

(d) Deny the request.

(3) Notification of other affected parties. In the event that the requested records name or specifically pertain to a person, or contain information that may affect the rights of others, the public records officer may, prior to providing the records, give notice to such others who are named, to whom the records pertain, or whose rights may be affected by the disclosure. The purpose of such notice is both to make persons named in a record aware that such information is being released and to make it possible for those persons, should they choose to do so, to seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(4) Records exempt from disclosure. By law, some records are exempt or prohibited from disclosure, in whole or in part. If OFM determines that a record or part of a record is exempt or prohibited from disclosure and should be withheld, the public records officer will deny the request as to that record or portion of the record, and will identify the withheld record in general terms, state the specific exemption authorizing the withholding of the record or portion of the record, and provide a brief explanation of how the exemption applies to the record or portion of the record being withheld.

(5) Providing copies of records. Public records requested will be made available as promptly as is possible without excessive interference with the other essential functions of the agency, and in accordance with the requirement that agencies protect the requested records from damage or disorganization.

(6) Providing records in installments. When the request is for a large number of records, or if the records require substantial legal review to determine whether any exemptions apply, the public records officer may provide copies of the records in installments.

(7) Completion of request. When all requested copies of records are provided, the public records officer will indicate in writing that OFM has fulfilled its duties under the Public Records Act, and that the request is closed.

(8) Closing withdrawn or abandoned request. When the requestor withdraws the request or fails within thirty days to claim or review records or to pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that OFM has closed the request.

(9) Later discovered documents. If, after OFM has informed the requestor that it has provided all available records, it becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them, at no charge, on an expedited basis.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-090, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-090, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-090, filed 9/16/76.

Wash. Admin. Code § 82-48-100 Processing of public records requests—Inspection of public records.

(1) Requesting inspection of records. The process for requesting inspection of public records is the same as for requesting copies of public records.

(2) Providing records for inspection.

(a) Public records will be available for inspection and copying only during normal business hours of OFM, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays, and when staff are available to assist the requestor. Records must be inspected at the offices of OFM.

(b) Consistent with other demands, OFM shall endeavor to promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. Inspections will be conducted in accordance with the requirement that agencies protect the requested records from damage or disorganization. The requestor will indicate which, if any, documents he or she wishes the agency to copy.

(c) The requestor must claim or review the assembled records within thirty days of OFM's notification to him or her that the records are available for inspection or copying. If a requestor fails to claim or review the assembled records within thirty days, the public records officer will close the request and indicate to the requestor that OFM has closed the request.

(d) When the request is for a large number of records, the public records officer may provide access for inspection in installments.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-100, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-100, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-100, filed 9/16/76.

Wash. Admin. Code § 82-48-110 Costs of providing copies of public records.

(1) Costs of copying. OFM may charge a customized service charge, as permitted by law, for compiling or providing access to certain public records. OFM charges a fee for the copying of public records, including electronic records, as permitted by law. OFM has determined that calculating the actual costs of providing copies of records is unduly burdensome for the following reasons: (a) OFM does not have the resources to conduct a study to accurately determine the actual costs of such staff time; and (b) conducting such a study would interfere with other essential agency functions. Therefore, rather than charging the actual costs of copying paper and electronic records, OFM may charge the fees permitted by law. OFM may waive fees in accordance with its fee waiver schedule, published online at OFM's website at http://www.ofm.wa.gov/publicrecords/default.asp.

Before making copies, the public records officer may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. Where records are provided on an installment basis, the public records officer may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment.

(2) Actual costs of electronic storage media and mailing. OFM may charge actual costs of mailing public records, including the cost of the shipping container. Requestors who request a specific type of postal service, such as return receipt requested, will be charged accordingly. In addition, when OFM determines that it is in its best interest to confirm that the requestor has received the records, OFM may charge the requestor for return receipt requested. OFM may also charge actual costs for providing electronic storage media such as discs or USB thumb drives.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-110, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-110, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-110, filed 9/16/76.

Wash. Admin. Code § 82-48-120 Commercial purposes.

No provisions of any rule contained in this chapter 82-48 WAC shall be construed as giving authority to any officer or OFM employee to give, sell, or provide access to lists of individuals requested for commercial purposes. If a list of individuals is included in the materials requested, OFM 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 OFM has some indication that a requested list of individuals might be used for commercial purposes, OFM will investigate the request further. OFM 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 OFM. When OFM determines further investigation is necessary, OFM will require requestors to identify the purpose of their request.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-120, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-120, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-120, filed 9/16/76.

Wash. Admin. Code § 82-48-140 Exemptions—Court protection.

OFM shall determine whether a public record or portion of a public record requested in accordance with the procedures outlined in chapter 82-48 WAC is exempt or prohibited from disclosure under the provisions of chapter 42.56 RCW or other applicable laws.

In addition, pursuant to RCW 42.56.070, OFM shall delete identifying details when it makes available any public record in cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.56 RCW.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-140, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-140, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-140, filed 9/16/76.

Wash. Admin. Code § 82-48-150 Review of denial of public records request.

Upon denial of any request for public records, the requesting party may petition in writing (including email) to the director, with a copy to the public records officer, for review of such denial. The director or his or her designee shall review the denial and provide the results of such review in writing to the petitioner and the public records officer before the end of the second business day following the receipt of the request for review. This review will constitute final agency action for purposes of judicial review; however, under RCW 42.56.520, any person may seek judicial review upon the conclusion of two business days after the initial denial regardless of whether the internal agency review is complete.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-150, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-150, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-150, filed 9/16/76.

Wash. Admin. Code § 82-48-160 Records index.

The office of financial management will maintain and make available for public inspection and copying an appropriate index in accordance with RCW 42.56.070.

History

• Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120, 42.56.520 and 2017 c 304. WSR 18-09-018, § 82-48-160, filed 4/10/18, effective 5/11/18. Statutory Authority: RCW 42.17.260. WSR 05-01-004, § 82-48-160, filed 12/1/04, effective 1/2/05
• Order 34, § 82-48-160, filed 9/16/76.

Chapter 82-50 Pay dates for state employees.

Wash. Admin. Code § 82-50-011 Purpose.

The purpose of this chapter is to implement RCW 42.16.010(1) which mandates the director of the office of financial management to establish pay dates through the administrative hearing process. The chapter establishes pay dates, exceptions to the mandatory pay dates, and a mechanism whereby exceptions may be terminated.

History

• Statutory Authority: RCW 42.16.010 and 42.16.017. WSR 83-17-118 (Order 83-59), § 82-50-011, filed 8/24/83.

Wash. Admin. Code § 82-50-021 Official lagged, semimonthly pay dates established.

Unless exempted otherwise under the provisions of WAC 82-50-031, the salaries of all state officers and employees are paid on a lagged, semimonthly basis for the official twice-a-month pay periods established in RCW 42.16.010(1). The following are the official lagged, semimonthly pay dates for calendar years 2026 and 2027:

History

• Statutory Authority: RCW 42.16.010(1) and 42.16.017. WSR 26-12-005, s 82-50-021, filed 5/21/26, effective 6/21/26
• WSR 25-11-040, s 82-50-021, filed 5/14/25, effective 6/14/25
• WSR 24-11-046, § 82-50-021, filed 5/9/24, effective 6/9/24
• WSR 23-11-162, § 82-50-021, filed 5/24/23, effective 6/24/23
• WSR 22-15-018, § 82-50-021, filed 7/11/22, effective 8/11/22
• WSR 21-16-019, § 82-50-021, filed 7/23/21, effective 8/23/21
• WSR 20-10-059, § 82-50-021, filed 4/30/20, effective 5/31/20
• WSR 19-12-008, § 82-50-021, filed 5/23/19, effective 6/23/19
• WSR 18-10-052, § 82-50-021, filed 4/26/18, effective 5/27/18
• WSR 17-13-073, § 82-50-021, filed 6/16/17, effective 7/17/17
• WSR 16-12-057, § 82-50-021, filed 5/26/16, effective 6/26/16
• WSR 15-10-025, § 82-50-021, filed 4/27/15, effective 5/28/15
• WSR 14-12-007, § 82-50-021, filed 5/22/14, effective 6/22/14
• WSR 13-08-078, § 82-50-021, filed 4/2/13, effective 5/3/13
• WSR 12-09-016, § 82-50-021, filed 4/5/12, effective 5/6/12
• WSR 11-10-019, § 82-50-021, filed 4/26/11, effective 5/27/11
• WSR 10-10-011, § 82-50-021, filed 4/22/10, effective 5/23/10
• WSR 09-11-008, § 82-50-021, filed 5/7/09, effective 6/7/09
• WSR 08-09-038, § 82-50-021, filed 4/9/08, effective 5/10/08
• WSR 07-11-015, § 82-50-021, filed 5/3/07, effective 6/3/07
• WSR 06-11-053, § 82-50-021, filed 5/11/06, effective 6/11/06
• WSR 05-11-038, § 82-50-021, filed 5/11/05, effective 6/11/05
• WSR 04-15-006, § 82-50-021, filed 7/7/04, effective 8/7/04
• WSR 03-11-073, § 82-50-021, filed 5/20/03, effective 6/20/03
• WSR 02-13-087, § 82-50-021, filed 6/18/02, effective 7/19/02
• WSR 01-12-007, § 82-50-021, filed 5/24/01, effective 6/24/01
• WSR 00-09-088, § 82-50-021, filed 4/18/00, effective 5/19/00
• WSR 99-12-081, § 82-50-021, filed 5/28/99, effective 6/28/99
• WSR 98-14-079, § 82-50-021, filed 6/30/98, effective 6/30/98
• WSR 97-13-064, § 82-50-021, filed 6/17/97, effective 7/18/97
• WSR 96-15-039, § 82-50-021, filed 7/11/96, effective 8/11/96
• WSR 95-15-031, § 82-50-021, filed 7/11/95, effective 8/11/95
• WSR 94-13-097, § 82-50-021, filed 6/15/94, effective 7/16/94
• WSR 93-24-041, § 82-50-021, filed 11/23/93, effective 12/24/93
• WSR 92-20-038, § 82-50-021, filed 9/29/92, effective 10/30/92
• WSR 91-20-061 (Order 91-73), § 82-50-021, filed 9/24/91, effective 10/25/91
• WSR 90-17-017 (Order 90-72), § 82-50-021, filed 8/7/90, effective 9/7/90
• WSR 89-17-090 (Order 89-70), § 82-50-021, filed 8/22/89, effective 9/22/89
• WSR 89-03-063 (Order 89-67), § 82-50-021, filed 1/18/89
• WSR 88-16-027 (Order 88-66), § 82-50-021, filed 7/27/88
• WSR 87-16-060 (Order 87-65), § 82-50-021, filed 7/30/87
• WSR 86-17-001 (Order 86-63), § 82-50-021, filed 8/8/86
• WSR 85-16-014 (Order 85-62), § 82-50-021, filed 7/26/85
• WSR 84-14-046 (Order 84-61), § 82-50-021, filed 6/29/84
• WSR 83-17-118 (Order 83-59), § 82-50-021, filed 8/24/83.

Wash. Admin. Code § 82-50-031 Exceptions.

The salaries of all state officers and employees shall be paid on a schedule consistent with the provisions of WAC 82-50-021 with the following exceptions:

(1) Schedules for the payment of compensation on dates other than those established in WAC 82-50-021 are authorized for those state officers and employees with written contracts currently in force which explicitly specify payroll dates other than those established in WAC 82-50-021 until the contracts in effect on September 23, 1983, expire or are renegotiated. After that date, no state agency, office, or institution may contract or agree to any payroll dates other than as specified in WAC 82-50-021 and no state agency, office, or institution may agree to any extension of a contract specifying payroll dates other than those set in WAC 82-50-021 without amending the contract to delete any reference to payroll dates other than those established by WAC 82-50-021.

(2) Schedules for the payment of compensation on pay dates other than those established in WAC 82-50-021 may be authorized in writing by the director of the office of financial management, or the director's designee, in the following instances:

(a) For short-term, intermittent, noncareer state employees;

(b) For student employees of institutions of higher education; and

(c) For liquor control agency managers who are paid a percentage of monthly liquor sales.

(3) Schedules for the payment of compensation on pay dates other than those established in WAC 82-50-021 may be authorized by the director of the office of financial management, or the director's designee, only upon the written request of the agency head, or the agency head's designee, and only for the purpose of maintaining a lagged, semimonthly pay date schedule of shorter duration than the official lagged, semimonthly pay date schedule established in WAC 82-50-021. However, the official pay periods established by RCW 42.16.010(1) are in effect.

History

• Statutory Authority: RCW 42.16.010(1) and 42.16.017. WSR 88-16-027 (Order 88-66), § 82-50-031, filed 7/27/88. Statutory Authority: RCW 42.16.010 and 42.16.017. WSR 83-17-118 (Order 83-59), § 82-50-031, filed 8/24/83.

Wash. Admin. Code § 82-50-032 Termination of exceptions.

Pursuant to the approval authority over granting of exceptions provided in RCW 42.16.010(2) and pursuant to the approval authority over all agency and state payroll systems provided in RCW 42.16.017, the director of the office of financial management, or the director's designee, may, terminate any exceptions granted under the provisions of WAC 82-50-031 (2) and (3). The director shall give written notice to the affected agency head by July 1 of the intent to terminate an exception, and the affected agency shall conform to WAC 82-50-021 on January 1 of the following year.

History

• Statutory Authority: RCW 42.16.010 and 42.16.017. WSR 83-17-118 (Order 83-59), § 82-50-032, filed 8/24/83.

Chapter 82-54 Shared leave program.

Wash. Admin. Code § 82-54-010 Transfer of shared leave.

The Washington state leave sharing program as established in RCW 41.04.650 through 41.04.670 provides that employees may donate annual, sick, and personal holiday leave to other employees for sick leave purposes. The purpose of the shared leave program is to permit state employees to aid fellow state employees who are suffering from, or have a relative or household member suffering from, extraordinary or severe illness, injury, impairment, or physical or mental condition which have caused or are likely to cause the employees to take leave without pay or terminate their employment.

History

• Statutory Authority: RCW 41.04.650 and 41.04.670. WSR 96-22-031, § 82-54-010, filed 10/30/96, effective 11/30/96. Statutory Authority: 1989 c 93. WSR 89-17-089 (Order 89-69), § 82-54-010, filed 8/22/89, effective 9/22/89.

Wash. Admin. Code § 82-54-020 Value of leave transferred.

The value of leave transferred is to be based upon the current salary rate of the person receiving the leave. The receiving employee will continue to be paid his or her regular rate while on shared leave. Therefore, one hour of donated leave may cover more than or less than one hour of the recipient's salary. Detailed procedures for the transfer of funds under this are prescribed in the accounting procedures manual pursuant to RCW 43.88.160(1).

History

• Statutory Authority: 1989 c 93. WSR 89-17-089 (Order 89-69), § 82-54-020, filed 8/22/89, effective 9/22/89.

Chapter 82-56 Undue hardship.

Wash. Admin. Code § 82-56-010 Purpose.

(1) Chapter 168, Laws of 2014, provides that state and political subdivision employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. The employer must allow the employee to take unpaid leave for up to two such holidays unless the employee's absence would impose an undue hardship on the employer or the employee is necessary to maintain public safety. Chapter 168, Laws of 2014, directs the director of the office of financial management to establish the definition of "undue hardship" by rule.

(2) The purpose of this chapter is to establish the definition of "undue hardship" for purposes of chapter 168, Laws of 2014.

(3) This chapter applies to employees of the state and its political subdivisions, including:

(a) Employees of school districts;

(b) Nonclassified employees of institutions of higher education who hold appointments or are employed under contracts to perform services for periods of less than twelve consecutive months;

(c) Employees of public institutions of higher education; and

(d) Employees of community colleges, technical colleges, and workforce training programs.

History

• Statutory Authority: 2014 c 168 § 2. WSR 14-23-022, § 82-56-010, filed 11/10/14, effective 12/11/14.

Wash. Admin. Code § 82-56-020 Definition of undue hardship.

For purposes of chapter 168, Laws of 2014, "undue hardship" means an action requiring significant difficulty or expense to the employer. The following factors should be considered in determining whether approving unpaid leave results in an undue hardship to the employer:

(1) The number, composition, and structure of staff employed by the employing entity or in the requesting employee's program.

(2) The financial resources of the employing entity or the requesting employee's program.

(3) The number of employees requesting leave for each day subject to such a request.

(4) The financial impact on the employing entity or requesting employee's program resulting from the employee's absence and whether that impact is greater than a de minimus cost to the employer in relation to the size of the employing entity or requesting employee's program.

(5) Impact on the employing entity, the requesting employee's program, workplace safety or public safety.

(6) Type of operations of the employing entity or requesting employee's program.

(7) Geographic location of the employee or geographic separation of the particular program to the operations of the employing entity.

(8) Nature of the employee's work.

(9) Deprivation of another employee's job preference or other benefit guaranteed by a bona fide seniority system or collective bargaining agreement.

(10) Any other impact on the employing entity's operation or requesting employee's program due to the employee's absence.

History

• Statutory Authority: 2014 c 168 § 2. WSR 14-23-022, § 82-56-020, filed 11/10/14, effective 12/11/14.

Wash. Admin. Code § 82-56-030 Application of definition of undue hardship to request.

(1) In determining whether the employee's absence would result in an undue hardship to the employing entity, the employer must make a case-by-case determination based on the specific objective facts and circumstances, not assumed information, present at the time of each request.

(2)(a) The existence of a collective bargaining agreement or bona fide seniority system does not in and of itself relieve the employing entity from determining whether there would be an undue hardship if the request was granted.

(b) When an employee is represented by a union, in determining whether the employee's absence would result in an undue hardship, the request must be reconciled, when feasible, with the provisions of the applicable collective bargaining agreement.

(c) If the employee is covered under a collective bargaining agreement, the employing agency must determine whether the request can be granted without violating that agreement.

History

• Statutory Authority: 2014 c 168 § 2. WSR 14-23-022, § 82-56-030, filed 11/10/14, effective 12/11/14.