Proposed

appeal process set forth in WAC ((388-538-110)) 182-538-
110 prior to requesting a hearing. Managed care clients ((can
not)) cannot change MCOs until the appeal or hearing is
resolved and there is a final ruling.
(c) A client must request the hearing or appeal within
ninety calendar days after the client receives the written
notice of placement in the PRC program.
(d) The ((department)) agency conducts a hearing
according to chapter ((388-02 WAC)) 388-526 or 182-526
WAC, whichever is applicable at the time of the request for
hearing. Definitions for the terms "hearing," "initial order,"
and "final order" used in this subsection are found in WAC
((388-02-0010)) 388-526-0010 or 182-526-0010, whichever
is applicable at the time of the request for hearing.
(e) A client who requests a hearing or appeal within ten
calendar days from the date of the written notice of an initial
PRC placement period under subsection (11)(a) of this section
will not be placed in the PRC program until the date an
initial order is issued that supports the client's placement in
the PRC program or otherwise ordered by an administrative
law judge (ALJ).
(f) A client who requests a hearing or appeal more than
ten calendar days from the date of the ((written)) notice under
subsection (9) of this section will remain placed in the PRC
program unless a final administrative order is entered that
orders the client's removal from the program.
(g) A client who requests a hearing or appeal within
ninety calendar days from the date of receiving the written
notice under subsection (9) of this section and who has
already been assigned providers will remain placed in the
PRC program unless a final administrative order is entered
that orders the client's removal from the program.
(h) An ((administrative law judge ())ALJ(())) may rule
that the client be placed in the PRC program prior to the date
the record is closed and prior to the date the initial order is
issued based on a showing of just cause.
(i) The client who requests a hearing challenging placement
into the PRC program has the burden of proving the
((department's)) agency's or MCO's action was invalid. For
standard of proof, see ((WAC 388-02-0485)) chapter 388-
526 or 182-526 WAC, whichever is applicable at the time of
the request for hearing.
WSR 12-21-115
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed October 23, 2012, 3:42 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-
17-025.
Title of Rule and Other Identifying Information: The
subject of this proposed rule making is updating, reorganizing,
clarifying, and streamlining WAC 220-20-010 General
provisions—Lawful and unlawful acts—Salmon, other fish
and shellfish, as well as adding provisions for derelict fishing
Washington State Register, Issue 12-21 WSR 12-21-115
gear and making a technical change due to previous rule
changes relating to northern pike.
Hearing Location(s): Natural Resources Building, First
Floor, Room 172, 1111 Washington Street S.E., Olympia,
WA 98504, on December 14, 2012, at 8:30 a.m.
Date of Intended Adoption: On or after January 11,
2013.
Submit Written Comments to: Joanna Eide, Enforcement
Program, 600 Capitol Way North, Olympia, WA
98501, e-mail Joanna.Eide@dfw.wa.gov, fax (360) 902-
2155, by December 7, 2012.
Assistance for Persons with Disabilities: Contact Tami
Lininger by November 30, 2012, TTY (800) 833-6388 or
(360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects,
Including Any Changes in Existing Rules: This proposed
rule making is to streamline, reorganize, and update WAC
220-20-010, and adds provisions for derelict fishing gear
reporting. The project also makes a technical change due to
previous rule makings relating to northern pike and splits a
large, general rule into more manageable and logical sections.
This proposed rule making is part of a larger effort to
reorganize and update the agency's administrative code.
Reasons Supporting Proposal: Washington department
of fish and wildlife (WDFW) needs the changes to WAC
220-20-010 to increase efficiency, functionality, and clarity
of the rules within WDFW's administrative code. The
changes promote increases in conservation and availability of
resources, as well as provide penalties for failure to report
lost fishing gear, which can jeopardize resources, habitat, and
access to harvest. The proposal is part of WDFW's WAC
overhaul project to streamline, update, and reorganize
WDFW's administrative code.
Statutory Authority for Adoption: RCW 77.04.012,
77.04.013, 77.04.055, 77.12.045, and 77.12.047.
Statute Being Implemented: RCW 77.12.045 and
77.12.047.
Rule is not necessitated by federal law, federal or state
court decision.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting:
Joanna Eide, 1111 Washington Street S.E., Olympia, WA
98504, (360) 902-2403; Implementation: Deputy Chief Mike
Cenci, 1111 Washington Street S.E., Olympia, WA 98504,
(360) 902-2938; and Enforcement: Chief Bruce Bjork, 1111
Washington Street S.E., Olympia, WA 98504, (360) 902-
2373.
A small business economic impact statement has been
prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
1. Description of the Reporting, Record-Keeping, and
Other Compliance Requirements of the Proposed Rule:
This proposal contains requirements for small business commercial
fishers to report the loss or abandonment of nontribal
commercial net fishing gear within the waters of the state
within twenty-four hours. Specific information must be
given to the department at the time of reporting, which
appears in subsection (3) of the new WAC 220-20-119 General
gear rules—Commercial fishery. The lost or abandoned
[ 147 ] Proposed