Section 388-440-0001 - Exceptions to rule(1) The secretary of the department, or designee, authorizes department staff to request an exception to a rule in the Washington Administrative Code (WAC) for individual cases when: (a) The exception would not contradict a specific provision of federal law or state statute; and(b) The client's situation differs from the majority; and(c) It is in the interest of overall economy and the client's welfare; and either(d) It increases opportunities for the client to function effectively; or(e) A client has an impairment or limitation that significantly interferes with the usual procedures required to determine eligibility and payment and/or the client is at serious risk of institutionlization.(2) The secretary or the secretary's designee makes the final decision on all requests for exceptions to a rule.(3) Clients have no fair hearing rights as defined under chapter 388-02 WAC regarding exception to rule decisions by department staff.(4) Clients who do not agree with a decision on an exception to rule may file a complaint according to chapter 388-426 WAC. Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
Wash. Admin. Code § 388-440-0001
Amended by WSR 14-09-015, filed 4/4/14, effective 5/5/2014Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. WSR 04-05-010, § 388-440-0001, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. WSR 00-03-034, § 388-440-0001, filed 1/12/00, effective 2/12/00; WSR 98-16-044, § 388-440-0001, filed 7/31/98, effective 9/1/98.