(1) The department shall adopt rules and standards
with respect to adult family homes and the operators thereof to
be licensed under this chapter to carry out the purposes and
requirements of this chapter. The rules and standards relating
to applicants and operators shall address the differences between
individual providers and providers that are partnerships,
corporations, associations, or companies. The rules and
standards shall also recognize and be appropriate to the
different needs and capacities of the various populations served
by adult family homes such as but not limited to persons who are
developmentally disabled or elderly. In developing rules and
standards the department shall recognize the residential
family-like nature of adult family homes and not develop rules
and standards which by their complexity serve as an overly
restrictive barrier to the development of the adult family homes
in the state. Procedures and forms established by the department
shall be developed so they are easy to understand and comply
with. Paper work requirements shall be minimal. Easy to
understand materials shall be developed for applicants and
providers explaining licensure requirements and procedures.
(2)(a) In developing the rules and standards, the department
shall consult with all divisions and administrations within the
department serving the various populations living in adult family
homes, including the division of developmental disabilities and
the aging and adult services administration. Involvement by the
divisions and administration shall be for the purposes of
assisting the department to develop rules and standards
appropriate to the different needs and capacities of the various
populations served by adult family homes. During the initial
stages of development of proposed rules, the department shall
provide notice of development of the rules to organizations
representing adult family homes and their residents, and other
groups that the department finds appropriate. The notice shall
state the subject of the rules under consideration and solicit
written recommendations regarding their form and content.
(b) In addition, the department shall engage in negotiated
rule making pursuant to RCW 34.05.310(2)(a) with the exclusive
representative of the adult family home licensees selected in
accordance with RCW 70.128.043 and with other affected interests
before adopting requirements that affect adult family home
licensees.
(3) Except where provided otherwise, chapter 34.05 RCW shall
govern all department rule-making and adjudicative activities
under this chapter.
[2007 c 184 § 8; 1995 c 260 § 3; 1989 c 427 § 18.]
NOTES:
Part headings not law -- Severability -- Conflict with federal requirements -- 2007 c 184: See notes following RCW 41.56.029.