Proposed Regulations Posted for Comment
Proposed Amended Application Regulation 117
Published for Comment: Proposed Amendment of
Application Regulation 117
Approved for Comment September 13, 2010
The Certified Professional Guardian Board will consider amendment of the following regulation at its meeting on January 10, 2011. The comment period expires October 18, 2010.
117 Insurance
117.5 Annual Report
117.5.1 By January August 31 each year, every guardian and every agency shall file with the Board a declaration signed under penalty of perjury, on a form approved by the Board, stating that the guardian or agency either maintains a policy of errors and omissions insurance, or is exempt from said requirement, or has petitioned for and received a waiver based on a determination by the Board that it is impractical for the guardian or agency to comply with this regulation and the guardian or agency has provided a satisfactory alternative that meets the purpose of this regulation.
117.7 Failure to Comply
117.7.1 Failure to comply with this regulation in any part may subject the guardian and/or agency to the disciplinary sanctions listed in the Disciplinary Regulations, including suspension or revocation of certification.
117.7.2 Failure to submit the required declaration by August 1 will subject the guardian and/or agency to a special service fee of $50.00 if paid before September 1.
117.7.3 Failure to submit the required declaration by September 1 will subject the guardian and/or agency to a special service fee of $100.00 if paid before October 1.
117.7.4 Failure to pay the required annual certification fee and late fee and submit the required declaration by October 1 shall subject the CPG and/or Agency to revocation of certification by the Board.
117.7.52 In the event of a guardian’s or agency’s failure to comply with this regulation, the Board shall send a written notice of noncompliance with this regulation to the guardian or agency by certified mail, directed to the last known address as maintained on the records of the Administrative Office of the Courts. The notice shall advise the CPG or Agency of the pendency of decertification for failure to submit the required declaration. The notice shall further advise the CPG or Agency that if the CPG or Agency believes that an administrative error has been made and that the CPG or Agency is not in default on the obligation to submit the required declaration, the CPG or Agency may file a petition requesting an administrative hearing. The petition must set forth facts either explaining how the guardian or agency has complied with this regulation or, if the guardian or agency acknowledges that there has not been compliance with the regulation, then the facts in support of why the Board should not take disciplinary action against the guardian or agency. The petition must be signed under penalty of perjury by the guardian. The guardian or agency must file the petition with the Board within ten (10) calendar days of notice of noncompliance by the Board.
The notice must advise the guardian or agency of the Board’s intent to impose disciplinary sanctions for failure to comply with this financial responsibility regulation and describe how the guardian or agency has failed to comply with the regulation. The notice must advise the guardian or agency that the guardian or agency may file a petition with the Board requesting an administrative hearing to determine whether the guardian or agency is in compliance with this regulation.
117.7.6 If a petition is filed, the Chair of the Board shall appoint a three-member Review Panel to conduct a hearing on the petition. In the sole discretion of the Review Panel, the hearing may be held by telephone. The Review Panel shall make written findings and a recommendation as to whether the petition should be granted. The findings and recommendation of the Review Panel shall be filed with the Board and served by first-class mail on the CPG or Agency. (Amended 11-8-04)
117.7.7 The Board shall review the decision of the Review Panel and shall make a decision approving or denying the petition. If the petition is denied, then the Board shall decertify the CPG or Agency. The members of the Review Panel shall not participate in the decision of the Board. A copy of the Board’s order shall be sent by certified mail to the CPG or Agency. Any such order shall be final
117.7.3 If a petition is filed by the guardian or agency, the Chair of the Board shall appoint a three-member Review Panel to conduct a hearing on the petition. The guardian or agency may choose to be represented by an attorney, at the guardian or agency’s expense, or may appear in pro se. The petitioner may submit to the AOC additional written material which may include statements, correspondence, affidavits, and memoranda of law or other information which the petitioner believes will assist the Review Panel. All written materials must be received by the AOC within 30 days after the filing of the petition. In the sole discretion of the Review Panel, the hearing may be held by telephone or other means. After the hearing, the Review Panel shall make written findings, conclusions and a recommendation as to whether the Board should grant the petition. If the recommendation of the Panel is to deny the Petition, the Panel shall also recommend the type of disciplinary sanction, if any, the Board should impose on the guardian or agency. The findings, conclusions and recommendation of the Review Panel shall be filed with the Board and served by first-class mail on the guardian or agency.
117.7.4 The Board shall review the recommendation of the Review Panel and make a final decision approving or denying the petition. If the petition is denied, then the Board may impose a disciplinary sanction on the guardian or Agency. The members of the Review Panel shall not participate in the decision of the Board. A copy of the Board’s order shall be sent by first-class mail to the certified professional guardian or agency. Any such order shall be final.
117.7.75 If the guardian or agency does not file a petition requesting an administrative hearing, than the Board may impose disciplinary sanctions on the guardian or agency as set forth in without further notice to the guardian or agency. Notice of the Board’s actions shall be sent to the guardian or agency by first-class mail.*
*Within the proposed regulation amendment, additions are indicated by underlining and deletions indicated by strikethroughs.
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Or mail comments to:
Deborah Jameson
Guardian Program Coordinator
Administrative Office of the Courts
P.O. Box 41170
Olympia, WA 98504-1170
All comments must be received on or before October 18, 2010. The Certified Professional Guardian Board will consider the comments received and whether to amend the regulation during the Board meeting scheduled for Monday, January 10, 2011, 9:00 a.m. at the SeaTac Office Center, 18000 Pacific Hwy. S., South Tower, Ste. 1106, SeaTac, WA.
The amended regulation will be effective immediately upon adoption by the Board. |
