WAC 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 institutionalization. (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.