(1) An individual provider's permanent work week limit is:

(a) Forty service hours per week; or

(b) Subject to any expenditure limitations required by RCW 74.39A.270(10), if the department paid the individual provider for one hundred seventy-four or more service hours of work performed in January 2016, the individual provider's permanent work week is calculated by dividing the individual provider's January paid service hours by 4.33 and rounding to the nearest quarter hour.

(2) Unless additional hours are approved for one of the reasons listed in WAC 388-114-0080, an individual provider's maximum permanent work week limit cannot exceed the amount identified in RCW 74.39A.270(5).