BP BHEAD INT H

AN ACT Relating to suspension of rules; amending RCW 34.05.640 and 34.05.650; and adding a new section to chapter 34.05 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 34.05.640 and 1993 c 277 s 2 are each amended to read as follows:

(1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules. If the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice of its action to the committee, the committee may file notice of its objections, together with a concise statement of the reasons therefor, with the code reviser within thirty days of such determination.

(2) If the rules review committee finds, by a majority vote of its members: (a) That the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, or (b) that the agency is using a policy statement, guideline, or issuance in place of a rule, or that the policy statement, guideline, or issuance is outside of the legislative intent, the rules review committee ((~~may~~)) shall, within thirty days from notification by the agency of its action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.

(3) If the rules review committee makes an adverse finding under subsection (2) of this section, the committee ((~~may, by a two-thirds~~)) shall, by majority vote of its members, recommend suspension of an existing rule. Within seven days of such vote the committee shall transmit to the ((~~governor~~)) committee of the senate and house of representatives, or its successor committee, that initiated the legislation granting rule-making authority, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within ((~~thirty~~)) one hundred eighty days of receipt of the notice, the ((~~governor~~)) committee of the senate and house of representatives, or its successor committee, that initiated the legislation granting rule-making authority shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the ((~~governor~~)) committee of the senate and house of representatives, or its successor committee, that initiated the legislation granting rule-making authority, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.

(4) The code reviser shall publish transmittals from the rules review committee or the ((~~governor~~)) appropriate legislative committee issued pursuant to subsection (1), (2), or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or recommended suspension and the ((~~governor's~~)) appropriate legislative committee's action on it and to the issue of the Washington state register in which the full text thereof appears.

(5) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.

Sec. 2. RCW 34.05.650 and 1988 c 288 s 605 are each amended to read as follows:

The rules review committee may recommend to the legislature that the original enabling legislation serving as authority for the adoption of any rule reviewed by the committee be amended or repealed in such manner as the committee deems advisable. If the rule is recommended for suspension under RCW 34.05.640, then the committee shall forward proposed corrective legislation to the committee of the senate and house of representatives, or its successor committee, that initiated the legislation granting rule-making authority.

NEW SECTION. Sec. 3. A new section is added to chapter 34.05 RCW to read as follows:

If a rule is suspended under RCW 34.05.640, then the agency with rule-making authority shall adopt new rules to implement the original enabling legislation.