S-3772.3 _______________________________________________
SENATE BILL 6129
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Anderson, Amondson, McDonald, Nelson, Oke, Morton, Erwin, Cantu, Bluechel, Hochstatter, L. Smith, Moyer, Schow, Roach, Ludwig, McAuliffe, Quigley and A. Smith
Read first time 01/13/94. Referred to Committee on Labor & Commerce.
AN ACT Relating to administrative rule making; adding a new section to chapter 34.05 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The purpose of this act is to:
(1) Strengthen the current rule-making process by addressing and articulating a response to public input;
(2) Establish a reasoned set of criteria for adopting rules so that agencies are accountable for rules;
(3) Enhance the quality of rules that are adopted by ensuring a consistent, well thought-out basis for every rule.
NEW SECTION. Sec. 2. A new section is added to chapter 34.05 RCW to read as follows:
(1) In addition to other requirements imposed by law, an agency may not adopt a rule the violation of which subjects a person to a penalty or administrative sanction; that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or that establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale, unless:
(a) The rule-making file contains clear and convincing evidence that: (i) The particular rule is authorized by statute; (ii) the particular rule is necessary to fulfill the purpose and intent of a specific statute; (iii) the agency considered public comments and responded substantially and by categories to persons who have commented or requested a copy of the agency's response; (iv) the agency analyzed the costs and benefits and found that the probable benefits of the particular rule outweigh its probable costs; (v) the agency considered other less intrusive or less costly means to achieve the purpose of the rule, including any that were proposed in the rule-making hearing, but had reasonable justification for rejecting them in favor of the adopted rule; and (vi) any fee imposed by the rule will generate no more revenue than is necessary to fulfill the intent of the specific statute authorizing the fee;
(b) The rule is clearly and simply stated, so that it will be understood by any person required to comply;
(c) The agency has a written plan to (i) inform and educate affected persons about the rule; (ii) promote voluntary compliance; (iii) evaluate whether the rule achieves the purpose for which it was adopted; and (iv) where necessary, meet the requirements of subsection (2) or (3) of this section;
(d) The rule does not, without clear and specific statutory authorization to do so, exceed any provision of federal law regulating the same activity or subject matter;
(e) The rule does not differ in its application to or requirements for public and private entities unless the agency clearly describes the reasons for the variation and efforts to mitigate the differing impacts; and
(f) The rule does not, without clear and specific statutory authorization to do so, conflict with, overlap, or duplicate, any other provision of federal, state, or local law regulating the same activity or subject matter. The agency shall survey other federal, state, and local entities that have jurisdiction over the same or similar subject matter to determine whether such conflict, overlap, or duplication exists.
(2) Upon the adoption of a rule that conflicts with, overlaps, or duplicates any other provision of federal, state, or local law regulating the same activity or subject matter, an agency shall: (a) File with the code reviser for publication in the Washington State Register a list citing by reference the other laws that the rule conflicts with, overlaps, or duplicates; (b) mitigate the adverse impact of the conflict, overlap, or duplication through coordination with the appropriate federal, state, or local entities; and (c) submit to the appropriate standing committee of the legislature before the next legislative session proposed legislation to mitigate the conflict, overlap, or duplication, and facilitate coordination with appropriate federal, state, or local entities.
(3) Upon the adoption of a rule that exceeds any provision of federal law regulating the same activity or subject matter, the agency shall coordinate implementation and enforcement with the appropriate federal entities.
(4) In adopting an emergency rule, the agency shall meet the same criteria as set forth in subsections (1) through (3) of this section or provide written justification for their failure to provide the information.
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