AN ACT Relating to review of administrative rules; and amending RCW 34.04.240, 28B.19.165.

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

Sec. 1. Section 8, chapter 324, Laws of 1981 and RCW 34.04.240 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 34.04.220 or 34.04.230, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected. 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by a majority vote of its members, (a) that the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature or (b) that the rule has not been adopted in accordance with all applicable provisions of law, the rules review committee may, 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) The code reviser shall publish the rules review committee's notice of objection and statement of the reasons therefor issued pursuant to subsection (1) or (2) 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 and to the issue of the Washington state register in which the full text thereof appears.

(4) Upon the majority vote of its members, the rules review committee may notify the code reviser to remove from the state register and the Washington Administrative Code any notice of objection published under this section. The code reviser shall indicate the removal of the notice of objection by publishing in the state register the statement of the rules review committee requesting the removal.

(5) Such notice 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. Section 16, chapter 324, Laws of 1981 and RCW 28B.19.165 are each amended to read as follows:

(1) Within seven days of an institution hearing held after notification of the institution by the rules review committee pursuant to RCW 28B.19.160 or 28B.19.163, the affected institution shall notify the committee of its action regarding a proposed or existing rule to which the committee objected. If the rules review committee determines by a majority vote of its members that the institution 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 institution so as to conform with the intent of the legislature or (b) that the rule has not been adopted in accordance with all applicable provisions of law, the rules review committee may, within thirty days from notification by the institution 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 institution by the rules review committee.

(3) The code reviser shall publish the review committee's notice of objection and statement of the reasons therefor issued pursuant to subsection (1) or (2) 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 and to the issue of the Washington state register in which the full text thereof appears.