WSR 01-21-019

REVIEW OF PREVIOUSLY ADOPTED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 8, 2001, 3:42 p.m. ]

     Finding of Joint Administrative Rules Review Committee related to: Rule was not adopted in accordance with all applicable provisions of law.

     Hearing on committee's finding will be held: The Department of Labor and Industries will hold public hearings in response to the Joint Administrative Rules Review Committee (JARRC) finding during its meeting on September 10, 2001, concerning the vocational rehabilitation rules, chapter 296-19A WAC. The committee found that "the department violated the public participation provisions of the Administrative Procedure Act by intimidating employees from participating in the rule-making process for the department's rules on vocational rehabilitation."

     The department will take oral testimony on JARRC's finding on December 3, 2001, at 11:30 a.m. - 12:30 p.m., Department of Labor and Industries, 901 North Monroe Street, Suite 100, Spokane, WA; on December 4, 2001, at 11:30 a.m. - 12:30 p.m., Department of Labor and Industries, 729 100th Street S.E., Everett, WA; and on December 5, 2001, 11:30 a.m. - 12:30 p.m. and 4:30 p.m. - 5:30 p.m., Department of Labor and Industries, 7273 Linderson Way S.E., Tumwater, WA.

     If you require special communication or accommodation arrangements, please contact us at (360) 902-4216 or clah235@lni.wa.gov no later than November 28, 2001.

     Send written comments to Beverly Clark, Legislative and Governmental Affairs Office, P.O. Box 44001, Olympia, WA 98504-4001, or by fax (360) 902-4202 (to the attention of Beverly Clark) (comments submitted by fax must be ten pages or less).

     Written comments must be received no later than 5 p.m., December 5, 2001.

     If you have questions about the hearings or comment period, please check L&I's Laws and Rules website at http://www.lni.wa.gov/rules/ or contact the Legislative and Governmental Affairs Office at (360) 902-4233.

     Statement of committee's findings and reasons: The committee finds that the Department of Labor and Industries violated the public participation provisions of the Administrative Procedure Act by intimidating its employees from participating in the rule-making process for the department's rules on vocational rehabilitation.

     The committee requests the department to reconsider the adoption of the rule and reopen the rule to public comment.

     Other agency comments or information: See hearing information above.

October 8, 2001

Gary Moore

Director

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