WSR 04-07-017

OFFICE OF THE GOVERNOR


[ Filed March 5, 2004, 2:57 p.m. ]


NOTICE OF APPEAL

RCW 34.05.330(3)



Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:


From March 1, 2004 through March 3, 2004, the Governor received miscellaneous petitions from the guardians listed below. The persons listed are guardians of individuals who are residents of Fircrest School, and are asking for the repeal of emergency rules contained in WSR 04-02-010, and adopted by the Department of Social and Health Services on December 24, 2003.


Adella Heutmaker, guardian of Steven Dickinson who resides at Fircrest

Barbara Leith, guardian of Robert Wescott who resides at Fircrest

Betty Sinclair Gillett, guardian of Brian K. Larson who resides at Fircrest


DATE: March 3, 2004

Jennifer Joly

General Counsel to the GovernorMarch 3, 2004

Betty Sinclair Gillett

7606 Illahee Rd NE

Bremerton, WA 98311

Dear Ms. Gillett:


On Wednesday, March 3, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General Counsel

March 3, 2004


Adella M. Heutmaker

PO Box 1421

Coupeville, WA 98239


Dear Ms. Heutmaker:


On Monday, March 1, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General Counsel

March 3, 2004


Barbara Leith

1915 151st SE

Mill Creek, WA 98012


Dear Ms. Leith:


On Wednesday, March 3, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General Counsel

Legislature Code Reviser 

Register

Washington State Code Reviser's Office