WSR 04-24-082

OFFICE OF THE GOVERNOR


[ Filed December 1, 2004, 8:47 a.m. ]

November 30, 2004

Mr. Steven Pierce, DOC 833687

Stafford Creek Corrections Center, H-3, B113U

191 Constantine Way

Aberdeen WA 98520


Dear Mr. Pierce:


Thank you for your November 16 letter to Governor Locke, appealing the Department of Corrections' denial of your petition seeking adoption of a new rule relating to the frequency of offender store deliveries at Stafford Creek Corrections Center. I have reviewed your request and determined that it is outside the scope of the Administrative Procedure Act.


RCW 34.05.330(1) states that "any person may petition an agency requesting the adoption, amendment, or repeal of any rule." However, RCW 34.05.330(3) provides for an appeal to the governor only in cases where "an agency denies a petition to repeal or amend a rule." The statute does not provide for an appeal to the governor in cases where the agency has denied a petition to adopt a new rule. Because your petition to the Department of Corrections requested adoption of a new rule, your appeal is outside the scope of the Administrative Procedure Act.


From the material you sent, it appears that you may be concerned about receiving the postage to which you are entitled if you are indigent. WAC 137-48-060 authorizes indigent inmates to receive postage equivalent to the mailing cost of ten one-ounce first class letters per week. The rule does not specify at what intervals this postage is to be provided, only the amount authorized. If you are not receiving this postage equivalent over time, you may wish to take that concern up with the institution staff.


I hope this response is helpful.


Sincerely,

Jennifer Joly

General Counsel

Legislature Code Reviser 

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Washington State Code Reviser's Office