WSR 00-18-001

PERMANENT RULES

CODE REVISER'S OFFICE


[ Filed August 23, 2000, 1:24 p.m. , effective December 31, 2000 ]

Date of Adoption: August 23, 2000.

Purpose: To make housekeeping changes and to delete the references to the expedited adoption process which expires December 31, 2000.

Citation of Existing Rules Affected by this Order: Amending WAC 1-04-010, 1-06-010, 1-06-030, 1-06-040, 1-06-130, 1-06-140, 1-06-160, 1-21-020, 1-21-070, 1-21-110, 1-21-140, 1-21-160, and 1-21-170.

Statutory Authority for Adoption: RCW 1.08.110, 34.05.356, 34.05.385, and 34.08.030.

Adopted under notice filed as WSR 00-13-109 on June 21, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 13, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: December 31, 2000.

August 23, 2000

Dennis W. Cooper

Code Reviser

OTS-4115.1


AMENDATORY SECTION(Amending Order 11, filed 9/14/76)

WAC 1-04-010
State Environmental Policy Act.

((Pursuant to)) Under RCW 43.21C.120 and the SEPA guidelines, chapter ((197-10)) 197-11 WAC, the office of the code reviser has reviewed its authorized activities and has found them all to be exempt under ((the provisions of)) chapter ((197-10)) 197-11 WAC.

[Order 11, 1-04-010, filed 9/14/76.]

OTS-4116.1


AMENDATORY SECTION(Amending Order 8, filed 9/25/74, effective 10/25/74)

WAC 1-06-010
Purpose.

The purpose of this chapter shall be to ensure compliance by the statute law committee and the office of the code reviser with the provisions of chapter 42.17 RCW (Initiative 276), and in particular ((with sections 25 through 32 of that act)) RCW 42.17.250 through 42.17.348, dealing with public records.

[Order 8, 1-06-010, filed 9/25/74, effective 10/25/74.]


AMENDATORY SECTION(Amending Order 8, filed 9/25/74, effective 10/25/74)

WAC 1-06-030
Description of central and field organization.

(1) The office of the code reviser is located on the ground floor of the Legislative Building, Olympia, Washington, 98504.

(2) The committee consists of twelve attorneys. Five are appointed by the Washington State Bar Association, two each by the senate and house judiciary committees, and one each by the governor, the chief justice of the supreme court, and the speaker of the house. The committee employs a code reviser, who serves as its secretary.

(3) Among the primary responsibilities of the committee and the code reviser is the duty to periodically codify, index, and publish the Revised Code of Washington and to revise, correct, and harmonize the statutes by means of administrative or suggested legislative action as may be appropriate. The agency is also the official bill drafting arm of the legislature and its various committees, and prepares for the legislature all bills, memorials, resolutions, amendments, and conference reports, which activities are pursued on a nonpartisan, professional, lawyer-client, confidential basis ((pursuant to)) under RCW 1.08.027, and RCW 1.08.028 prohibits the reviser's office ((pursuant to RCW 1.08.028 is proscribed)) from rendering written opinions concerning the constitutionality of any proposal. The agency also produces the legislative digest and history of bills and the daily status report. Immediately following each session of the legislature, the committee indexes and publishes the temporary edition of the session laws and subsequently publishes the permanent edition; it also responds to citizen's requests for copies of recently enacted laws. The committee administers the Administrative Procedure Act ((and the State Higher Education Administrative Procedure Act)), serving as official repository for the rules ((and regulations)) of the various state agencies and the institutions of higher learning, and creating and publishing the Washington Administrative Code. ((Through its legislative information system, the committee supplies data processing services to the legislative branch including special reports to legislative members and to the legislative leadership, as well as creating and publishing the legislative digest and history of bills and the daily status report. The legislative information system also supplies all branches of government with automated legal research services.))

[Order 8, 1-06-030, filed 9/25/74, effective 10/25/74.]


AMENDATORY SECTION(Amending WSR 91-10-010, filed 4/19/91, effective 5/20/91)

WAC 1-06-040
Operations and procedures.

(1) Practice and procedure in and before the agency are governed by the ((uniform procedure)) model rules of procedure, chapter 10-08 WAC.

(2) The operations of the agency, including meetings, selection of officers, filling of vacancies, and fiscal matters, are conducted according to the provisions of chapter 1.08 RCW.

[Statutory Authority: RCW 1.08.110, 34.05.220 and 34.05.250. 91-10-010, 1-06-040, filed 4/19/91, effective 5/20/91; Order 8, 1-06-040, filed 9/25/74, effective 10/25/74.]


AMENDATORY SECTION(Amending Order 8, filed 9/25/74, effective 10/25/74)

WAC 1-06-130
Records index.

(1) A chronological index is maintained providing identifying information as to all governmental records issued, adopted, or promulgated after June 30, 1972, ((which)) that are deemed by the agency to fall within the purview of RCW 42.17.260 and ((which)) that are not exempted under ((the provisions of)) RCW 1.08.027 (([cf. RCW)), 40.14.180((], RCW)), 42.17.310, or WAC 1-06-020.

(2) The current index promulgated by the agency ((shall)) must be available to all persons under the same rules and on the same rules and on the same conditions as are applied to public records available for inspection.

[Order 8, 1-06-130, filed 9/25/74, effective 10/25/74.]


AMENDATORY SECTION(Amending Order 8, filed 9/25/74, effective 10/25/74)

WAC 1-06-140
Communications with the agency.

All communications with the agency including but not limited to the submission of materials pertaining to its operations and/or the administration or enforcement of chapter 42.17 RCW and these rules; requests for copies of the agency's rules and other matters, shall be addressed as follows: Office of the Code Reviser, c/o Public Records Officer, ((Legislative Building)) P.O. Box 40551, Olympia, ((Washington)) WA 98504-0551.

[Order 8, 1-06-140, filed 9/25/74, effective 10/25/74.]


AMENDATORY SECTION(Amending Order 18, filed 5/10/78)

WAC 1-06-160
Request for public record -- Form.

((Place illustration here.))
A copy of the request for public records form may be obtained from the code reviser's office.

[Statutory Authority: RCW 42.17.250 and 42.17.300. 78-06-011 (Order 18), 1-06-160, filed 5/10/78.]

OTS-4117.2


AMENDATORY SECTION(Amending WSR 98-14-048, filed 6/24/98, effective 7/25/98)

WAC 1-21-020
Notice -- Form, contents, numbers.

(1)(((a))) An agency shall file a regular notice of proposed rule making under RCW 34.05.320 with the code reviser's office on a CR-102 form (Proposed Rule Making). The agency must file the full text of the proposed rule along with the Notice form (RCW 34.08.020). This filing must be at least thirty days after the CR-101 form, if required, was published (RCW 34.05.310)((; or

(b) An agency shall file notice for the expedited adoption of rules under RCW 34.05.356 with the code reviser's office on a CR-102XA form (Expedited Adoption -- Proposed Rule Making). The agency must file the full text of the proposed rule along with the CR-102XA form (RCW 34.05.356). This filing must be published in the Register at least forty-five days before the agency may adopt the proposal and file a CR-103 form (Rule-Making Order))).

(2) The agency shall file the original and six copies of ((either)) the notice package (form and text). The code reviser's office will keep the original and two copies and return four stamped copies to the agency. The joint administrative rules review committee has requested that the agency submit three of these copies to the committee for purposes of legislative review. The agency should keep the remaining copy for its files.

[Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030. 34.05.354 as amended by 1998 c 280 6 and 2. 98-14-048, 1-21-020, filed 6/24/98, effective 7/25/98. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.230, 34.05.354 and 1997 c 409 202 and 208. 97-15-035, 1-21-020, filed 7/10/97, effective 7/27/97. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.310, 34.05.320 and 1995 c 403 701 and 704. 95-17-070, 1-21-020, filed 8/17/95, effective 9/17/95. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-020, filed 5/31/89.]


AMENDATORY SECTION(Amending WSR 97-15-035, filed 7/10/97, effective 7/27/97)

WAC 1-21-070
Administrative order.

(1) The administrative order by which an agency adopts a rule shall be done on a CR-103 form (Rule-making Order) provided by the code reviser's office or, if required by agency practice, on an agency form that provides the information required by RCW 34.05.360.

(2) The agency shall file with the code reviser's office the original and three copies of the text of permanent rules, along with four copies of the administrative order. Emergency rules require an additional three copies of the order and the text, which the agency shall file with the joint administrative rules review committee after the copies have been stamped by the code reviser's office.

[Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.230, 34.05.354 and 1997 c 409 202 and 208. 97-15-035, 1-21-070, filed 7/10/97, effective 7/27/97. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-070, filed 5/31/89.]


AMENDATORY SECTION(Amending Order 89-1, filed 5/31/89)

WAC 1-21-110
Amendatory rules.

(1) Designate each amendatory section with the heading "AMENDATORY SECTION" followed by a reference to the WSR number or agency order number and the filing date of the latest permanent order affecting that section. Show amendments to the text in terms of the latest permanent version of the section that has been filed with the code reviser.

(2) If a section to be amended has been exempted from publication under RCW 34.05.210 and is not published in the WAC, in later orders amending or repealing the section refer to it by the original agency order and section number or other appropriate description.

[Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-110, filed 5/31/89.]


AMENDATORY SECTION(Amending Order 89-1, filed 5/31/89)

WAC 1-21-140
Review of previously adopted rules.

When an agency is required under RCW 34.05.630 to review permanent or emergency rules previously adopted, the agency shall file notice of the review with the code reviser on a CR-104 form (Review of Previously Adopted Rules). The agency shall file the original and six copies of the notice. Four copies will be returned to the agency, three of which shall be delivered to the joint administrative rules review committee. The notice is subject to the twenty-day requirement of RCW 34.05.320. The text of the rule under review is not needed with this notice.

[Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-140, filed 5/31/89.]


AMENDATORY SECTION(Amending Order 89-1, filed 5/31/89)

WAC 1-21-160
((Emergency rules -- ))Filing after office hours.

The code reviser's office is open for the filing of agency rule-making notices and orders from 8 a.m. to 5 p.m., Monday through Friday, except legal holidays. The code reviser delegates to the Washington State Patrol the authority to accept at other times the filing of ((emergency)) orders adopting, amending, or repealing rules when the ((emergency)) nature of the order((s)) requires their immediate filing and/or ((immediate)) effectiveness. To use this service, the agency may telephone the capitol security unit of the state patrol at 753-2191 to arrange for receipt of the filing by the state patrol. The agency shall notify the code reviser's office of the filing by 9:00 a.m. on the next business day after the filing.

[Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-160, filed 5/31/89.]


AMENDATORY SECTION(Amending WSR 97-15-035, filed 7/10/97, effective 7/27/97)

WAC 1-21-170
Official forms.

Agencies may obtain the following official forms from the code reviser's office upon request:

(1) Form CR-101 Preproposal Statement of Inquiry

(2) Form CR-101XR Expedited Repeal -- Preproposal Statement of Inquiry

(3) Form CR-102 Proposed Rule Making

(4) ((Form CR-102XA Expedited Adoption -- Proposed Rule Making

(5))) Form CR-103 Rule-making Order

(((6))) (5) Form CR-104 Review of Previously Adopted Rules.

[Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.230, 34.05.354 and 1997 c 409 202 and 208. 97-15-035, 1-21-170, filed 7/10/97, effective 7/27/97. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.310, 34.05.320 and 1995 c 403 701 and 704. 95-17-070, 1-21-170, filed 8/17/95, effective 9/17/95. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.030 and 34.05.310 as amended by 1994 c 249 1. 94-12-075, 1-21-170, filed 5/31/94, effective 6/9/94. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-170, filed 5/31/89.]

Washington State Code Reviser's Office