Mr. James R. Hardman
Hardman & Johnson
119 First Avenue South, Suite 200
Seattle, Washington 98104
Dear Mr. Hardman:
On Friday, January 30, 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, 2004, your petition is untimely and thus no longer ripe for review by the Governor.