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.
Sincerely,
Jennifer Joly
General Counsel