WSR 04-06-006

OFFICE OF THE GOVERNOR


[ Filed February 20, 2004, 9:00 a.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 February 10, 2004 through February 17, 2004, the Governor received miscellaneous petitions from the guardians listed below. The persons listed are guardians of individuals who are residents of Fircrest and Rainier 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.


     • Anne Eddy, guardian of Margit L. Froberg who resides at

Rainier School

     • Alice L. Hardman, guardian of Kathleen McKay who resides at Fircrest

     • Dorothy Brenchley, guardian of James Brenchley who resides at Fircrest

     • Lucille Denning, guardian of Marcella Kirschner who resides at Fircrest

     • Elizabeth Cantrell, guardian of Patricia Krause who resides at Fircrest

     • Sharon Gardner, guardian of Brenda Whistler who resides at Fircrest

     • Robert Scalzo, guardian of Robert T. Scalzo who resides at Fircrest

     • Mrs. Wayne Thunderchild, guardian of her brother, Terry (no last name listed) who resides at Fircrest

     • Jerrilyn Haniley, guardian of her brother (no name listed) who resides at Fircrest

     • Bernice A. Weyer, guardian of Mary Weyer who resides at Fircrest


DATE: February 17, 2004

Jennifer Joly

General Counsel to the GovernorFebruary 17, 2004


Anne Eddy

24427 Wax Orchard Road S.W.

Vashon, Washington 98070


Dear Ms. Eddy:


On Thursday, February 5, 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 CounselFebruary 17, 2004


Alice L. Hardman


Dear Ms. Hardman:


On Thursday, February 5, 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 CounselFebruary 17, 2004


Dorothy Brenchley


Dear Ms. Brenchley:


On Thursday, February 5, 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 CounselFebruary 17, 2004


Lucille Denning

17943 Fremont Avenue North

Shoreline, Washington 98113


Dear Ms. Denning:


On Tuesday, February 10, 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 CounselFebruary 17, 2004


Elizabeth S. Cantrell

3300 Meridian Avenue North, Apt. 409

Seattle, Washington 98103-9155


Dear Ms. Cantrell:


On Wednesday, February 11, 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 CounselFebruary 17, 2004


Sharon Gardner


Dear Ms. Gardner:


On Wesnesday, February 11, 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 CounselFebruary 17, 2004


Robert Scalzo


Dear Mr. Scalzo:


On Wednesday, February 11, 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 CounselFebruary 17, 2004


Wayne Thunderchild

5721 - 183rd Street S.W.

Lynnwood, Washington 98037


Dear Mr. Thunderchild:


On Tuesday, February 10, 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 CounselFebruary 17, 2004


Jerrilyn Haniley

5721 - 183rd Street S.W.

Lynnwood, Washington 98037


Dear Ms. Haniley:


On Tuesday, February 10, 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 CounselFebruary 17, 2004


Bernice A. Weyer

11301 - 3rd Avenue N.E., #408

Seattle, Washington 98125-6092


Dear Ms. Weyer:


On Friday, February 13, 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

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Office of the Governor and appear in the Register pursuant to the requirements of RCW 34.08.040.