WSR 04-06-061

OFFICE OF THE GOVERNOR


[ Filed March 2, 2004, 8:53 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:

On February 25, 2004, the Governor received miscellaneous petitions from the guardians listed below. The persons listed are guardians of individuals who are residents of Fircrest 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.


Gail Hamley, guardian of Terrance Hamley who resides at Fircrest

Katherine L. Johnson, guardian of Donald L. Gaines who resides at Fircrest


DATE: February 26, 2004

Jennifer Joly

General Counsel to the GovernorFebruary 25, 2004


Gail Hamley

Via Facsimile: 946/476-0650

Dear Ms. Hamley:


On Wednesday, February 25, 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, 2003, your petition is untimely and thus no longer ripe for review by the Governor.


Sincerely,

Jennifer Joly

General CounselFebruary 25, 2004


Katherine L. Johnson

4911 Fremont Avenue N, #201

Seattle, WA 98103


Dear Ms. Johnson:


On Wednesday, February 25, 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, 2003, your petition is untimely and thus no longer ripe for review by the Governor.


Sincerely,

Jennifer Joly

General Counsel

Legislature Code Reviser 

Register

Washington State Code Reviser's Office