EMERGENCY RULES
Purpose: To repeal WAC 390-16-311 which was found by the state supreme court to exceed the statutory authority of the agency, Robert Edelman v. State of Washington ex rel. Public Disclosure Commission filed October 21, 2004.
Citation of Existing Rules Affected by this Order: Repealing 1 [WAC 390-16-311].
Statutory Authority for Adoption: RCW 42.17.370.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: State supreme court ruling in Robert Edelman v. State of Washington ex rel. Public Disclosure Commission which determined the Public Disclosure Commission exceeded its authority in promulgating WAC 390-16-311 to interpret a perceived ambiguity in RCW 42.17.660. See motions below adopted by commission on October 26, 2004, and Washington state supreme court decision stated above.
Motion 1
The Public Disclosure Commission finds that in consideration of the October 21, 2004 State Supreme Court decision in Edelman v. PDC, No. 74152-2, WAC 390-16-311 is invalid and, in order to preserve the general welfare, must be repealed on an emergency basis. The finding is based on the following reasons:
1. Because of the Supreme Court found that the rule exceeds the PDC's rule making authority and is inconsistent with RCW 42.17.660, the rule should be repealed as of the date of filing which will be October 27, 2004.
2. The repeal action provides notice to all concerned of the decision's impact as of the effective date of the repeal.
Motion 2
The Commission finds the decision will be applied prospectively only as of the effective date of the repeal based upon the following findings:
1. Because candidates for state office and their contributions have relied in good faith on WAC 390-16-311 since its adoption in 1994; and
2. Because candidates, in relying on the WAC 390-16-311, have received and spent contributions from multi-level organizations and, in this unique situation, it would be highly impractical to require previously spent or obligated contributions (those spent or obligated prior to the effective date of the repeal) to be refunded at this time; and
3. Because of the PDC's limited resources, in light of this unusual situation, it would also be highly impractical to go back in time to audit campaigns or otherwise attempt to seek refunds of contributions received and expended years ago, particularly for campaigns disbanded long ago.
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 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 1.
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 1.
Date Adopted: October 26, 2004.
Vicki Rippie
Executive Director
OTS-7625.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 390-16-311 | Automatically affiliated entities maintaining separate contribution limits. |