Mr. Steven Pierce, DOC 833687
Stafford Creek Corrections Center, H-3, B113U
191 Constantine Way
Aberdeen WA 98520
Dear Mr. Pierce:
Thank you for your November 16 letter to Governor Locke,
appealing the Department of Corrections' denial of your
petition seeking adoption of a new rule relating to the
frequency of offender store deliveries at Stafford Creek
Corrections Center. I have reviewed your request and
determined that it is outside the scope of the Administrative
Procedure Act.
RCW 34.05.330(1) states that "any person may petition an
agency requesting the adoption, amendment, or repeal of any
rule." However, RCW 34.05.330(3) provides for an appeal to
the governor only in cases where "an agency denies a petition
to repeal or amend a rule." The statute does not provide for
an appeal to the governor in cases where the agency has denied
a petition to adopt a new rule. Because your petition to the
Department of Corrections requested adoption of a new rule,
your appeal is outside the scope of the Administrative
Procedure Act.
From the material you sent, it appears that you may be
concerned about receiving the postage to which you are
entitled if you are indigent. WAC 137-48-060 authorizes
indigent inmates to receive postage equivalent to the mailing
cost of ten one-ounce first class letters per week. The rule
does not specify at what intervals this postage is to be
provided, only the amount authorized. If you are not
receiving this postage equivalent over time, you may wish to
take that concern up with the institution staff.
I hope this response is helpful.
Sincerely,
Jennifer Joly
General Counsel