WSR 05-04-107

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF LICENSING


[ Filed February 2, 2005, 9:56 a.m. ]

Subject of Possible Rule Making: Cemeteries, Title 98 WAC, new sections: Brief adjudicative proceedings, when they can be used, objections to proceedings and conversion to formal adjudicative proceedings.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 68.05.105 and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: New sections establish the process for using brief adjudicative proceedings (BAP) for addressing and resolving specific regulatory actions on license applications and/or licenses. BAPs are adjudicative proceedings under the Administrative Procedure Act, chapter 34.05 RCW that are brief in form, that should take less time, and expedite a decision for an applicant or licensee. This would result in reduced administrative cost to the department while ensuring independent review and expedience for the licensee.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Attorney General's Office.

Process for Developing New Rule: Study by the Cemetery Board.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeanne Todd, Department of Licensing, Funerals, P.O. Box 9012, Olympia, WA 98507, (360) 664-1555, Funerals@dol.wa.gov.

February 2, 2005

Jon Donnellan

Administrator

Washington State Code Reviser's Office