On October 17, the Governor received an appeal from Boyd Stacey of Aberdeen, Washington, relating to the Department of Corrections' rule contained in WAC 137-28-260 (507 Infraction).

     DATE: December 1, 2005

Richard E. Mitchell

General Counsel to the Governor

December 1, 2005

Mr. Boyd Stacy

DOC 986567

Stafford Creek Corrections Center, FN C11

191 Constantine Way

Aberdeen, WA 98520

RE:     Rule Petition under RCW 34.05 concerning WAC 137-28-260 (507 Infraction)

     Your letter dated 9/15/05 (Received on 10/17/05)

Dear Mr. Stacy:

The Governor's Office has reviewed your petition under the Administrative Procedure Act (Act) concerning the Department of Corrections' (Department) rule contained in WAC 137-28-260 (507 Infraction). Having reviewed the documents submitted, including your several petitions to the Department under its rule appeal process (WAC 137-10-020 and 137-10-025), it is clear that the Department has neither fully considered nor formally denied your petition. As noted in your September 15, 2005, letter to the Governor's Office, the Department's response to you did not "specifically address the concerns [that you] raised." You further observed that the Department "did not comply" with WAC 137-10-020. Under these circumstances, and as the Department has neither fully considered nor formally denied your petition to it, the Governor is without statutory authority to review or otherwise act on your petition to her.

As you know, the Act in RCW 34.05.330(3) authorizes petitions to the Governor only after the agency promulgating the rule in question "denies" the petition to the agency concerning that rule. Consequently, the Governor's Office has advised the Department that it is required to address the issues raised in your petition and to formally grant or deny it under WAC 137-10-025 and the Act. The Department is in the process of preparing a formal and complete response to your petition to it. On receipt of the Department's response, you may wish to consider what, if any, additional administrative remedies are available to you.

Sincerely,

Richard E. Mitchell

General Counsel

cc:     Tom Fitzsimmons, Chief of Staff, Governor's Office

     Secretary Harold Clarke, Department of Corrections

     Eldon Vail, Deputy Secretary, DOC

     John Lane, Executive Policy Advisor