WSR 07-22-099

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed November 6, 2007, 11:23 a.m. ]

Title of Rule and Other Identifying Information: WAC 296-150M-0815 What information must be included in a notice of infraction?

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Josh Swanson, Legislative Liaison, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY January 7, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to correct inconsistency between the factory assembled structure (FAS) statute and rules. RCW 43.22.435 (2)(a) outlines the information that is needed before the department can issue a "notice of correction." This requirement was also adopted into WAC 296-150M-0815, however the rules refer to the "notice of correction" as a "notice of infraction." The department will amend the rules to be consistent with the FAS statute.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: Chapter 43.22 RCW.

Statute Being Implemented: Chapter 43.22 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: Pete Schmidt, Tumwater, Washington, (360) 902-5571; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

November 6, 2007

Judy Schurke

Director

OTS-1141.2


AMENDATORY SECTION(Amending WSR 03-12-044, filed 5/30/03, effective 5/30/03)

WAC 296-150M-0815   What information must be included in a notice of ((infraction)) correction?   When a contractor violates chapter 43.22 RCW, the department may issue a notice of ((infraction)) correction which must contain the following:

(1) A description of the violation;

(2) A statement of what is required to correct the violation;

(3) The date by which the department requires corrections to be achieved; and

(4) Notice of the individual or department office that must be contacted to obtain a permit or other compliance information.

[Statutory Authority: RCW 43.22.340, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.480, and 43.22.485, 2002 c 268, and chapter 43.22 RCW. 03-12-044, 296-150M-0815, filed 5/30/03, effective 5/30/03.]

Washington State Code Reviser's Office