WSR 08-07-030

OFFICE OF THE GOVERNOR


[ Filed March 12, 2008, 8:58 a.m. ]


NOTICE OF APPEAL

RCW 34.05.330(3)



Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:


On February 4, 2008, the Governor's Office received an appeal from Mr. James L. Brummett relating to the Washington Lottery Commission's denial of a petition to repeal or amend RCW 67.70.040. The Governor's Office denied the Petition on March 10, 2008.


DATE: March 11, 2008

Richard E. Mitchell

General Counsel to the Governor


March 10, 2008


James L. Brummett

P.O. Box 73442

Puyallup, WA 98373


Re: Administrative Rule Appeal - Alleged Lottery Involvement in "Illegal Hype"


Dear Mr. Brummett:


This letter is in response to your petition for rulemaking, which was initially filed with the Washington Lottery Commission (Commission) on November 29, 2007. The Commission considered your petition on January 17, 2008, and issued its written denial on January 22, 2008. On February 4, 2008, you appealed that denial to the Governor's Office under RCW 34.05.330. After consideration of your appeal petition, inclusive of your declaration and attachments and the Commission's denial, I am writing to inform you that the Governor lacks jurisdiction to either grant or deny your petition.


Under the Administrative Procedures Act, the Governor lacks jurisdiction to consider petitions where the underlying agency has not issued a denial, where the petitioner fails to timely petition within thirty (30) days of the agency denial, or where the petitioner is petitioning an agency's denial to adopt a new rule. RCW 34.05.330.


Your petition does not cite a Commission rule that you seek to amend or repeal. Instead, it states that "rule making is necessary to follow the legislative intent..." and, for each of your six points of contention, that "RULE MAKING ADOPTION" is either needed or required. The Commission denied your appeal, noting that your petition is about the "Commission adopt[ing] rules", and "add[ing] conditions" to statutory requirements (which can also be understood as adopting a new rule) on the display of odds.


As a result, your petition must be dismissed for lack of jurisdiction. Notwithstanding this, the Governor appreciates your expression of concern and has noted the Commission's direction to its staff to address how odds of winning are presented to the public and how certain lottery words are defined.


Sincerely,

Richard E. Mitchell

General Counsel

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office