WSR 10-01-056

OFFICE OF THE GOVERNOR


[ Filed December 10, 2009, 9:22 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 November 9, 2009, the Governor's Office received an appeal from Mr. William Higday relating to the Washington Fish and Wildlife Commission's denial of a petition to repeal or amend WAC 232-12-017. Governor Gregoire denied his appeal on December 7, 2009

DATE: December 7, 2009

Martin C. Loesch
Director of External Affairs
and Senior Counsel

December 7, 2009


William Higday

6827 Whitmore Drive NW

Gig Harbor, WA 98335-6259


Re: Administrative Rule Appeal - WAC 232-12-017


Dear Mr. Higday:


Thank you for your email dated October 16, 2009, and written appeal to the Governor received November 9, 2009, concerning the above-referenced rule. This appeal was received by the Governor's Office 40 days after the statutory due date of September 30, 2009. Your initial email to this office was received 16 days late. Technically, under the Administrative Procedure Act, it is untimely and cannot be considered by the Governor.


Since your petition is untimely, the Governor lacks jurisdiction to either grant or deny it. Notwithstanding this, the Governor appreciates your expression of concerns about WAC 232-12-017.

Very truly yours,

Martin C. Loesch

Director of External Affairs

and Senior Counsel

Washington State Code Reviser's Office