On August 30, 2010, the Governor's Office received an appeal from Mr. Michael Johnson relating to the Department of Health's denial of a petition to repeal or amend WAC 246-809-610 (1)(b). The petition was untimely and the Governor declined to consider it.
DATE: September 21, 2010
General Counsel to the GovernorSeptember 21, 2010
Michael Johnson, MSW
375 NE 163rd Street
Shoreline, WA 98155
Re: Administrative Rule Appeal - WAC 246-809-610 (1)(b)
Dear Mr. Johnson:
Thank you for your appeal to Governor Gregoire dated August 28 and received in this office on August 30, 2010, concerning the above-referenced rule. Your appeal was received by the Governor's Office 79 days after the statutory due date of June 12, 2010. 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 246-809-610. We note that the Department of Health stated it will continue to monitor the trends for alternate methods to complete continuing education courses, and encourage you to provide any additional input on alternatives to the Department.