On January 4, 2011, the Governor's Office received an appeal from Mr. John Worthington relating to the Washington State Board of Pharmacy's denial of a petition to repeal or amend WAC 246-887-100. His appeal was denied as untimely on January 5, 2011.
DATE: January 5, 2011
Narda Pierce
General Counsel to the Governor
January 5, 2011
John Worthington
4500 SE 2nd Place
Renton, WA 98059
Re: Administrative Rule Appeal - WAC 246-887-100
Dear Mr. Worthington:
This letter is in response to your petition for rulemaking,
which was initially filed with the Washington State Board of
Pharmacy (Board) on July 6, 2010. Pursuant to your waiver of
the 60-day response requirement, the Board considered your
petition at its September 16, 2010, meeting and issued its
written denial on December 1, 2010. On January 4, 2011, the
Governor's Office received your appeal of that denial under
RCW 34.05.330. After consideration of your appeal petition
and the Board'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.
This appeal was received by the Governor's Office after the
statutory due date of December 30, 2010. Under the
Administrative Procedure Act, it is untimely and cannot be
considered by the Governor. As a result, your petition must
be dismissed for lack of jurisdiction. Notwithstanding this,
the Governor appreciates your interest in these matters of
public concern.
Sincerely,
Narda Pierce
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.