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
General Counsel to the Governor
January 5, 2011
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.
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.