WSR 16-22-048 PROPOSED RULES PUBLIC DISCLOSURE COMMISSION [Filed October 28, 2016, 2:15 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-17-032.
Title of Rule and Other Identifying Information: New WAC 390-05-195 Application of RCW 42.17A.140(1).
Hearing Location(s): Office of the Public Disclosure Commission (PDC), 711 Capitol Way, Room 206, Olympia, WA 98504, on Thursday, December 8, 2016, at 9:30 a.m.
Date of Intended Adoption: December 8, 2016.
Submit Written Comments to: Evelyn Fielding-Lopez, P.O. Box 40908, Olympia, WA 98504, e-mail evelyn.lopez@pdc.wa.gov, fax (360) 664-2735, by November 30, 2016.
Assistance for Persons with Disabilities: Contact Jana Greer by e-mail Jana.Greer@pdc.wa.gov, or (360) 753-1985.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new rule establishes a timely filed presumption for mailed reports that are received by PDC within five business days of the statutory filing deadline.
Reasons Supporting Proposal: RCW 42.17A.140(1) provides that the post office cancellation mark be used as the date received for mailed reports. Postage purchased online at stamps.com is not cancelled, which results in the commission frequently receiving mailed reports in envelopes that do not bear a cancellation mark. Having the ability to use the date received to determine whether a report is timely filed resolves the issue presented by a lack of a post office cancellation mark. Furthermore, the commission will realize efficiencies if allowed to stamp one, consistent received date on reports as they are scanned for online access.
Statutory Authority for Adoption: RCW 42.17A.110(1).
Statute Being Implemented: RCW 42.17A.140.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No fiscal impact is expected to result from the proposed rule.
Name of Proponent: PDC, governmental.
Name of Agency Personnel Responsible for Drafting: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; Implementation and Enforcement: Evelyn Lopez, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rule amendments has minimal impact on small business. PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.
A cost-benefit analysis is not required under RCW 34.05.328. PDC is not an agency listed in subsection (5)(1)(i) of RCW 34.05.328. Further, PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subjection [subsection] (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.
October 28, 2016
Lori Anderson
Communications and
Training Officer
NEW SECTION
WAC 390-05-195 Application of RCW 42.17A.140(1).
(1) In accordance with RCW 42.17A.140(1), the date of receipt of any properly addressed application, report, statement, notice, or payment required under the provisions of chapter 42.17A RCW is the date shown by the post office cancellation mark on the envelope. The commission frequently receives mailed items that do not bear a post office cancellation mark.
(2) Any report mailed to the commission under the provisions of chapter 42.17A RCW is presumed to be filed timely if received within five business days of the due date provided for in chapter 42.17A RCW.
(3) A mailed report may not be substituted for a report required to be electronically filed under the provisions of chapter 42.17A RCW.
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