WSR 17-12-039

PERMANENT RULES

OFFICE OF THE CODE REVISER

[Filed June 1, 2017, 10:58 a.m., effective August 2, 2017, 12:01 p.m.]

Effective Date of Rule: August 2, 2017, 12:01 p.m.

Purpose: The purpose of this amendment is to accommodate the new CR forms and the methods used to complete the forms. In the past, we have asked agencies to add attachments on separate pages so the CR forms stay on the same page. This will no longer be necessary. The office of the code reviser is in the process of revamping the CR forms to incorporate changes requested by the governor's office, state agencies, and the public. Some of these changes to the forms include, but are not limited to:

•	Moving the area for the official stamp to be affixed to the top right of the forms. This is being done to allow areas in the form to expand to include all the information to answer each question, with no attachments necessary.
•	Adding a Regulatory Fairness Act cost consideration exemption check list.
•	Adding an area for the agency to briefly summarize the agency's analysis showing how costs were calculated where the proposal is not exempt but it does not impose more-than-minor costs on businesses.
•	Adding a checklist for the criteria being used for an agency using the expedited process and the reason for using that process.

WAC 1-21-040 states "The office of the code reviser's filing forms are not included in this page count, but all other material submitted for filing is counted for purposes of this section, excluding federal rules that are not published in the Washington State Register." Since the forms will now expand to allow for no attachments being needed, we need to include the forms in the page count.

Citation of Existing Rules Affected by this Order: Amending WAC 1-21-040.

Statutory Authority for Adoption: RCW 1.08.110, 34.05.385, 34.08.020, and 34.08.030.

Adopted under notice filed as WSR 17-07-074 on March 16, 2017.

Changes Other than Editing from Proposed to Adopted Version: After discussion with several agencies, we have increased the page count from twelve to fourteen and thirty-two to thirty-four. By doing this, there is less burden on the agencies using the forms.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 31, 2017.

K. Kyle Thiessen

Code Reviser

AMENDATORY SECTION (Amending WSR 06-16-019, filed 7/24/06, effective 8/24/06)

WAC 1-21-040 Washington State Register material—Time for filing.

To permit sufficient lead time for the editorial, data capture, and printing process, material to be published in a particular issue of the Washington State Register must be in the physical possession of and filed in the office of the code reviser according to the following schedule:

(1) If the material has been prepared and completed by the office of the code reviser's order typing service (OTS), by 12:00 noon on the fourteenth day before the distribution date of that issue of the Washington State Register; or

(2) If the material has been prepared by any means other than OTS and it contains:

(a) No more than ((ten)) fourteen pages, by 12:00 noon on the fourteenth day before the distribution date of that Washington State Register; or

(b) More than ((ten)) fourteen but less than ((thirty)) thirty-four pages, by 12:00 noon on the twenty-eighth day before the distribution date of that Washington State Register; or

(c) ((Thirty)) Thirty-four or more pages, by 12:00 noon on the forty-second day before the distribution date of that Washington State Register.

The office of the code reviser's filing forms ((are not)) will be included in this page count((, but all other material submitted for filing is counted for purposes of this section, excluding federal rules that are not published in the Washington State Register)).