PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 17, 2023, 10:56 a.m.]

Subject of Possible Rule Making: Standards for determining when documents cannot be filed and must be rejected by county recording offices throughout Washington.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 65.24.040, 40.14.020.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Washington legislature tasked the office of the secretary of state with creating and appointing a recording standards commission under RCW 65.24.040. The recording standards commission shall make recommendations to the office of the secretary of state for potential rule making regarding recording standards and practices including standards governing rejection of documents submitted for recording to county recording offices. Inconsistent rejection of documents submitted for recording to county recording offices creates confusion, unnecessary delay, undue burden, and other impediments to the recording of documents. Proposed rule making will harmonize the standards and practices of recording offices and recording officers in Washington leading to more predictable and consistent standards across the state, better customer service for document submitters, and more efficiency within recording offices.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Alex Goodell, Washington State Archives, 960 Washington Street, Cheney, WA 99004, phone 509-235-7500 ext. 105, email rsc@sos.wa.gov, website www.sos.wa.gov.

Deputy Secretary of State