WSR 25-07-106

EXPEDITED RULES

DEPARTMENT OF COMMERCE

[Filed March 19, 2025, 9:58 a.m.]

Title of Rule and Other Identifying Information: Chapter 365-200 WAC, The affordable housing program.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of commerce (DOC) seeks to repeal chapter 365-200 WAC to achieve consistency with current statutory authority. Chapter 365-200 WAC was originally adopted under the authority of RCW 43.185.100 and was last updated in March 1992. RCW 43.185.100 was repealed and recodified in 2023; the recodification to chapter 43.185A RCW did not include rule-making authority. The requirements in chapter 365-200 WAC are either included in chapter 43.185A RCW or have been modernized and updated in the RCW and handbook policies. The proposed repeal will not impact regulations.

Reasons Supporting Proposal: If chapter 365-200 WAC is not repealed, there will be inconsistency between the WAC and the RCW due to the underlying RCW being repealed. The proposal for an expedited repeal is supported by RCW 34.05.353.

Statutory Authority for Adoption: Chapter 43.185 RCW.

Statute Being Implemented: Chapter 43.185A RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DOC, housing division, governmental.

Name of Agency Personnel Responsible for Implementation and Enforcement: Kayla Judd, Housing Division, HPSI Unit, 1011 Plum Street S.E., Olympia, WA 98503, 360-725-3067.

This notice meets the following criteria to use the expedited repeal process for these rules:

The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule.

The rule is no longer necessary because of changed circumstances.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Rule making under RCW 43.185.100 was repealed in 2023, and the replacement chapter 43.185A RCW does not include rule-making authority. Because the statute on which the rule is based was repealed, the rule is no longer necessary.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kayla Judd, DOC, 1011 Plum Street S.E., Olympia, WA 98504, phone 360-725-3067, email kayla.judd@commerce.wa.gov, BEGINNING March 19, 2025, 12 p.m. AND RECEIVED BY May 19, 2025, 5 p.m.

March 19, 2025

Amanda Hathaway

Legislative and Rules Coordinator

RDS-6227.1

The following chapter of the Washington Administrative Code is repealed: