SENATE BILL REPORT

 

                                    SB 6289

 

                      AS PASSED SENATE, FEBRUARY 12, 1992

 

 

Brief Description:  Requiring agencies to accept fax and phone comments at rule‑making hearings.

 

SPONSORS: Senators Bauer, Sellar, Gaspard, Newhouse, Sutherland, Snyder, Owen, Madsen, McMullen, Vognild and Rasmussen

 

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

 

Majority Report:  Do pass. 

      Signed by Senators McCaslin, Chairman; Roach, Vice Chairman; Madsen, and Sutherland.

 

Staff:  Barbara Howard (786‑7410)

 

Hearing Dates: February 3, 1992

 

HOUSE COMMITTEE ON STATE GOVERNMENT

 

 

BACKGROUND:

 

There is no specific provision in the Administrative Procedure Act for transmitting comments by electronic media for a rule-making hearing.

 

SUMMARY:

 

If possible, a rule-making agency must accept comments by telefacsimile transmission or telephonic communication if suitable equipment is available.  Appropriate telephone numbers must be included in the notice of a rule adoption hearing.

 

Appropriation:  none

 

Revenue:  none

 

Fiscal Note:  none requested

 

TESTIMONY FOR:

 

This was among the recommendations of the Small Business Improvement Council and would reduce the burdens of regulation on those who must comply.

 

TESTIMONY AGAINST:  None

 

TESTIFIED:  Gary Smith, Independent Business Association (pro)

 

HOUSE AMENDMENT(S):

 

An agency may include in its rule adoption notice the fact that interested parties may comment on proposed rules by telefacsimile or recorded telephonic communications if appropriate equipment is available.

 

The notice must include instructions for such comments, including appropriate telephone numbers, the time by which comments must be received, methods for verifying receipt and authenticity of the comments, and any limitation on the number of pages allowed.  If the comments conform to the agency's instructions, they may be included in the official record.