CERTIFICATION OF ENROLLMENT

                        SENATE BILL 6289

                        52nd Legislature

                      1992 Regular Session

Passed by the Senate March 8, 1992   Yeas 46   Nays 0 President of the Senate Passed by the House March 4, 1992   Yeas 95   Nays 0

CERTIFICATE I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6289 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the        House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                        State of Washington

                  _______________________________________________

                                 SENATE BILL 6289

                  _______________________________________________

                              AS AMENDED BY THE HOUSE

                     Passed Legislature - 1992 Regular Session

State of Washington              52nd Legislature             1992 Regular Session

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

Read first time 01/23/92.  Referred to Committee on Governmental Operations.Requiring agencies to accept fax and phone comments at rule-making hearings.

     AN ACT Relating to electronic transmission of comments to administrative rule-making hearings; and amending RCW 34.05.325.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 34.05.325 and 1988 c 288 s 304 are each amended to read as follows:

     (1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule.  Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.

     (2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.

     (3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means.  If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments.  The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.

(4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing.  Rule-making hearings shall be open to the public.  The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means.  Unless the agency head presides or is present at substantially all the hearings, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing.  The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.17 RCW.

     (((4))) (5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment.  Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.