_______________________________________________
SENATE
BILL 6289
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
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.
Passed the
Senate March 8, 1992.
Passed the
House March 4, 1992.
Approved by the Governor March 26, 1992.
Filed in Office of Secretary
of State March 26, 1992.
