S-1495.1 _______________________________________________
SENATE BILL 5794
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State of Washington 53rd Legislature 1993 Regular Session
By Senators Moore, Amondson and Jesernig
Read first time 02/15/93. Referred to Committee on Labor & Commerce.
AN ACT Relating to administrative law; and adding a new section to chapter 34.05 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 34.05 RCW to read as follows:
In addition to other requirements imposed by law, an agency may not adopt a rule that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession unless:
(1) The rule-making file provides clear and convincing evidence that: (a) The particular rule is needed; (b) the benefits of the particular rule outweigh its costs; (c) the agency considered any other less intrusive or less costly means to achieve the purpose of the rule that were proposed in the rule-making hearing, but had reasonable justification for rejecting them in favor of the adopted rule; and (d) a fee imposed by the rule is reasonable and directly related to the cost of program administration;
(2) To the extent practicable, the rule is clearly and simply stated, so that it will be understood by a party required to comply;
(3) The rule does not conflict with, or, without reasonable justification, overlap or duplicate, any other provision of federal, state, or local law; and
(4) The agency has a written plan to inform and educate affected parties about the rule, to promote voluntary compliance, and to evaluate whether the rule achieves the purpose for which it was adopted.
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