H-1018.1 _______________________________________________
HOUSE BILL 1616
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Representatives Mastin and Chappell
Read first time 02/01/95. Referred to Committee on Government Operations.
AN ACT Relating to emergency rules; and amending RCW 34.05.350.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 34.05.350 and 1994 c 249 s 3 are each amended to read as follows:
(1) ((If an agency
for good cause finds:
(a) That immediate
adoption, amendment, or repeal of a rule is necessary for the preservation of
the public health, safety, or general welfare, and that observing the time
requirements of notice and opportunity to comment upon adoption of a permanent
rule would be contrary to the public interest; or
(b) That state or)) A rule, an amendment to a rule, or the
repeal of a rule may be adopted on an emergency basis as provided by this
section for emergency rules. An emergency rule may be adopted:
(a) To implement or facilitate an order of the governor issued pursuant to a state of emergency proclaimed by the governor under RCW 43.06.010 and 43.06.200 through 43.06.270;
(b) To respond to an emergency or disaster under chapter 38.52 RCW;
(c) To respond to an immediate threat to the public health posed by a pathogen, unregulated drug, or contaminated article of commerce; or
(d) To comply with a
court order or a federal law or federal rule ((or a federal deadline for
state receipt of federal funds)) that requires the immediate
adoption of a rule((,
the agency may dispense
with those requirements and adopt, amend, or repeal the rule on an emergency
basis)) or that requires the immediate
adoption of a rule for the state's receipt of federal funds. The agency's
finding that one or more of (a) through (d) of this subsection apply to the
emergency rule and a concise statement of the reasons for its finding shall
be incorporated in the order for adoption of the emergency rule or amendment
filed with the office of the code reviser under RCW 34.05.380 and with the
rules review committee.
(2) An emergency rule adopted under this section takes effect upon filing with the code reviser, unless a later date is specified in the order of adoption, and may not remain in effect for longer than one hundred twenty days after filing. Identical or substantially similar emergency rules may not be adopted in sequence unless conditions have changed or the agency has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. This section does not relieve any agency from compliance with any law requiring that its permanent rules be approved by designated persons or bodies before they become effective.
(3) Within seven days after the rule is adopted, any person may petition the governor requesting the immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010. Within seven days after submission of the petition, the governor shall either deny the petition in writing, stating his or her reasons for the denial, or order the immediate repeal of the rule. In ruling on the petition, the governor shall consider only whether the conditions in subsection (1) of this section were met such that adoption of the rule on an emergency basis was necessary. If the governor orders the repeal of the emergency rule, any sanction imposed based on that rule is void. This subsection shall not be construed to prohibit adoption of any rule as a permanent rule.
(4) In adopting an emergency rule, the agency shall comply with section 4 of this act or provide a written explanation for its failure to do so.
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