H-3722.1 _______________________________________________
HOUSE BILL 2336
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representatives Stevens, Fuhrman, Schoesler, Basich, Elliot, Johnson, Hargrove, Boldt, Sheldon, Campbell, Smith, Hymes, Thompson, Carlson, Mulliken, McMahan and Benton
Read first time 01/10/96. Referred to Committee on Natural Resources.
AN ACT Relating to requiring approval of a majority of members of the fish and wildlife commission to adopt rules; and amending RCW 77.04.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 77.04.090 and 1995 c 403 s 111 are each amended to read as follows:
The
commission shall adopt permanent rules and amendments to or repeals of existing
rules by approval of ((four)) five members by resolution, entered
and recorded in the minutes of the commission: PROVIDED, That the commission
may not adopt rules after July 23, 1995, that are based solely on a section of
law stating a statute's intent or purpose, on the enabling provisions of the
statute establishing the agency, or on any combination of such provisions, for
statutory authority to adopt any rule. The commission shall adopt emergency
rules by approval of ((four)) five members. The commission or
the director, when adopting emergency rules under RCW 77.12.150, shall adopt
rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of
the rules filed and published as provided in RCW 34.05.380 and 34.05.210.
A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
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