Washington State

House of Representatives

Office of Program Research

Government Reform and  Land Use Committee

BILL ANALYSIS

SSB 6425

Title of the Bill: Clarifying legal authority of an agency head.

What this Bill Does:   Revises requirements for preparation of memoranda summarizing rule-making hearings.

Sponsors:  Senators McCaslin, Haugen and Fraser.

Hearing Date:  2/25/98

Fiscal Note:  Not Requested.

Analysis Prepared By:  Joan Elgee, 786-7135

BACKGROUND:

The state Administrative Procedure Act specifies the procedures agencies must follow when adopting rules.  These procedures include publishing notice of a proposed rule and conducting a rule-making hearing.  The agency head, a member of the agency head, or a presiding officer designated by the agency head must preside at the rule-making hearing.  Unless the agency head presides or is present at substantially all the hearings, the presiding official must prepare a memorandum of the rule-making hearing for consideration by the agency head.  The agency head is the individual or body of individuals in whom the ultimate legal authority of the agency is vested.

SUMMARY:

The requirement to prepare a summarizing memorandum is clarified to include the case where the agency head has delegated rule-making authority.  Regardless of whether the agency head has delegated rule-making authority, the presiding official must prepare a summarizing memorandum unless the agency head presides or appears at substantially all of the hearings.