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.