S-3702.1  _______________________________________________

                         SENATE BILL 6172

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senator McCaslin

Read first time 01/12/98.  Referred to Committee on Government Operations.

Clarifying requirements for service of petitions for review on agencies.

    AN ACT Relating to service of petitions for judicial review of agency actions; and amending RCW 34.05.542.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 34.05.542 and 1988 c 288 s 509 are each amended to read as follows:

    Subject to other requirements of this chapter or of another statute:

    (1) A petition for judicial review of a rule may be filed at any time, except as limited by RCW 34.05.375.

    (2) A petition for judicial review of an order shall be filed with the court and served on the agency, the office of the attorney general, and all parties of record within thirty days after service of the final order.

    (3) A petition for judicial review of agency action other than the adoption of a rule or the entry of an order is not timely unless filed with the court and served on the agency, the office of the attorney general, and all other parties of record within thirty days after the agency action, but the time is extended during any period that the petitioner did not know and was under no duty to discover or could not reasonably have discovered that the agency had taken the action or that the agency action had a sufficient effect to confer standing upon the petitioner to obtain judicial review under this chapter.

    (4) Service of the petition on the agency shall be by delivery of a copy of the petition to the office of the director, or other chief administrative officer or chairperson of the agency, at the principal office of the agency.  Service of a copy by mail upon the other parties of record and the office of the attorney general shall be deemed complete upon deposit in the United States mail, as evidenced by the postmark.

    (5) Failure to timely serve a petition on the office of the attorney general is not grounds for dismissal of the petition.

(6) For purposes of this section, service upon the attorney of record of any agency or party of record constitutes service upon the agency or party of record.

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