CERTIFICATION OF ENROLLMENT

SENATE BILL 6172

Chapter 186, Laws of 1998

55th Legislature

1998 Regular Session

SERVICE OF PETITIONS FOR JUDICIAL REVIEW OF AGENCY ACTIONS--CLARIFICATION OF PERSONS TO BE SERVED

EFFECTIVE DATE: 6/11/98

Passed by the Senate February 12, 1998

YEAS 46 NAYS 0

BRAD OWEN

President of the Senate

Passed by the House March 4, 1998

YEAS 98 NAYS 0

CERTIFICATE

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6172 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD

Speaker of the

House of Representatives

MIKE O'CONNELL

Secretary

Approved March 27, 1998

FILED

March 27, 1998 - 3:28 p.m.

GARY LOCKE

Governor of the State of Washington

Secretary of State

State of Washington

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SENATE BILL 6172

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Passed Legislature - 1998 Regular Session

State of Washington 55th Legislature 1998 Regular Session

By Senator McCaslin

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

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.