AN
ACT Relating to extending the powers of the joint administrative rules review
committee; and amending RCW 34.05.630, 34.05.640, and 34.05.655.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
34.05.630 and 1996 c 318 s 4 are each amended to read as follows:
(1)
All rules required to be filed pursuant to RCW 34.05.380, and emergency rules
adopted pursuant to RCW 34.05.350, are subject to selective review by the ((legislature))
committee.
(2)
All agency policy and interpretive statements, guidelines, and documents
that are of general applicability, or their equivalents, are subject to
selective review by the ((legislature)) committee to determine
whether or not a statement, guideline, or document that is of general
applicability, or its equivalent, is being used as a rule that has not been
adopted in accordance with all applicable provisions of law.
(3)
If the rules review committee finds by a majority vote of its members: (a)
That an existing rule is not within the intent of the legislature as expressed
by the statute which the rule implements, (b) that the rule has not been
adopted in accordance with all applicable provisions of law, or (c) that an
agency is using a policy or interpretive statement in place of a rule, the
agency affected shall be notified of such finding and the reasons therefor.
Within thirty days of the receipt of the rules review committee's notice, the
agency shall file notice of a hearing on the rules review committee's finding
with the code reviser and mail notice to all persons who have made timely
request of the agency for advance notice of its rule-making proceedings as
provided in RCW 34.05.320. The agency's notice shall include the rules review
committee's findings and reasons therefor, and shall be published in the
Washington state register in accordance with the provisions of chapter 34.08
RCW.
(4)
The agency shall consider fully all written and oral submissions regarding (a)
whether the rule in question is within the intent of the legislature as
expressed by the statute which the rule implements, (b) whether the rule was
adopted in accordance with all applicable provisions of law, ((or)) and
(c) whether the agency is using a policy or interpretive statement,
guideline, or document that is of general applicability, or its equivalent,
in place of a rule.
Sec.
2. RCW
34.05.640 and 1996 c 318 s 5 are each amended to read as follows:
(1)
Within seven days of an agency hearing held after notification of the agency by
the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected
agency shall notify the committee of its intended action on a proposed or
existing rule to which the committee objected or on a committee finding of the
agency's failure to adopt rules.
(2)
If the rules review committee finds by a majority vote of its members: (a)
That the proposed or existing rule in question will not be modified, amended,
withdrawn, or repealed by the agency so as to conform with the intent of the
legislature, (b) that an existing rule was not adopted in accordance with all
applicable provisions of law, or (c) that the agency will not replace the
policy or interpretive statement, guideline, or document that is of general
applicability, or its equivalent, with a rule, the rules review committee
may, within thirty days from notification by the agency of its intended action,
file with the code reviser notice of its objections together with a concise
statement of the reasons therefor. Such notice and statement shall also be
provided to the agency by the rules review committee.
(3)(a)
If the rules review committee makes an adverse finding regarding an existing
rule under subsection (2) (a) or (b) of this section, the committee may, by a
majority vote of its members, recommend suspension of the rule. Within seven
days of such vote the committee shall transmit to the appropriate standing
committees of the legislature, the governor, the code reviser, and the agency
written notice of its objection and recommended suspension and the concise
reasons therefor. Within thirty days of receipt of the notice, the governor
shall transmit to the committee, the code reviser, and the agency written
approval or disapproval of the recommended suspension. If the suspension is
approved by the governor, it is effective from the date of that approval and
continues until ninety days after the expiration of the next regular
legislative session.
(b)
If the rules review committee makes an adverse finding regarding a policy or
interpretive statement, guideline, or document that is of general
applicability, or its equivalent, under subsection (2)(c) of this section, the
committee may, by a majority vote of its members, advise the governor of its
finding.
(4)
The code reviser shall publish transmittals from the rules review committee or
the governor issued pursuant to subsection (2) or (3) of this section in the
Washington state register and shall publish in the next supplement and
compilation of the Washington Administrative Code a reference to the
committee's objection or recommended suspension and the governor's action on it
and to the issue of the Washington state register in which the full text
thereof appears.
(5)
The reference shall be removed from a rule published in the Washington
Administrative Code if a subsequent adjudicatory proceeding determines that the
rule is within the intent of the legislature or was adopted in accordance with
all applicable laws, whichever was the objection of the rules review committee.
Sec.
3. RCW
34.05.655 and 1996 c 318 s 7 are each amended to read as follows:
(1)
Any person may petition the rules review committee for a review of a proposed
or existing rule or a proposed or existing policy or interpretive
statement, guideline, or document that is of general applicability, or its
equivalent. A petition to review a statement, guideline, or document that is
of general applicability, or its equivalent, may only be filed for the purpose
of requesting the committee to determine whether the statement, guideline, or
document that is of general applicability, or its equivalent, is being used as
a rule that has not been adopted in accordance with all provisions of law.
Within thirty days of the receipt of the petition, the rules review committee
shall acknowledge receipt of the petition and describe any initial action
taken. If the rules review committee rejects the petition, a written statement
of the reasons for rejection shall be included.
(2)
A person may petition the rules review committee under subsection (1) of this
section requesting review of an existing rule only if the person has petitioned
the agency to amend or repeal the rule under RCW 34.05.330(1) and such petition
was denied.
(3)
A petition for review of a rule under subsection (1) of this section shall:
(a)
Identify with specificity the proposed or existing rule to be reviewed;
(b)
Identify the specific statute identified by the agency as authorizing the rule,
the specific statute which the rule interprets or implements, and, if
applicable, the specific statute the department is alleged not to have followed
in adopting the rule;
(c)
State the reasons why the petitioner believes that the rule is not within the
intent of the legislature, or that its adoption was not or is not in accordance
with law, and provide documentation to support these statements;
(d)
Identify any known judicial action regarding the rule or statutes identified in
the petition.
A
petition to review an existing rule shall also include a copy of the agency's
denial of a petition to amend or repeal the rule issued under RCW 34.05.330(1)
and, if available, a copy of the governor's denial issued under RCW 34.05.330(3).
(4)
A petition for review of a policy or interpretive statement, guideline, or
document that is of general applicability, or its equivalent, under
subsection (1) of this section shall:
(a)
Identify the specific policy or interpretative statement, guideline,
or document that is of general applicability, or its equivalent, to be
reviewed;
(b)
Identify the specific statute which the rule interprets or implements;
(c)
State the reasons why the petitioner believes that the policy or
interpretive statement, guideline, or document that is of general
applicability, or its equivalent, meets the definition of a rule under RCW
34.05.010 and should have been adopted according to the procedures of this
chapter;
(d)
Identify any known judicial action regarding the policy or interpretive
statement, guideline, or document that is of general applicability, or its
equivalent, or statutes identified in the petition.
(5)
Within ninety days of receipt of the petition, the rules review committee shall
make a final decision on the rule for which the petition for review was not
previously rejected.
