1864 AMH JUDI HUTC 22

HB 1864 - H COMM AMD ADOPTED 3/9/01

By Committee on Judiciary

     On page 11, after line 12, insert the following:

  "NEW SECTION. Sec. 6. (1)  The Legislature's delegation of authority to an agency under this act is strictly limited to:

  (a)  The minimum delegation necessary to administer the act's clear and unambiguous directives; and

  (b)  The administration of circumstances and behaviors foreseeable at the time of enactment. 

  (2)  Agency actions or rules authorized by this act are subject to the following additional standards of judicial review, which supercede RCW 34.05.570(1) and (2) to the extent of any conflict:

  (a)  Agencies bear the burden of demonstrating that the agency action:

  (i)   Was authorized by law; and

  (ii)  Was valid, when the interest of a party asserting invalidity arises from agency actions imposing a penalty on  the asserting party;

  (b)  The validity of a rule may be determined upon petition for declaratory judgment addressed to any superior court in this state; and

  (c)  In determining whether, under RCW 34.05.570(2)(c), a rule exceeds the agency's statutory authority, the court must also consider whether the rule exceeds the limited delegation under subsection (1) of this section."

  Correct the title.

EFFECT:  Provides that the rule-making authority granted under the act is subject to certain standards of judicial review that are in addition to, or supercede, those in the Administrative Procedure Act.