H-3643.1  _______________________________________________

                          HOUSE BILL 2780

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Holmquist, Clements, McMorris, Mulliken, Chandler, Boldt, Nixon, Mielke, Lisk, Morell, Schoesler, Pflug, Benson and Woods

Read first time 01/28/2002.  Referred to Committee on State Government.

Providing businesses with notice of administrative rules.

    AN ACT Relating to providing businesses with notice of administrative rules; adding a new section to chapter 34.05 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that many businesses in the state are frustrated by the complexity of the regulatory system.  The Washington Administrative Code containing agency rules now fills twelve volumes, and appears to be growing each year.  While the vast majority of businesses make a good faith attempt to comply with applicable laws and rules, many find it extremely difficult to keep up with agencies' issuance of new rules and requirements.  Therefore, state agencies are directed to make a good faith attempt to notify businesses affected by rule changes that may subject noncomplying businesses to penalties.

NEW SECTION. Sec. 2.  A new section is added to chapter 34.05 RCW to read as follows:

    Within two hundred days of the effective date of a rule that imposes additional requirements on businesses the violation of which subjects the business to a penalty, assessment, or administrative sanction, an agency shall make a good faith effort to notify businesses affected by the rule of the requirements of the rule and how to obtain technical assistance to comply.  For purposes of this section, "good faith" means:  (1) The agency at least notifies businesses in the standard industrial classifications or their successor identified in the rule-making file as businesses affected by the rule that are registered with the department of revenue; or (2) for rules imposing additional requirements only on persons or firms licensed, registered, or operating under a permit, the agency notifies those persons or firms holding the license, registration, or permit.  The notification shall announce the rule change, briefly summarize the rule change, and include a contact for more information.  Notification may be by individual notice, agency bulletins or newsletters, or any other means that will reasonably inform affected businesses.  Failure to notify a specific business under this section does not invalidate a rule or waive the requirement to comply with the rule.

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