AN ACT Relating to
reauthorizing the expedited rule adoption process; amending RCW 34.05.230;
adding a new section to chapter 34.05 RCW; and repealing RCW 34.05.354.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 34.05.230 and 1997 c
409 s 202 are each amended to read as follows:
(1) ((An agency may
file notice for the expedited adoption of rules in accordance with the
procedures set forth in this section for rules meeting any one of the following
criteria:
(a) The proposed
rules relate only to internal governmental operations that are not subject to
violation by a person;
(b) The proposed
rules adopt or incorporate by reference without material change federal
statutes or regulations, Washington state statutes, rules of other Washington
state agencies, shoreline master programs other than those programs governing
shorelines of state-wide significance, or, as referenced by Washington state
law, national consensus codes that generally establish industry standards, if
the material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(c) The proposed
rules only correct typographical errors, make address or name changes, or
clarify language of a rule without changing its effect;
(d) The content of
the proposed rules is explicitly and specifically dictated by statute;
(e) The proposed
rules have been the subject of negotiated rule making, pilot rule making, or
some other process that involved substantial participation by interested
parties before the development of the proposed rule; or
(f) The proposed
rule is being amended after a review under RCW 34.05.328 or section 210 of this
act.
(2) The expedited
rule-making process must follow the requirements for rule making set forth in
RCW 34.05.320, except that the agency is not required to prepare a small
business economic impact statement under RCW 19.85.025, a statement indicating
whether the rule constitutes a significant legislative rule under RCW 34.05.328(5)(c)(iii),
or a significant legislative rule analysis under RCW 34.05.328. An agency is
not required to prepare statements of inquiry under RCW 34.05.310 or conduct a
hearing for the expedited adoption of rules. The notice for the expedited
adoption of rules must contain a statement in at least ten-point type, that is
substantially in the following form:
NOTICE
THIS
RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS
THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A
SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA
FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED
USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING
AND THEY MUST BE SENT TO (INSERT NAME AND ADDRESS) AND RECEIVED BY (INSERT
DATE).
(3) The agency shall
send a copy of the notice of the proposed expedited rule making to any person
who has requested notification of proposals for the expedited adoption of rules
or of agency rule making, as well as the joint administrative rules review committee,
within three days after its publication in the Washington State Register. An
agency may charge for the actual cost of providing a requesting party mailed
copies of these notices. The notice of the proposed expedited rule making must
be preceded by a statement substantially in the form provided in subsection (2)
of this section. The notice must also include an explanation of the reasons
the agency believes the expedited adoption of the rule is appropriate.
(4) The code reviser
shall publish the text of all rules proposed for expedited adoption along with
the notice required in this section in a separate section of the Washington
State Register. Once the text of the proposed rules has been published in the
Washington State Register, the only changes that an agency may make in the text
of these proposed rules before their final adoption are to correct
typographical errors.
(5) Any person may
file a written objection to the expedited adoption of a rule. The objection
must be filed with the agency rules coordinator within forty-five days after
the notice of the proposed expedited rule making has been published in the
Washington State Register. A person who has filed a written objection to the
expedited adoption of a rule may withdraw the objection.
(6) If no written
objections to the expedited adoption of a rule are filed with the agency within
forty-five days after the notice of proposed expedited rule making is
published, or if all objections that have been filed are withdrawn by the
persons filing the objections, the agency may enter an order adopting the rule
without further notice or a public hearing. The order must be published in the
manner required by this chapter for any other agency order adopting, amending,
or repealing a rule.
(7) If a written
notice of objection to the expedited adoption of the rule is timely filed with
the agency and is not withdrawn, the notice of proposed expedited rule making
published under this section is considered a statement of inquiry for the
purposes of RCW 34.05.310, and the agency may initiate further rule adoption
proceedings in accordance with this chapter.
(8) Subsections (1)
through (8) of this section expire on December 31, 2000.
an [An])) An agency is encouraged to advise the
public of its current opinions, approaches, and likely courses of action by
means of interpretive or policy statements. Current interpretive and policy
statements are advisory only. To better inform and involve the public, an
agency is encouraged to convert long-standing interpretive and policy
statements into rules.
(2) A person may
petition an agency requesting the conversion of interpretive and policy
statements into rules. Upon submission, the agency shall notify the joint
administrative rules review committee of the petition. Within sixty days after
submission of a petition, the agency shall either deny the petition in writing,
stating its reasons for the denial, or initiate rule-making proceedings in
accordance with this chapter.
(((11))) (3)
Each agency shall maintain a roster of interested persons, consisting of
persons who have requested in writing to be notified of all interpretive and
policy statements issued by that agency. Each agency shall update the roster
once each year and eliminate persons who do not indicate a desire to continue
on the roster. Whenever an agency issues an interpretive or policy statement,
it shall send a copy of the statement to each person listed on the roster. The
agency may charge a nominal fee to the interested person for this service.
(((12))) (4)
Whenever an agency issues an interpretive or policy statement, it shall submit
to the code reviser for publication in the Washington State Register a
statement describing the subject matter of the interpretive or policy
statement, and listing the person at the agency from whom a copy of the
interpretive or policy statement may be obtained.
NEW SECTION. Sec.
2. A new section is added
to chapter 34.05 RCW to read as follows:
(1) An agency may file
notice for the expedited adoption of rules in accordance with the procedures
set forth in this section for rules meeting any one of the following criteria:
(a) The proposed rules
relate only to internal governmental operations that are not subject to
violation by a person;
(b) The proposed rules
adopt or incorporate by reference without material change federal statutes or
regulations, Washington state statutes, rules of other Washington state
agencies, shoreline master programs other than those programs governing
shorelines of statewide significance, or, as referenced by Washington state
law, national consensus codes that generally establish industry standards, if
the material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(c) The proposed rules
only correct typographical errors, make address or name changes, or clarify
language of a rule without changing its effect;
(d) The content of the
proposed rules is explicitly and specifically dictated by statute;
(e) The proposed rules
have been the subject of negotiated rule making, pilot rule making, or some
other process that involved substantial participation by interested parties
before the development of the proposed rule; or
(f) The proposed rule
is being amended after a review under RCW 34.05.328.
(2) An agency may file
notice for the expedited repeal of rules under the procedures set forth in this
section for rules meeting any one of the following criteria:
(a) The statute on
which the rule is based has been repealed and has not been replaced by another
statute providing statutory authority for the rule;
(b) The statute on
which the rule is based has been declared unconstitutional by a court with
jurisdiction, there is a final judgment, and no statute has been enacted to
replace the unconstitutional statute;
(c) The rule is no
longer necessary because of changed circumstances; or
(d) Other rules of the
agency or of another agency govern the same activity as the rule, making the
rule redundant.
(3) The expedited
rule-making process must follow the requirements for rule making set forth in
RCW 34.05.320, except that the agency is not required to prepare a small
business economic impact statement under RCW 19.85.025, a statement indicating
whether the rule constitutes a significant legislative rule under RCW
34.05.328(5)(c)(iii), or a significant legislative rule analysis under RCW
34.05.328. An agency is not required to prepare statements of inquiry under
RCW 34.05.310 or conduct a hearing for the expedited rule making. The notice
for the expedited rule making must contain a statement in at least ten-point
type, that is substantially in the following form:
NOTICE
THIS
RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL
ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL
BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A
SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING
PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO
(INSERT NAME AND ADDRESS) AND RECEIVED BY (INSERT DATE).
(4) The agency shall
send a copy of the notice of the proposed expedited rule making to any person
who has requested notification of proposals for expedited rule making or of
regular agency rule making, as well as the joint administrative rules review committee,
within three days after its publication in the Washington State Register. An
agency may charge for the actual cost of providing a requesting party mailed
copies of these notices. The notice of the proposed expedited rule making must
be preceded by a statement substantially in the form provided in subsection (3)
of this section. The notice must also include an explanation of the reasons
the agency believes the expedited rule-making process is appropriate.
(5) The code reviser
shall publish the text of all rules proposed for expedited adoption, and the
citation and caption of all rules proposed for expedited repeal, along with the
notice required in this section in a separate section of the Washington State
Register. Once the notice of expedited rule making has been published in the
Washington State Register, the only changes that an agency may make in the
noticed materials before their final adoption or repeal are to correct
typographical errors.
(6) Any person may file
a written objection to the expedited rule making. The objection must be filed
with the agency rules coordinator within forty-five days after the notice of
the proposed expedited rule making has been published in the Washington State
Register. A person who has filed a written objection to the expedited rule
making may withdraw the objection.
(7) If no written
objections to the expedited rule making are filed with the agency within
forty-five days after the notice of proposed expedited rule making is
published, or if all objections that have been filed are withdrawn by the
persons filing the objections, the agency may enter an order adopting or
repealing the rule without further notice or a public hearing. The order must
be published in the manner required by this chapter for any other agency order
adopting, amending, or repealing a rule.
(8) If a written notice
of objection to the expedited rule making is timely filed with the agency and
is not withdrawn, the notice of proposed expedited rule making published under
this section is considered a statement of inquiry for the purposes of RCW
34.05.310, and the agency may initiate further rule-making proceedings in
accordance with this chapter.
(9) As used in this
section, "expedited rule making" includes both the expedited adoption
of rules and the expedited repeal of rules.
NEW
SECTION. Sec. 3. RCW 34.05.354 (Expedited repeal) and
1998 c 280 s 6, 1997 c 409 s 208, & 1995 c 403 s 701 are each repealed.
