2261-S AMH BOLD JWG 183

SHB 2261 - H AMD 512 FAILED 4/25/03

By Representative Boldt

   On page 10, after line 18, insert the following:

   "NEW SECTION. Sec. 18. (1) The legislature's delegation of authority to the department 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) Department 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) The department bears the burden of demonstrating that the department's action:

   (i) Was authorized by law; and

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

   (b) The validity of a department 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 department rule exceeds the department's statutory authority, the court must also consider whether the rule exceeds the limited delegation under subsection (1) of this section."

Renumber remaining sections and correct the title.

EFFECT: Provides that the legislature's delegation of authority to the department under this act is strictly limited to the minimum delegation necessary to administer the act's clear and unambiguous directives and the administration of circumstances and behaviors foreseeable at the time of enactment; that in the event of any conflict the department bears the burden of demonstrating that the department's action was authorized by law and was valid; that the validity of a rule may be determined upon petition for declaratory judgment addressed to any superior court in this state; and that in determining whether a department rule exceeds the department's statutory authority, the court must also consider whether the rule exceeds the limited delegation provided under this section.