SENATE BILL REPORT
SB 5371
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As Reported by Senate Committee On:
Government Operations & Security, February 19, 2015
Title: An act relating to limitations on agency declaratory orders.
Brief Description: Modifying limitations on agency declaratory orders.
Sponsors: Senators Dansel, Padden, Honeyford and Roach.
Brief History:
Committee Activity: Government Operations & Security: 2/02/15, 2/19/15 [DP, DNP].
SENATE COMMITTEE ON GOVERNMENT OPERATIONS & SECURITY |
Majority Report: Do pass.
Signed by Senators Roach, Chair; Benton, Vice Chair; Pearson, Vice Chair; Dansel.
Minority Report: Do not pass.
Signed by Senators Liias, Ranking Minority Member; Habib and McCoy.
Staff: Curt Gavigan (786-7437)
Background: Administrative Procedure Act (APA) Generally. The APA establishes the general procedures for agency rulemaking and adjudicatory proceedings.
Under the APA, a rule includes an agency order, directive, or regulation of general applicability that:
could result in a penalty or sanction;
establishes a process for agency hearings;
addresses qualifications or requirements relating to benefits or privileges conferred by law; and
addresses qualifications or standards for commercial activity or professional licenses professions.
Declaratory Orders. A person may petition an agency for a declaratory order on how a rule, order, or statute applies in specific circumstances. A petition must include information, including that shows:
there is uncertainty requiring resolution;
there is an actual controversy; and
the adverse impact of the uncertainty on the petitioner outweighs adverse impacts on others from issuing the order.
However, an agency may not issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the declaratory order process.
Summary of Bill: An agency is prohibited from issuing a declaratory order that would substantially prejudice the rights of a necessary party who does not consent in writing to the declaratory order process only if they are not named as a party to the proceeding.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: This bill would promote the ability of citizens to use the declaratory order process.
Persons Testifying: PRO: Senator Dansel, prime sponsor; Cindy Alia, Citizens Alliance for Property Rights; Ed Moats, citizen.