FINALE BILL REPORT

SSB 5058

                                  C 451 L 87

BYSenate Committee on Governmental Operations (originally sponsored by Senators Halsan, Deccio, Johnson, Talmadge, Hansen, Lee, McDonald, Nelson, Anderson, Hayner and Saling; by request of Joint Administrative Rules Review Committee)

Strengthening authority of the legislature over agency rule-making.

Senate Committee on Governmental Operations

House Committe on State Government

SYNOPSIS AS ENACTED

BACKGROUND:

The Joint Administrative Rules Review Committee (Committee) reviews proposed and existing administrative rules of state agencies to determine whether the rules comply with legislative intent.  The Committee, which consists of four Senators and four Representatives, is bipartisan.

If the Committee finds that a proposed or existing rule does not comply with legislative intent, it notifies the agency of its decision.  If the agency does not amend, modify, withdraw or repeal the rule to conform to this finding, the Committee may file an objection and statement of the reasons for the objection with the Code Reviser.  The Code Reviser then publishes the Committee's objections and statement in the Washington State Register.  A reference to the Committee's objection is published in the next compilation of the Washington Administrative Code if the rule is adopted by the agency.  The reference appears as a footnote to the rule.

Many states have adopted review procedures that enable administrative rules to be suspended if they are found to be outside of legislative intent.

It is suggested that agencies occasionally will use policy statements in the place of formally adopted administrative rules, thus effectively circumventing the public notice, opportunity for comment, and hearing procedures established by the Administrative Procedure Act.  These policy statements are not published in the Register or Administrative Code, nor are they reviewed by the Joint Administrative Rules Review Committee.

SUMMARY:

I.  SUSPENSION OF ADMINISTRATIVE RULES

When the Joint Administrative Rules Review Committee (Committee) finds that an existing agency rule does not comply with legislative intent, and the agency does not modify or repeal the rule to conform to this finding, the Committee may recommend suspension of the rule by a two-thirds vote of its members.  Within seven days of the vote to recommend suspension of an agency rule, the Committee must transmit its findings to the Governor, the Code Reviser and the agency.

Within 30 days of the Governor's receipt of the Committee's findings, the Governor must transmit approval or disapproval of the recommended suspension to the Committee, the Code Reviser, and the agency.  If the Governor approves the recommendation, the suspension of the rule is effective from the date of the approval and continues until 90 days after the end of the next regular legislative session.

The Committee's recommended suspension of an administrative rule and the Governor's response to it are published in the Washington State Register.  A reference to these actions is published in the next compilation of the Washington Administrative Code.

II.  PROPOSED ADMINISTRATIVE RULES

If the Joint Administrative Rules Review Committee finds that a proposed administrative rule does not comply with legislative intent, the Committee's decision must be considered by the affected agency if it holds a hearing on the proposed rule.

III.  POLICY STATEMENTS, GUIDELINES AND ISSUANCES

The Joint Administrative Rules Review Committee is authorized to review an agency's use of policy statements, guidelines, and issuances that are of general applicability to determine whether these policy statements, guidelines and issuances should have been adopted as administrative rules.  If the Committee finds that an agency is using a policy statement, guideline, or issuance in place of a rule, the agency must hold a hearing to consider the Committee's findings.

If the agency fails to hold the required hearing, fails to notify the Committee of its action on the Committee's findings, or continues to use a policy statement, guideline or issuance in place of a rule, the Committee may file an objection and a statement of the reasons for the objection.  The objection and statement are published in the Washington State Register.  A reference to the Committee's objection is published in the next compilation of the Washington Administrative Code.

VOTES ON FINAL PASSAGE:

      Senate    47     1

      House 94   2 (House amended)

      Senate             (Senate refused to concur)

      House              (House refused to recede)

Free Conference Committee

      House 96   0

      Senate    48     0

EFFECTIVE:July 26, 1987