SENATE BILL REPORT

SSB 5058

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

Senate Hearing Date(s):January 29, 1987

Majority Report:  That Substitute Senate Bill No. 5058 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, McCaslin, Talmadge, Zimmerman.

Senate Staff:Sam Thompson (786-7754); Walt Corneille (786-7452)

                  April 8, 1987

AS PASSED SENATE, FEBRUARY 23, 1987

BACKGROUND:

The Administrative Procedure Act (APA) governs the procedure for the adoption of an administrative rule by state agencies.  An administrative rule is defined by the APA as an agency order, directive or regulation of general applicability.

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

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 legislative intent, the Committee may file a notice of objection and a statement of its reasons with the Code Reviser.  The Code Reviser, in turn, publishes the Committee's objections in the Washington State Register and a reference to the objections in the Washington Administrative Code.

Other than the publication of its objections, the Committee's powers are advisory.

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

It is suggested that agencies occasionally substitute policy statements for formally adopted administrative rules, effectively circumventing the public notice, opportunity for comment, and hearing procedures established by the APA.  These policy statements are not published in the Washington State Register or Washington Administrative Code, compilations of proposed and existing administrative rules.

SUMMARY:

The Joint Administrative Rules Review Committee (JARRC) is authorized to temporarily suspend the effectiveness of existing agency administrative rules.  When the Committee determines that a rule does not conform with the intent of the Legislature, it may suspend the rule by a two-thirds vote of its members.

If the Governor approves the suspension of the rule, the suspension is effective from the date of the approval and continues until 90 days after the end of the next legislative session.

Notice of the Committee's objections and a statement of its reasons is transmitted to the Governor within seven days of the vote to suspend the rule.  Within seven days of the receipt of the notice, the Governor transmits to the Committee and the Code Reviser written approval or disapproval of the suspension.

The Committee's suspension of a rule and the Governor's action on it are published in the Washington State Register and the Washington Administrative Code.

The JARRC is also authorized to review an agency's use of policy statements, guidelines, issuances or their equivalents.  The Committee determines whether an administrative rule should have been adopted.

If the Committee finds that a rule should have been adopted, and the agency then fails to comply with the Committee's decision, the Committee's objection and statement of reasons are published in the Washington State Register.  A reference to the objection is then published in the next compilation of the Washington Administrative Code.

When the Committee finds that a proposed administrative rule is outside of legislative intent, the Committee may require the agency to hold a hearing to consider its decision.

Fiscal Note:      none requested

Senate Committee - Testified: Carter Mitchell, Liquor Control Board; Mike Ryherd, Washington State Medical Association; Jerry Farley, Washington State Pyrotechnics Association; Betty Buckley, Department of Labor and Industries

HOUSE AMENDMENTS:

The Joint Administrative Rules Review Committee (JARRC) can only recommend to the Governor that an existing rule be suspended.  The Governor has 30 days from receipt of notice to approve or disapprove JARRC's recommended suspension of a rule.  The agency that issued the rule must be notified of JARRC's recommended suspension and the Governor's response.