H-336                _______________________________________________

                                                     HOUSE BILL NO. 28

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives R. King, B. Williams, Niemi, Prince, H. Sommers, P. King, Taylor, Schoon, Holland, McLean, Miller, Walker, Moyer, Brooks, D. Sommers, Amondson, May, S. Wilson, Lewis, Doty, Fuhrman, L. Smith, Betrozoff, Bumgarner, Sayan, Silver and Padden; by request of Joint Administrative Rules Review Committee.

!ae200Read first time 1/14/87 and referred to Committee on State Government.

AN ACT Relating to suspension of agency rules; and amending RCW 34.04.240.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 8, chapter 324, Laws of 1981 and RCW 34.04.240 are each amended to read as follows:

          (1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.04.220 or 34.04.230, the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected.  If the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice of its action to the committee, the committee may file notice of its objections, together with a concise statement of the reasons therefor, with the code reviser within thirty days of such determination.

          (2) If the rules review committee finds, by a majority vote of its members, that the proposed or existing rule in question has not been modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, the rules review committee may, within thirty days from notification by the agency of its action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor.  Such notice and statement shall also be provided to the agency by the rules review committee.

          (3) If the rules review committee makes an adverse finding under subsection (2) of this section, the committee may, by a two-thirds vote of its members, suspend the effectiveness of an existing rule.  Within seven days of such vote the committee shall transmit to the governor and the code reviser written notice of its objection and suspension and the concise reasons therefor.  Within seven days of receipt of the notice, the governor shall transmit to the committee and the code reviser written approval or disapproval of the suspension.  If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next legislative session.

(4) The code reviser shall publish transmittals from the rules review committee(('s notice of objection and statement of the reasons therefor)) or the governor issued pursuant to subsection (1) ((or)), (2), or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee's objection or suspension and the governor's action on it and to the issue of the Washington state register in which the full text thereof appears.

          (((4) Such notice)) (5) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee.