H-365                _______________________________________________

                                                     HOUSE BILL NO. 29

                        _______________________________________________

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, Silver, Padden and Brekke; 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 legislative review of agency rules; and amending RCW 34.04.220, 34.04.230, 34.04.240, and 34.04.250.

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

        Sec. 1.  Section 6, chapter 324, Laws of 1981 and RCW 34.04.220 are each amended to read as follows:

          Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, the committee shall give the affected agency written notice of its decision.  Whenever possible, the notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.04.025(1)(a)(iii) ((as now or hereafter amended)).  The notice shall include a statement of the review committee's findings and the reasons therefor.  The review committee may require the agency to hold a hearing to consider the review committee's decision.

        Sec. 2.  Section 7, chapter 324, Laws of 1981 and RCW 34.04.230 to read as follows:

          (1) All rules required to be filed pursuant to RCW 34.04.040, and emergency rules adopted pursuant to RCW 34.04.030 ((as now or hereafter amended)), are subject to selective review by the legislature.

          (2) The rules review committee may review an agency's use of policy statements, guidelines, issuances, or their equivalents for compliance with RCW 34.04.010(2).

(3) If the rules review committee finds by a majority vote of its members:  (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, ((or)) (b) that the rule has not been adopted in accordance with all applicable provisions of law, or (c) that an agency has failed  to adopt rules under subsection (2) of this section, the agency affected shall be notified of such finding and the reasons therefor.  Within thirty days of the receipt of the rules review committee's notice, the agency shall file notice of a hearing on the rule in question with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.04.025, as now or hereafter amended.  The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.

          (((3))) (4) The agency shall consider fully all written and oral submissions regarding whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements and whether the rule was adopted in accordance with all applicable provisions of law.

        Sec. 3.  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 or on a failure to adopt rules.  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 or the failure to adopt a rule 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) The code reviser shall publish the rules review committee's notice of objection and statement of the reasons therefor issued pursuant to subsection (1) or (2) 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 and to the issue of the Washington state register in which the full text thereof appears.

          (4) Such notice 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.

        Sec. 4.  Section 9, chapter 324, Laws of 1981 and RCW 34.04.250 are each amended to read as follows:

          (((1))) The rules review committee may recommend to the legislature that the original enabling legislation serving as authority for the promulgation of any rule reviewed by the committee be amended or repealed in such manner as the committee deems advisable.

          (((2) The rules review committee shall report on its activities, including findings and recommendations with respect to rule-making procedures of state agencies and institutions of higher education, thirty days prior to the convening of the regular session of the legislature in 1984.))