_______________________________________________
SUBSTITUTE SENATE BILL NO. 5058
_______________________________________________
AS AMENDED BY THE FREE CONFERENCECOMMITTEE
C 451 L 87
State of Washington 50th Legislature 1987 Regular Session
By Senate 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)
Read first time 2/2/87.
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. 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. When the agency holds a hearing on the proposed rule, the
agency shall 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, and issuances that are of general applicability, or their equivalents to determine whether or not an agency has failed to adopt a rule as defined in 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 is using a policy statement, guideline, or issuance in place of
a rule, 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)) rules review committee's finding 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 (a) whether the rule in question is within the intent of the
legislature as expressed by the statute which the rule implements ((and)),
(b) whether the rule was adopted in accordance with all applicable
provisions of law, or (c) whether the agency is using a policy statement,
guideline, or issuance in place of a rule.
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 committee finding of the agency's 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((,)):
(a) 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, or (b) that the agency is using a policy statement,
guideline, or issuance in place of a rule, 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, recommend suspension of an existing rule. Within seven days of such vote the committee shall transmit to the governor, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended 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 regular 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 recommended 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.
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.))