WSR 98-07-065

EXPEDITED ADOPTION

INSURANCE COMMISSIONER'S OFFICE

[Insurance Commissioner Matter No. R 98-5--Filed March 17, 1998, 12:05 p.m.]

Title of Rule: Repealing certain unnecessary effective dates, separability clauses, and promulgating sections

Purpose: Repeal various sections of Title 284 WAC

Statutory Authority for Adoption: RCW 48.02.060

Summary: This will repeal various WAC sections that have been identified as outdated, inefficient, unclear, or duplicative

Reasons Supporting Proposal: The repeal of these sections should make the code more efficient and improve clarity

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jon Hedegard, Lacey, Washington, (360) 407-0728

Name of Proponent: Deborah Senn, Insurance Commissioner, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will repeal various sections of Title 284 WAC. The affected sections were among those identified in the commissioner's regulatory improvement process as not necessary, unclear, inefficient, or outdated. The removal of these sections should aid in making the code clearer and more useful.

There are several old effective dates that will be repealed, WAC 284-17-570, 284-23-130, 284-23-380, and 284-44-360. The rules [that] were implemented have been in existence for at least eight and a half years and up to twenty-two years. The regulations have been codified for such an extended period of time, the effective dates are no longer useful or necessary.

There are two separability clauses that will be repealed, WAC 284-23-120 and 284-50-435. These clauses are generally not used in rule making. Courts will sever the regulation, rule, or subsection based on the agency's intent and the effectiveness of the rule. The court will not sever because of the presence of a separability clause nor will it refuse to do so in the absence of such a clause. Since these clauses are not a standard part of rule making for the commissioner or for other agencies in Washington, they will be repealed. This does not mean that the commissioner does not intend for a court to sever a regulation accompanied by one of these clauses. The commissioner is merely recognizing that these clauses are unnecessary and as such should be repealed in the regulatory improvement process.

WAC 284-28-001 relates the circumstances surrounding the rule-making process adopting chapter 284-28 WAC. It is unnecessary and will be repealed

Proposal Changes the Following Existing Rules: It will repeal WAC 284-17-570, 284-23-120, 284-23-130, 284-23-380, 284-28-001, 284-44-360, and 284-50-435

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kacy Brandeberry, Office of the Insurance Commissioner, P.O. Box 40256, Olympia, WA 98504-0256, e-mail KacyB@oic.wa.gov, AND RECEIVED BY May 16, 1998

March 17, 1998

Ed Fleisher

Deputy Insurance Commissioner

OTS-2076.1

REPEALER