Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Title 136 WAC.

Purpose: Amend WAC 136-167-020 and 136-167-030.

Statutory Authority for Adoption: Chapter 36.79 RCW.

Name of Agency Personnel Responsible for Drafting and Implementation: Karen Pendleton, Olympia, 753-5989; and Enforcement: Jay Weber, Olympia, 753-5989.

Name of Proponent: County Road Administration Board.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This amendment will revise the rural arterial program.

Proposal Changes the Following Existing Rules: Amend Title 136 WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, on January 12, 2000, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Karen Pendleton by December 25, 1999, TDD (800) 833-6384, or (360) 753-5989.

Submit Written Comments to: Karen Pendleton, fax (360) 586-0386, by December 25, 1999.

Date of Intended Adoption: January 12, 2000.

November 8, 1999

J. Weber

Executive Director

OTS-3606.1

AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-167-020
Withdrawal of approved project before RATA reimbursement.

At any time after the submittal of a final prospectus and prior to the time the first RATA reimbursement has been sent to the county, a county may withdraw a RATA funded project.  Withdrawal may occur either before or after the county road administration board has allocated RATA funds to the project.  The statement of withdrawal must be in writing and signed by the chair of the board of county commissioners or the county executive, as appropriate.  The withdrawal shall be effective upon receipt by the county road administration board.  If RATA funds have been allocated to the project and a CRAB/county contract has been executed, the contract will be voided and((, at the next regular county road administration board meeting,)) the RATA funds will be allocated to other projects within the region.

[Statutory Authority: Chapter 36.79 RCW.  99-01-021, § 136-167-020, filed 12/7/98, effective 1/7/99.  Statutory Authority: RCW 36.79.060.  94-16-110, § 136-167-020, filed 8/2/94, effective 9/2/94.]

(1) If a county terminates an uncompleted RATA funded project for which RATA reimbursement has been made and is prepared to repay the RATA for all RATA funds received, the county shall, by means of a letter signed by the chair of the board of county commissioners or the county executive as appropriate, inform the county road administration board of its termination of the project.  The letter shall state the reasons for termination and commit to repaying all RATA funds received for the project.  Upon acknowledgement of such termination by the county road administration board, the county shall repay the county road administration board for all RATA funds paid to the county on that project within sixty days of such acknowledgement.  ((Upon)) After receipt of the RATA repayment, the county road administration board will void the CRAB/county contract and((, at the next regular county road administration board meeting,)) allocate the RATA funds to other projects within the region.

(2) If a county terminates an uncompleted RATA funded project for which RATA reimbursement has been made and does not want to be required to repay the county road administration board for all RATA funds received, a letter of request signed by the chair of the board of county commissioners or the county executive as appropriate must be sent to the county road administration board.  The request must include:

(a) An explanation of the reasons that the project will not proceed to completion;

(b) A statement of the amount of RATA funds which the county does not want to repay; and

(c) An explanation of why the county believes full repayment should not be made.

If the county road administration board grants the request, the county shall repay all RATA funds not exempted from repayment, the CRAB/county contract will be amended, and the remaining RATA funds will be allocated to other projects within the region.  If the county road administration board denies the request, full repayment shall be made as provided in subsection (1) of this section.

[Statutory Authority: Chapter 36.79 RCW.  99-01-021, § 136-167-030, filed 12/7/98, effective 1/7/99.  Statutory Authority: RCW 36.79.060.  94-16-110, § 136-167-030, filed 8/2/94, effective 9/2/94.]

© Washington State Code Reviser's Office