WSR 00-05-043

PERMANENT RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed February 11, 2000, 10:36 a.m. ]

Date of Adoption: January 12, 2000.

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

Citation of Existing Rules Affected by this Order: Amending WAC 136-167-020 and 136-167-030.

Statutory Authority for Adoption: Chapter 36.79 RCW.

Adopted under notice filed as WSR 99-24-056 on November 29, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

February 1, 2000

Jay P. 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.]


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

WAC 136-167-030
Termination of approved project after RATA reimbursement.

(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