Mr. Rob Kavanaugh
6819 - 41st Street SE
Olympia, Washington 98506
Dear Mr. Kavanaugh:
On October 6, 2004, the Office of the Governor received your
petition seeking repeal of a Department of Fish and Wildlife
emergency rule increasing the number of landowner damage elk
permits (WSR 04-19-020). I have reviewed your request and
determined that it fails to meet the requirements for a
gubernatorial appeal under RCW 34.05.350(3) of the
Administrative Procedures Act (APA).
RCW 34.05.350(3) states in relevant part that "within seven
days after the rule is adopted, any person may petition the
governor requesting the immediate repeal of a rule adopted on
any emergency basis by any department listed in RCW 43.17.010." Director Koenings adopted the emergency rule on
September 7, 2004. Given your appeal was received by the
Governor's Office on October 6, 2004, your petition is
untimely and thus no longer ripe for review by the Governor.
As you know, emergency rules are only operative for 120 days.
Should the department wish to adopt this approach on a
permanent basis, standard rulemaking processes would need to
be employed, including an opportunity for public comment prior
to permanent adoption.
Sincerely,
Jennifer Joly
General Counsel
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.