On August 30, 2010, the Governor's Office received an appeal from Mr. Michael Johnson relating to the Department of Health's denial of a petition to repeal or amend WAC 246-809-610 (1)(b). The petition was untimely and the Governor declined to consider it.
DATE: September 21, 2010
Narda Pierce
General Counsel to the Governor
September 21, 2010
Michael Johnson, MSW
375 NE 163rd Street
Shoreline, WA 98155
Re: Administrative Rule Appeal - WAC 246-809-610 (1)(b)
Dear Mr. Johnson:
Thank you for your appeal to Governor Gregoire dated August 28
and received in this office on August 30, 2010, concerning the
above-referenced rule. Your appeal was received by the
Governor's Office 79 days after the statutory due date of June
12, 2010. Technically, under the Administrative Procedure
Act, it is untimely and cannot be considered by the Governor.
Since your petition is untimely, the Governor lacks
jurisdiction to either grant or deny it. Notwithstanding
this, the Governor appreciates your expression of concerns
about WAC 246-809-610. We note that the Department of Health
stated it will continue to monitor the trends for alternate
methods to complete continuing education courses, and
encourage you to provide any additional input on alternatives
to the Department.
Sincerely,
Narda Pierce
General Counsel