On September 17, 2010, the Governor's Office received an appeal from Dr. Bill Osmunson and Mr. James Deal relating to WAC 246-290-460 and WAC 246-290-220. His appeal was denied as untimely on September 22, 2010.
DATE: September 22, 2010
Narda Pierce
General Counsel
to the Governor
September 22, 2010
Bill Osmunson, DDS, MPH
President, Washington Action for Safe Water
1418 112th Avenue, #200
Bellevue, WA 98004
Via email: bill@teachingsmiles.com
James Robert Deal
Attorney at Law
Vice President, Washington Action for Safe Water
Via email: James@JamesRobertDeal.com
RE: Administrative Rule Appeal -- WAC 246-290-460 and WAC 246-290-220
Dear Dr. Osmunson and Mr. Deal:
Thank you for your Administrative Rule Appeal to the Governor
dated September 13, 2010, and received September 17, 2010,
concerning the above-referenced rule. This appeal was
received by the Governor's Office 65 days after the statutory
due date of July 14, 2010 (assuming the denial was issued on
June 14 as stated in your appeal). 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 246-290-460 and WAC 246-290-220.
Sincerely,
Narda Pierce
General Counsel