WSR 26-01-182
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF COMMERCE
[Filed December 23, 2025, 9:17 a.m.]
Subject of Possible Rule Making: Adoption of brief adjudicative proceedings (BAP) process and procedures pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to provide for expedient appeals of determinations made by the department of commerce (commerce) relating to the Growth Management Act.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 36.70A.190 (4)(b), 36.70A.639, 36.70A.638(6), and 34.05.482 (1)(c).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The growth management services (GMS) unit of commerce has responsibilities to make determinations such as whether certain jurisdictions meet the criteria for an extension under RCW 36.70A.637; for an extension under RCW 36.70A.638; for certification of its parking study under RCW 36.70A.681; and for certification of its empirical parking study under RCW 36.70A.635(7). These rules will establish a process for jurisdictions that wish to appeal such determinations. The BAP will provide a mechanism for expedient appeals of determinations made concerning the Growth Management Act.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None, this is an internal commerce GMS process.
Process for Developing New Rule: Commerce will follow the required rule-making steps, including a public comment period and public hearing.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Deborah Jacobs, senior policy analyst, GMS, phone 360-725-2719, email Deborah.Jacobs@commerce.wa.gov, website https://www.commerce.wa.gov/about/legislative/rulemaking/.
December 23, 2025
Amanda Hathaway
Rules Coordinator