2510-S2 AMH .... H4259.1

2SHB 2510 - H AMD 1091 ADOPTED 02/15/94

By Representatives Springer and R. Meyers

    On page 4, after line 32, insert the following:

    "Sec. 5.  RCW 34.05.325 and 1992 c 57 s 1 are each amended to read as follows:

    (1) The agency shall make a good faith effort to insure that the information on the proposed rule published pursuant to RCW 34.05.320 accurately reflects the rule to be presented and considered at the oral hearing on the rule.  Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later than the time and date specified in the notice, or such later time and date established at the rule-making hearing.

    (2) The agency shall provide an opportunity for oral comment to be received by the agency in a rule-making hearing.

    (3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means.  If the agency chooses to receive comments by these means, the notice of hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone numbers to be used; the date and time by which comments must be received; required methods to verify the receipt and authenticity of the comments; and any limitations on the number of pages for telefacsimile transmission comments and on the minutes of tape recorded comments.  The agency shall accept comments received by these means for inclusion in the official record if the comments are made in accordance with the agency's instructions.

    (4) The agency head, a member of the agency head, or a presiding officer designated by the agency head shall preside at the rule-making hearing.  Rule-making hearings shall be open to the public.  The agency shall cause a record to be made of the hearing by stenographic, mechanical, or electronic means.  Unless the agency head presides or is present at substantially all the hearings, the presiding official shall prepare a memorandum for consideration by the agency head, summarizing the contents of the presentations made at the rule-making hearing.  The summarizing memorandum is a public document and shall be made available to any person in accordance with chapter 42.17 RCW.

    (5) Rule-making hearings are legislative in character and shall be reasonably conducted by the presiding official to afford interested persons the opportunity to present comment.  Rule-making hearings may be continued to a later time and place established on the record without publication of further notice under RCW 34.05.320.

(6) Before the adoption of a final rule, an agency shall prepare a written summary of all comments received regarding the proposed rule, and a substantive response to the comments by category or subject matter, indicating how the final rule reflects agency consideration of the comments, or why it fails to do so.  The agency shall provide the written summary and response to any person upon request or from whom the agency received comment."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

2SHB 2510 - H AMD

By Representative

    On page 5, at the beginning of line 12, strike "(1)" and insert "(((1)))"

    On page 5, line 15, after "identifying" strike "(a)" and insert "(((a))) (1)"

    On page 5, line 16, after "rule," strike "((and)) (b)" and insert "((and (b))) (2)"

    On page 5, line 19, after "and" strike "(c)" and insert "(3)"

    On page 5, line 19, after "agency's" insert "substantive"

    On page 5, beginning on line 21, strike everything through "rule." on line 26, and insert the following:

    "(((2) Upon the request of any interested person within thirty days after adoption of a rule, the agency shall issue a concise statement of the principal reasons for overruling the considerations urged against its adoption.))"

                            --- END ---