2510‑S2 AMH PRUI AUST 1

2SHB 2510 ‑ H AMD 955 WITHDRAWN 02/15/94

By Representative Pruitt

     On page 4, line 1, strike all of section 4 and insert the following:

     "NEW SECTION.  Sec. 4.  A new section is added to chapter 34.05 RCW to read as follows:

     (1) Before adopting a rule, the agency shall determine that the rule meets the following criteria:

     (a) There is statutory authority for adoption of the rule;

     (b) There is a need for the rule which is consistent with the agency's mission, goals, or program objectives established under RCW 43.88.090;

     (c) The rule reflects a consideration of the economic and environmental consequences of adopting the rule or failing to adopt the rule, including the agency's compliance with chapters 19.85, 43.21C, and 43.21H RCW;

     (d) The rule is consistent with other statutes and state agency rules;

     (e) There are no alternatives to adopting the rule, including the no action alternative, that may achieve the same purpose at less cost; and

     (f) There are public policy reasons for any differences in the applicability of the rule to public and private entities.

     (2)  No rule shall be adopted, without express statutory authority to do so, which differs from federal law whenever an agency is implementing a federally mandated program.

     (3) When drafting rules, agencies shall make a reasonable effort to ensure that:  (a) any fee imposed is reasonable and related to the cost of administration; (b) the rule is clearly and simply stated; and (c) the rule does not conflict with, overlap, or duplicate any other provision of federal, state, or local law.

     (4) Upon the adoption of any rule, an agency shall have a plan to evaluate whether the rule achieves the purpose for which it was adopted.

     (5) The agency shall prepare a written description of its rationale for making the determinations set forth in subsection (1) of this section, unless the rule deals only with seasons, catch or bag limits, or geographical areas for fishing or shellfish removal.  The description shall be part of the official rule-making file for the rule. 

     (6) Failure of the agency to comply with the procedural requirements of this section is subject to judicial review.  Failure of the agency to identify a rational basis for its determinations under subsection (1) of this section is also subject to judicial review.  However, the adequacy or accuracy of an agency's compliance with the requirements of subsections (2), (3), and (4) of this section are not subject to judicial review."