2510-S2 AMH REAM H4177.1

2SHB 2510 - H AMD 1072 LOST 2-15-94

By Representatives Reams and Horn

    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) In addition to other requirements imposed by law, an agency may not adopt a rule the violation of which subjects a person to a penalty or administrative sanction; that establishes, alters, or revokes a qualification or standard for the issuance, suspension, or revocation of a license to pursue a commercial activity, trade, or profession; or that establishes, alters, or revokes a mandatory standard for a product or material that must be met before distribution or sale, unless:

    (a) The rule is needed;

    (b) The likely benefits of the rule are greater than its likely costs;

    (c) There are no alternatives to the rule that would be as effective but less burdensome on those required to comply;

    (d) Any fee imposed is reasonable and related to the cost of administration;

    (e) The rule is clearly and simply stated, so that it can be understood by persons required to comply;

    (f) The rule does not conflict with, overlap, or duplicate any other provision of federal, state, or local law;

    (g) The rule does not, without express statutory authority to do so, differ from any provision of federal law regulating the same activity or subject matter; and

    (h) The rule does not differ in its application to public and private entities.

    (2) Upon adoption of any rule meeting the criteria in subsection (1) of this section, an agency shall have a plan to evaluate whether the rule achieves the purpose for which it was adopted."

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