2510‑S2.E AMS LUDW EAGL 01
E2SHB 2510 - S AMD TO LAB COMM AMD - 000323
BySenator Ludwig
ADOPTED 3/2/94 - ROLL CALL VOTE 28-21
On page 2, after line 8, insert the following:
"Sec. 2. RCW 34.05.310 and 1993 c 202 s 2 are each amended to read as follows:
(1) To meet the
intent of providing greater public access to administrative rule making and to
promote consensus among interested parties, agencies ((are encouraged to:
(1))) shall solicit comments from the public
on a subject of possible rule making before publication of a notice of proposed
rule adoption under RCW 34.05.320. ((This process can be accomplished by
having a notice published in the state register of the subject under active
consideration and indicating where, when, and how persons may comment; and))
The agency shall prepare a statement of intent that:
(a) States the specific statutory authority for the new rule;
(b) Identifies the reasons the new rule is needed;
(c) Identifies the goals of the new rule;
(d) Describes the process by which the rule will be developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study; and
(e) Specifies the process by which interested parties can effectively participate in the formulation of the new rule.
The statement of intent shall be filed with the code reviser for publication in the state register and shall be sent to identifiable interested parties. Interested parties may include, but are not limited to, trade associations, interest groups, specific businesses, the business assistance center, chambers of commerce, local governments, labor organizations, environmental groups, consumer protection groups, citizen organizations, state agencies, and any other appropriate entity.
(2) Agencies are encouraged to develop and use new procedures for reaching agreement among interested parties before publication of notice and the adoption hearing on a proposed rule. Examples of new procedures include, but are not limited to:
(a) Negotiated rule making which includes:
(i) Identifying individuals and organizations that have a recognized interest in or will be significantly affected by the adoption of the proposed rule;
(((b))) (ii)
Soliciting participation by persons who are capable, willing, and appropriately
authorized to enter into such negotiations;
(((c))) (iii)
Assuring that participants fully recognize the consequences of not
participating in the process, are committed to negotiate in good faith, and
recognize the alternatives available to other parties;
(((d))) (iv)
Establishing guidelines to encourage consideration of all pertinent issues, to
set reasonable completion deadlines, and to provide fair and objective
settlement of disputes that may arise;
(((e))) (v)
Agreeing on a reasonable time period during which the agency will be bound to
the rule resulting from the negotiations without substantive amendment; and
(((f))) (vi)
Providing a mechanism by which one or more parties may withdraw from the
process or the negotiations may be terminated if it appears that consensus
cannot be reached on a draft rule that accommodates the needs of the agency,
interested parties, and the general public and conforms to the legislative
intent of the statute that the rule is intended to implement; and
(b) Pilot rule making which includes testing the draft of a proposed rule through the use of volunteer pilot study groups in various areas and circumstances.
(3)(a) Agencies must make a determination whether negotiated rule making, pilot rule making, or another process for generating participation from interested parties prior to development of the rule is appropriate.
(b) Agencies must include a written justification in the rule-making file if an opportunity for interested parties to participate in the rule-making process prior to publication of the proposed rule has not been provided."
Renumber remaining sections
ESHB 2676 - S AMD TO LAB COMM AMD
BySenator Ludwig
ADOPTED 3/2/94
On page 21, line 13 of the title amendment, after "RCW" insert "34.05.310,"
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