H-1277.1                  _______________________________________________

                                                      HOUSE BILL 1804

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Campbell, Mastin and Flemming

Read first time 02/10/93.  Referred to Committee on State Government.

Clarifying procedures for temporary remedies from agency action.

          AN ACT Relating to temporary remedies from agency action; and amending RCW 34.05.550.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 34.05.550 and 1989 c 175 s 25 are each amended to read as follows:

          (1) Unless precluded by law, the agency may grant a stay, in whole or in part, or other temporary remedy.

          (2) After a petition for judicial review has been filed, a party may file a motion in the reviewing court seeking a stay or other temporary remedy.

          (3) If judicial relief is sought for a stay or other temporary remedy from agency action based on public health, safety, or welfare grounds, including action taken under RCW 34.05.422(4) and 34.05.479, the court, including courts of appeal, shall not grant such relief unless the court finds that:

          (a) The applicant is likely to prevail when the court finally disposes of the matter;

          (b) Without relief the applicant will suffer irreparable injury;

          (c) The grant of relief to the applicant will not substantially harm other parties to the proceedings; and

          (d) The threat to the public health, safety, or welfare is not sufficiently serious to justify the agency action in the circumstances.

          (4) If the court determines that relief should be granted from the agency's action granting a stay or other temporary remedies, the court may remand the matter or may enter an order denying a stay or granting a stay on appropriate terms.

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