AN
ACT Relating to the distribution of rules notices; amending RCW 34.05.010; and
creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
In order to provide the greatest possible access to agency documents to the
most people, agencies are encouraged to make their rule, interpretive, and
policy information available through electronic distribution as well as through
the regular mail. Agencies that have the capacity to transmit electronically
may ask persons who are on mailing lists or rosters for copies of interpretive
statements, policy statements, preproposal statements of inquiry, and other
similar notices whether they would like to receive the notices electronically.
(2)
Electronic distribution to persons who request it may substitute for mailed
copies related to rule making or policy or interpretive statements. If a
notice is distributed electronically, the agency is not required to transmit
the actual notice form but must send all the information contained in the
notice.
(3)
Agencies which maintain mailing lists or rosters for any notices relating to
rule making or policy or interpretive statements may establish different
rosters or lists by general subject area.
Sec.
2. RCW
34.05.010 and 1992 c 44 s 10 are each amended to read as follows:
The
definitions set forth in this section shall apply throughout this chapter,
unless the context clearly requires otherwise.
(1)
"Adjudicative proceeding" means a proceeding before an agency in
which an opportunity for hearing before that agency is required by statute or
constitutional right before or after the entry of an order by the agency.
Adjudicative proceedings also include all cases of licensing and rate making in
which an application for a license or rate change is denied except as limited
by RCW 66.08.150, or a license is revoked, suspended, or modified, or in which
the granting of an application is contested by a person having standing to
contest under the law.
(2)
"Agency" means any state board, commission, department, institution
of higher education, or officer, authorized by law to make rules or to conduct
adjudicative proceedings, except those in the legislative or judicial branches,
the governor, or the attorney general except to the extent otherwise required
by law and any local governmental entity that may request the appointment of an
administrative law judge under chapter 42.41 RCW.
(3)
"Agency action" means licensing, the implementation or enforcement of
a statute, the adoption or application of an agency rule or order, the
imposition of sanctions, or the granting or withholding of benefits.
Agency
action does not include an agency decision regarding (a) contracting or
procurement of goods, services, public works, and the purchase, lease, or
acquisition by any other means, including eminent domain, of real estate, as
well as all activities necessarily related to those functions, or (b)
determinations as to the sufficiency of a showing of interest filed in support
of a representation petition, or mediation or conciliation of labor disputes or
arbitration of labor disputes under a collective bargaining law or similar
statute, or (c) any sale, lease, contract, or other proprietary decision in the
management of public lands or real property interests, or (d) the granting of a
license, franchise, or permission for the use of trademarks, symbols, and
similar property owned or controlled by the agency.
(4)
"Agency head" means the individual or body of individuals in whom the
ultimate legal authority of the agency is vested by any provision of law. If
the agency head is a body of individuals, a majority of those individuals
constitutes the agency head.
(5)
"Entry" of an order means the signing of the order by all persons who
are to sign the order, as an official act indicating that the order is to be
effective.
(6)
"Filing" of a document that is required to be filed with an agency
means delivery of the document to a place designated by the agency by rule for
receipt of official documents, or in the absence of such designation, at the
office of the agency head.
(7)
"Institutions of higher education" are the University of Washington,
Washington State University, Central Washington University, Eastern Washington
University, Western Washington University, The Evergreen State College, the
various community colleges, and the governing boards of each of the above, and
the various colleges, divisions, departments, or offices authorized by the
governing board of the institution involved to act for the institution, all of
which are sometimes referred to in this chapter as "institutions."
(8)
"Interpretive statement" means a written expression of the opinion of
an agency, entitled an interpretive statement by the agency head or its
designee, as to the meaning of a statute or other provision of law, of a court
decision, or of an agency order.
(9)(a)
"License" means a franchise, permit, certification, approval, registration,
charter, or similar form of authorization required by law, but does not include
(i) a license required solely for revenue purposes, or (ii) a certification of
an exclusive bargaining representative, or similar status, under a collective
bargaining law or similar statute, or (iii) a license, franchise, or permission
for use of trademarks, symbols, and similar property owned or controlled by the
agency.
(b)
"Licensing" includes the agency process respecting the issuance,
denial, revocation, suspension, or modification of a license.
(10)
"Mail" or "send," for purposes of any notice relating to
rule making or policy or interpretive statements, means regular mail or
electronic distribution, as provided in section 1 of this act.
"Electronic distribution" or "electronically" means
distribution by electronic mail or facsimile mail.
(11)(a)
"Order," without further qualification, means a written statement of
particular applicability that finally determines the legal rights, duties,
privileges, immunities, or other legal interests of a specific person or
persons.
(b)
"Order of adoption" means the official written statement by which an
agency adopts, amends, or repeals a rule.
(((11)))
(12) "Party to agency proceedings," or "party" in a
context so indicating, means:
(a)
A person to whom the agency action is specifically directed; or
(b)
A person named as a party to the agency proceeding or allowed to intervene or
participate as a party in the agency proceeding.
(((12)))
(13) "Party to judicial review or civil enforcement
proceedings," or "party" in a context so indicating, means:
(a)
A person who files a petition for a judicial review or civil enforcement
proceeding; or
(b)
A person named as a party in a judicial review or civil enforcement proceeding,
or allowed to participate as a party in a judicial review or civil enforcement
proceeding.
(((13)))
(14) "Person" means any individual, partnership, corporation,
association, governmental subdivision or unit thereof, or public or private
organization or entity of any character, and includes another agency.
(((14)))
(15) "Policy statement" means a written description of the
current approach of an agency, entitled a policy statement by the agency head
or its designee, to implementation of a statute or other provision of law, of a
court decision, or of an agency order, including where appropriate the agency's
current practice, procedure, or method of action based upon that approach.
(((15)))
(16) "Rule" means any agency order, directive, or regulation
of general applicability (a) the violation of which subjects a person to a
penalty or administrative sanction; (b) which establishes, alters, or revokes
any procedure, practice, or requirement relating to agency hearings; (c) which
establishes, alters, or revokes any qualification or requirement relating to
the enjoyment of benefits or privileges conferred by law; (d) which
establishes, alters, or revokes any qualifications or standards for the
issuance, suspension, or revocation of licenses to pursue any commercial
activity, trade, or profession; or (e) which establishes, alters, or revokes
any mandatory standards for any product or material which must be met before
distribution or sale. The term includes the amendment or repeal of a prior
rule, but does not include (i) statements concerning only the internal
management of an agency and not affecting private rights or procedures
available to the public, (ii) declaratory rulings issued pursuant to RCW
34.05.240, (iii) traffic restrictions for motor vehicles, bicyclists, and
pedestrians established by the secretary of transportation or his designee
where notice of such restrictions is given by official traffic control devices,
or (iv) rules of institutions of higher education involving standards of
admission, academic advancement, academic credit, graduation and the granting
of degrees, employment relationships, or fiscal processes.
(((16)))
(17) "Rules review committee" or "committee" means
the joint administrative rules review committee created pursuant to RCW
34.05.610 for the purpose of selectively reviewing existing and proposed rules
of state agencies.
(((17)))
(18) "Rule making" means the process for formulation and
adoption of a rule.
(((18))) (19) "Service," except as
otherwise provided in this chapter, means posting in the United States mail,
properly addressed, postage prepaid, or personal service. Service by mail is
complete upon deposit in the United States mail. Agencies may, by rule,
authorize service by electronic telefacsimile transmission, where copies are
mailed simultaneously, or by commercial parcel delivery company.
