HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  HB 1924

Creating notice requirements for administrative rule changes.

Brief Title                              Hearing Date: 2/26/99

Reps. Romero and McMorris                  Staff: Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

Detailed requirements exist for state agencies to adopt rules.  Some agencies are subject to greater requirements for adopting rules, referred to as significant legislative rules.  Any other agency may have these greater requirements applied to the adoption of specific rules by action of the Joint Administrative Rules Review Committee.

Some rules may be adopted using an expedited rule adoption procedure.

Emergency rules may be adopted using abbreviated procedures.  Emergency rules remain in existence for no longer than 120 days after they are filed.

Each agency must complete a small business economic impact statement, or explain why the statement was not prepared, whenever rules are adopted.

SUMMARY:

An agency that adopts rules imposing additional requirements on businesses, the violation of which subjects a person to a penalty, assessment, or administrative sanction, must make a good faith effort to notify the businesses affected by the rule within 200 days of the effective date of the rules.

Good faith effort means either:

oNotifying businesses in the standard industrial classifications or their successor identified in the rule-making file as businesses affected by the rule that are registered with the Department of Revenue; or

oNotification of those persons or firms holding a license, registration, or permit, if the additional requirements only apply to such persons or firms.

Notification may be made by individual notice, agency bulletins or newsletters, or other means that will reasonably inform the affected businesses.  Failure to notify a specific business shall not invalidate a rule or waive the requirement to comply with the rule.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.