H-1112.2 _______________________________________________
HOUSE BILL 2123
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Representatives Cox, Grant, McMorris, Romero, D. Schmidt and Doumit
Read first time 02/16/1999. Referred to Committee on State Government.
AN ACT Relating to expedited rule making; amending RCW 34.05.230, 34.05.310, and 34.05.356; repealing RCW 34.05.354; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 34.05.230 and 1997 c 409 s 202 are each amended to read as follows:
(1)
((An agency may file notice for the expedited adoption of rules in
accordance with the procedures set forth in this section for rules meeting any
one of the following criteria:
(a)
The proposed rules relate only to internal governmental operations that are not
subject to violation by a person;
(b)
The proposed rules adopt or incorporate by reference without material change
federal statutes or regulations, Washington state statutes, rules of other
Washington state agencies, shoreline master programs other than those programs
governing shorelines of state-wide significance, or, as referenced by
Washington state law, national consensus codes that generally establish
industry standards, if the material adopted or incorporated regulates the same
subject matter and conduct as the adopting or incorporating rule;
(c)
The proposed rules only correct typographical errors, make address or name
changes, or clarify language of a rule without changing its effect;
(d)
The content of the proposed rules is explicitly and specifically dictated by
statute;
(e)
The proposed rules have been the subject of negotiated rule making, pilot rule
making, or some other process that involved substantial participation by
interested parties before the development of the proposed rule; or
(f)
The proposed rule is being amended after a review under RCW 34.05.328 or
section 210 of this act.
(2)
The expedited rule-making process must follow the requirements for rule making
set forth in RCW 34.05.320, except that the agency is not required to prepare a
small business economic impact statement under RCW 19.85.025, a statement
indicating whether the rule constitutes a significant legislative rule under
RCW 34.05.328(5)(c)(iii), or a significant legislative rule analysis under RCW
34.05.328. An agency is not required to prepare statements of inquiry under
RCW 34.05.310 or conduct a hearing for the expedited adoption of rules. The
notice for the expedited adoption of rules must contain a statement in at least
ten-point type, that is substantially in the following form:
NOTICE
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED
RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC
HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE
RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO
THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST
EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO (INSERT NAME AND
ADDRESS) AND RECEIVED BY (INSERT DATE).
(3)
The agency shall send a copy of the notice of the proposed expedited rule
making to any person who has requested notification of proposals for the
expedited adoption of rules or of agency rule making, as well as the joint
administrative rules review committee, within three days after its publication
in the Washington State Register. An agency may charge for the actual cost of
providing a requesting party mailed copies of these notices. The notice of the
proposed expedited rule making must be preceded by a statement substantially in
the form provided in subsection (2) of this section. The notice must also
include an explanation of the reasons the agency believes the expedited
adoption of the rule is appropriate.
(4)
The code reviser shall publish the text of all rules proposed for expedited
adoption along with the notice required in this section in a separate section
of the Washington State Register. Once the text of the proposed rules has been
published in the Washington State Register, the only changes that an agency may
make in the text of these proposed rules before their final adoption are to
correct typographical errors.
(5)
Any person may file a written objection to the expedited adoption of a rule.
The objection must be filed with the agency rules coordinator within forty-five
days after the notice of the proposed expedited rule making has been published
in the Washington State Register. A person who has filed a written objection
to the expedited adoption of a rule may withdraw the objection.
(6)
If no written objections to the expedited adoption of a rule are filed with the
agency within forty-five days after the notice of proposed expedited rule
making is published, or if all objections that have been filed are withdrawn by
the persons filing the objections, the agency may enter an order adopting the
rule without further notice or a public hearing. The order must be published
in the manner required by this chapter for any other agency order adopting,
amending, or repealing a rule.
(7)
If a written notice of objection to the expedited adoption of the rule is
timely filed with the agency and is not withdrawn, the notice of proposed
expedited rule making published under this section is considered a statement of
inquiry for the purposes of RCW 34.05.310, and the agency may initiate further
rule adoption proceedings in accordance with this chapter.
(8)
Subsections (1) through (8) of this section expire on December 31, 2000.
an
[An] agency is encouraged to advise the public of its current opinions,
approaches, and likely courses of action by means of interpretive or policy
statements.)) Current interpretive and policy statements
are advisory only. To better inform and involve the public, an agency is
encouraged to convert long-standing interpretive and policy statements into
rules.
(2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.
(((11)))
(3) Each agency shall maintain a roster of interested persons,
consisting of persons who have requested in writing to be notified of all
interpretive and policy statements issued by that agency. Each agency shall
update the roster once each year and eliminate persons who do not indicate a
desire to continue on the roster. Whenever an agency issues an interpretive or
policy statement, it shall send a copy of the statement to each person listed
on the roster. The agency may charge a nominal fee to the interested person
for this service.
(((12)))
(4) Whenever an agency issues an interpretive or policy statement, it
shall submit to the code reviser for publication in the Washington State
Register a statement describing the subject matter of the interpretive or
policy statement, and listing the person at the agency from whom a copy of the
interpretive or policy statement may be obtained.
Sec. 2. RCW 34.05.310 and 1995 c 403 s 301 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 shall solicit comments from the public on a subject of possible rule making before filing with the code reviser a notice of proposed rule making under RCW 34.05.320. The agency shall prepare a statement of inquiry that:
(a) Identifies the specific statute or statutes authorizing the agency to adopt rules on this subject;
(b) Discusses why rules on this subject may be needed and what they might accomplish;
(c) Identifies other federal and state agencies that regulate this subject, and describes the process whereby the agency would coordinate the contemplated rule with these agencies;
(d) Discusses the process by which the rule might be developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study;
(e) Specifies the process by which interested parties can effectively participate in the decision to adopt a new rule and formulation of a proposed rule before its publication.
The
statement of inquiry shall be filed with the code reviser ((for publication))
and published in the state register at least thirty days before the date
the agency files notice of proposed rule making under RCW 34.05.320 and shall
be sent to any party that has requested receipt of the agency's statements of
inquiry.
(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 by which representatives of an agency and of the interests that are affected by a subject of rule making, including, where appropriate, county and city representatives, seek to reach consensus on the terms of the proposed rule and on the process by which it is negotiated; and
(b) Pilot rule making which includes testing the feasibility of complying with or administering draft new rules or draft amendments to existing rules through the use of volunteer pilot groups in various areas and circumstances, as provided in RCW 34.05.313 or as otherwise provided by the agency.
(3)(a) An agency 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) An agency 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.
(4) This section does not apply to:
(a) Emergency rules adopted under RCW 34.05.350;
(b)
((Rules relating only to internal governmental operations that are not
subject to violation by a nongovernment party;
(c)
Rules adopting or incorporating by reference without material change federal
statutes or regulations, Washington state statutes, rules of other Washington
state agencies, shoreline master programs other than those programs governing
shorelines of state-wide significance, or, as referenced by Washington state
law, national consensus codes that generally establish industry standards, if
the material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(d)
Rules that only correct typographical errors, make address or name changes, or
clarify language of a rule without changing its effect;
(e)
Rules the content of which is explicitly and specifically dictated by statute;
(f))) Expedited
rule making under RCW 34.05.356;
(c) Rules that set or adjust fees or rates pursuant to legislative standards; or
(((g)))
(d) Rules that adopt, amend, or repeal:
(i) A procedure, practice, or requirement relating to agency hearings; or
(ii) A filing or related process requirement for applying to an agency for a license or permit.
Sec. 3. RCW 34.05.356 and 1998 c 280 s 2 are each amended to read as follows:
(1) An agency may file notice for the expedited adoption of rules in accordance with the procedures set forth in this section for rules meeting any one of the following criteria:
(a) The proposed rules relate only to internal governmental operations that are not subject to violation by a person;
(b) The proposed rules adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;
(c) The proposed rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;
(d) The content of the proposed rules is explicitly and specifically dictated by statute;
(e) The proposed rules have been the subject of negotiated rule making, pilot rule making, or some other process that involved substantial participation by interested parties before the development of the proposed rule; or
(f) The proposed rule is being amended after a review under RCW 34.05.328.
(2) An agency may file notice for the expedited repeal of rules under the procedures set forth in this section for rules meeting any one of the following criteria:
(a) The statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule;
(b) The statute on which the rule is based has been declared unconstitutional by a court with jurisdiction, there is a final judgment, and no statute has been enacted to replace the unconstitutional statute;
(c) The rule is no longer necessary because of changed circumstances; or
(d) Other rules of the agency or of another agency govern the same activity as the rule, making the rule redundant.
(3)
The expedited rule-making process must follow the requirements for rule making
set forth in RCW 34.05.320, except that the agency is not required to prepare a
small business economic impact statement under RCW 19.85.025, a statement
indicating whether the rule constitutes a significant legislative rule under
RCW 34.05.328(((6)(c)(iii))) (5)(c)(iii), or a significant
legislative rule analysis under RCW 34.05.328. An agency is not required to
prepare statements of inquiry under RCW 34.05.310 or conduct a hearing for the
expedited ((adoption of rules)) rule making. The notice for the
expedited ((adoption of rules)) rule making must contain a
statement in at least ten-point type, that is substantially in the following
form:
NOTICE
THIS RULE IS BEING PROPOSED ((TO BE ADOPTED USING))
UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR
THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT
STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE
RULE. IF YOU OBJECT TO THIS ((RULE BEING ADOPTED USING)) USE OF
THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING
AND THEY MUST BE SENT TO (INSERT NAME AND ADDRESS) AND RECEIVED BY (INSERT
DATE).
(((3)))
(4) The agency shall send a copy of the notice of the proposed expedited
rule making to any person who has requested notification of proposals for ((the))
expedited ((adoption of rules)) rule making or of regular
agency rule making, as well as the joint administrative rules review committee,
within three days after its publication in the Washington State Register. An
agency may charge for the actual cost of providing a requesting party mailed
copies of these notices. The notice of the proposed expedited rule making must
be preceded by a statement substantially in the form provided in subsection (((2)))
(3) of this section. The notice must also include an explanation of the
reasons the agency believes the expedited ((adoption of the)) rule-making
process is appropriate.
(((4)))
(5) The code reviser shall publish the text of all rules proposed for
expedited adoption, and the citation and caption of all rules proposed for
expedited repeal, along with the notice required in this section in a
separate section of the Washington State Register. Once the ((text of the
proposed rules)) notice of expedited rule making has been published
in the Washington State Register, the only changes that an agency may make in
the ((text of these proposed rules)) noticed materials before
their final adoption or repeal are to correct typographical errors.
(((5)))
(6) Any person may file a written objection to the expedited ((adoption
of a)) rule making. The objection must be filed with the agency
rules coordinator within forty-five days after the notice of the proposed
expedited rule making has been published in the Washington State Register. A
person who has filed a written objection to the expedited ((adoption of a))
rule making may withdraw the objection.
(((6)))
(7) If no written objections to the expedited ((adoption of a))
rule making are filed with the agency within forty-five days after the
notice of proposed expedited rule making is published, or if all objections
that have been filed are withdrawn by the persons filing the objections, the
agency may enter an order adopting or repealing the rule without further
notice or a public hearing. The order must be published in the manner required
by this chapter for any other agency order adopting, amending, or repealing a
rule.
(((7)))
(8) If a written notice of objection to the expedited ((adoption of
the)) rule making is timely filed with the agency and is not
withdrawn, the notice of proposed expedited rule making published under this
section is considered a statement of inquiry for the purposes of RCW 34.05.310,
and the agency may initiate further ((rule adoption)) rule-making
proceedings in accordance with this chapter.
(((8)
This section expires December 31, 2000.))
NEW SECTION. Sec. 4. RCW 34.05.354 (Expedited repeal) and 1998 c 280 s 6, 1997 c 409 s 208, & 1995 c 403 s 701 are each repealed.
NEW SECTION. Sec. 5. This act takes effect January 1, 2000.
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