WSR 97-12-068

PROPOSED RULES

CODE REVISER'S OFFICE

[Filed June 3, 1997, 3:45 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 1-21-010 Preproposal statement of inquiry; 1-21-020 Notice--Form, contents, numbers; 1-21-070 Administrative order; 1-21-170 Official forms; and 1-21-180 Rule-making activity report.

Purpose: To amend chapter 1-21 WAC to reflect new requirements imposed by sections 202 and 208, chapter 409, Laws of 1997, and to make housekeeping changes.

Statutory Authority for Adoption: RCW 1.08.110, 34.05.385, 34.08.020, and 34.08.030.

Statute Being Implemented: RCW 34.05.230, 34.05.354, and sections 202 and 208, chapter 409, Laws of 1997.

Summary: Amending chapter 1-21 WAC to clarify the guidelines required by sections 202 and 208, chapter 409, Laws of 1997, and making housekeeping changes.

Reasons Supporting Proposal: Necessary to implement chapter 409, Laws of 1997 (E2SHB 1032).

Name of Agency Personnel Responsible for Drafting: Gary Reid, Legislative Building, Olympia, Washington, (360) 786-6777; Implementation and Enforcement: Code Reviser's Office, Legislative Building, Olympia, Washington, (360) 786-6777.

Name of Proponent: Code Reviser's Office, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 1-21-010 and 1-21-020 are amended to incorporate changes passed by the legislature in sections 202 and 208, chapter 409, Laws of 1997; WAC 1-21-070 is amended to remove outdated information; WAC 1-21-170 is amended to change the name of the CR-101X form to Expedited Repeal--Preproposal Statement of Inquiry and to add the CR-102X form entitled Expedited Adoption--Proposed Rule Making; and WAC 1-21-180 is amended to correct internal references.

Proposal Changes the Following Existing Rules: WAC 1-21-010 is amended to clarify the new expedited repeal requirements of RCW 34.05.354; WAC 1-21-020 is amended to clarify the new expedited adoption requirements of RCW 34.05.230; WAC 1-21-070 is amended to remove an outdated requirement; WAC 1-21-170 is amended to change the name of the CR-101X form and to add the CR-102X form; and WAC 1-21-180 is amended to correct internal references.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Code Reviser's Office has determined that the rule is not subject to the Regulatory Fairness Act because the rule is for the purpose of implementing the requirements of chapter 409, Laws of 1997, and will not impact businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Code Reviser's Office is not a listed agency in RCW 34.05.328.

Hearing Location: House Rules Room, Legislative Building, Southwest Corner, on July 8, 1997, at 3:00 p.m.

Assistance for Persons with Disabilities: Contact Kerry Radcliff by July 2, 1997, TDD (800) 635-9993, or (360) 786-6697.

Submit Written Comments to: Kerry Radcliff, Code Reviser's Office, P.O. Box 40551, Olympia, WA 98504-0551, FAX (360) 586-6480, by July 7, 1997.

Date of Intended Adoption: July 10, 1997.

June 3, 1997

Dennis W. Cooper

Code Reviser

AMENDATORY SECTION (Amending WSR 95-17-070, filed 8/17/95, effective 9/17/95)

WAC 1-21-010 Preproposal statement of inquiry. To solicit comments from the public as required by RCW 34.05.310 on a subject of possible rule making, but before a formal notice is filed under RCW 34.05.320, an agency shall complete and file with the code reviser's office a CR-101 form (Preproposal Statement of Inquiry). This requirement does not apply to all rule making. The exceptions are set forth in RCW 34.05.310(4).

The text of the new rule is neither required nor recommended at this stage, but if text is submitted for filing, it must meet the form and style requirements of WAC 1-21-110 through 1-21-130. The filing will appear in the Register in accordance with the schedule provided in WAC 1-21-040. Note that the CR-101 must be published at least thirty days before the CR-102 form (Proposed Rule Making) may be filed.

WAC sections proposed for expedited repeal under RCW ((34.05.--- (1995 c 403 s 701))) 34.05.354 should be listed by citation and caption only, either individually or by entire chapter, and filed ((between June 10th and June 30th)) either March 10th through April 1st or September 10th through October 1st of each year.

[Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.310, 34.05.320 and 1995 c 403 701 and 704. 95-17-070, 1-21-010, filed 8/17/95, effective 9/17/95. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.030 and 34.05.310 as amended by 1994 c 249 1. 94-12-075, 1-21-010, filed 5/31/94, effective 6/9/94. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-010, filed 5/31/89.]

AMENDATORY SECTION (Amending WSR 95-17-070, filed 8/17/95, effective 9/17/95)

WAC 1-21-020 Notice--Form, contents, numbers. (1)(a) An agency shall file a regular notice of proposed rule making under RCW 34.05.320 with the code reviser's office on a CR-102 form (Proposed Rule Making). The agency must file the full text of the proposed rule along with the Notice form (RCW 34.08.020). This filing must be at least thirty days after the CR-101 form, if required, was published (RCW 34.05.310); or

(b) An agency shall file notice for the expedited adoption of rules under RCW 34.05.230 with the code reviser's office on a CR-102X form (Expedited Adoption--Proposed Rule Making). The agency must file the full text of the proposed rule along with the CR-102X form (RCW 34.05.230). This filing must be published in the Register at least forty-five days before the agency may adopt the proposal and file a CR-103 form (Rule-Making Order).

(2) The agency shall file the original and six copies of ((the)) either notice package (form and text). The code reviser's office will keep the original and two copies and return four stamped copies to the agency. The joint administrative rules review committee has requested that the agency submit three of these copies to the committee for purposes of legislative review. The agency should keep the remaining copy for its files.

[Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.310, 34.05.320 and 1995 c 403 701 and 704. 95-17-070, 1-21-020, filed 8/17/95, effective 9/17/95. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-020, filed 5/31/89.]

AMENDATORY SECTION (Amending Order 89-1, filed 5/31/89)

WAC 1-21-070 Administrative order. (1) The administrative order by which an agency adopts a rule shall be done on a CR-103 form (Rule-making Order) provided by the code reviser's office or, if required by agency practice, on an agency form that provides the information required by RCW 34.05.360. ((The agency shall number administrative orders sequentially, with a unique number for each rule-making proceeding.))

(2) The agency shall file with the code reviser's office the original and three copies of the text of permanent rules, along with four copies of the administrative order. Emergency rules require an additional three copies of the order and the text, which the agency shall file with the rules review committee after the copies have been stamped by the code reviser's office.

[Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-070, filed 5/31/89.]

AMENDATORY SECTION (Amending WSR 95-17-070, filed 8/17/95, effective 9/17/95)

WAC 1-21-170 Official forms. Agencies may obtain the following official forms from the code reviser's office upon request:

(1) Form CR-101 Preproposal Statement of Inquiry

(2) Form CR-101X Expedited Repeal--Preproposal Statement of Inquiry (((for expedited repeal only)))

(3) Form CR-102 Proposed Rule Making

(4) Form CR-102X Expedited Adoption--Proposed Rule Making

(5) Form CR-103 Rule-making Order

(((5))) (6) Form CR-104 Review of Previously Adopted Rules.

[Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.310, 34.05.320 and 1995 c 403 701 and 704. 95-17-070, 1-21-170, filed 8/17/95, effective 9/17/95. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.030 and 34.05.310 as amended by 1994 c 249 1. 94-12-075, 1-21-170, filed 5/31/94, effective 6/9/94. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-170, filed 5/31/89.]

AMENDATORY SECTION (Amending WSR 95-17-070, filed 8/17/95, effective 9/17/95)

WAC 1-21-180 Rule-making activity report. To implement RCW ((1.08.--- (1995 c 403 s 704))) 1.08.112, agencies shall supply the information required by RCW ((1.08.---)) 1.08.112 (1)(a) through (f) and (i) (((1995 c 403 s 704 (1)(a) through (f) and (i)))) by completing the appropriate parts of the CR-103 form. Agencies shall report information required by RCW ((1.08.---)) 1.08.112 (1)(g) and (h) (((1995 c 403 s 704 (1)(g) and (h)))) by a memorandum on agency letterhead to the code reviser.