On April 7, 2006, the Governor received an appeal from E. A. Coffey of Arlington, Washington, relating to the Gambling Commission's denial of a petition to it to develop and adopt a new rule.
DATE: April 28, 2006
| Richard E. Mitchell General Counsel to the Governor |
E. A. Coffey
Bingo & Casino Supplies
26018 25th Avenue NE
Arlington, WA 98223
Dear Ms. Coffey:
On January 24, 2006, the Gambling Commission (Commission)
received a petition from you requesting the adoption of a
rule, pursuant to Chapter 34.05.330 RCW. You petitioned the
Commission to reinstate WAC 230-12-330 Availability of
gambling equipment and related products and
services -- Prices -- Contracts -- Discounts -- Restriction -- Exemptions, which had been repealed by the Commission on October 10,
2005.
On a 4-1 vote, the Commission heard and orally denied your
petition at its March 6, 2006, meeting. The denial was
followed up in writing by a letter to you on march 20, 2006,
as required by RCW 34.05.330(1). That letter summarized the
Commission's reasoning for its decision, as required by law,
and provided you with appeal information.
The appeal information that the Commission provided to you is
not accurate. An agency's denial of a petition to adopt a
rule cannot be appealed under RCW 34.05.330 to the Governor.
Any person may petition an agency to adopt, amend, or repeal a
rule. However, only denials of petitions seeking amendment or
repeal may be appealed to either the Joint Administrative
Rules Committee of the Legislature, under RCW 34.05.330(2), or
to the Governor, under RCW 34.05.330(3).
As there is no statutory authority to appeal an agency denial
of a petition to adopt a rule under RCW 34.05.330(3), which is
the nature of your pending petition, the Governor is without
authority to review and/or act on your petition to her.
Consequently, your petition can neither be rejected nor
denied, as it cannot be considered due to lack of
jurisdiction.
Richard E. Mitchell
General Counsel to the Governor