WSR 98-09-083

EXPEDITED ADOPTION

CODE REVISER'S OFFICE

[Filed April 21, 1998, 2:50 p.m.]



Title of Rule: WAC 1-21-010 Preproposal statement of inquiry and 1-21-020 Notice--Form, contents, numbers.

Purpose: Amending WAC 1-21-010 to reflect the new requirements imposed by section 6, chapter 280, Laws of 1998; and WAC 1-21-020 to change the RCW citation from RCW 34.05.230 to RCW 34.05.356 to reflect section 2, chapter 280, Laws of 1998.

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

Statute Being Implemented: RCW 34.05.354 as amended by section 6, chapter 280, Laws of 1998; and section 2, chapter 280, Laws of 1998.

Summary: Amending WAC 1-21-010 to eliminate the date restriction which will allow the agencies to file expedited repeals at any time; and amending WAC 1-21-020 to change the RCW citation from RCW 34.05.230 to RCW 34.05.356.

Reasons Supporting Proposal: Necessary to implement sections 2 and 6, chapter 280, Laws of 1998.

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: Amending WAC 1-21-010 to delete the language which restricts expedited repeals be published only twice a year; and amending WAC 1-21-020 to change the RCW citations to reflect section 2, chapter 280, Laws of 1998.

Proposal Changes the Following Existing Rules: It changes WAC 1-21-010 by eliminating the language which restricts expedited repeals be published only twice each year; and WAC 1-21-020 to reflect the new RCW citation, RCW 34.05.356.

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 Kerry S. Radcliff, Code Reviser's Office, P.O. Box 40551, Olympia, WA 98504-0551, AND RECEIVED BY June 20, 1998.

April 21, 1998

Dennis W. Cooper

Code Reviser

OTS-2205.1

AMENDATORY SECTION (Amending WSR 97-15-035, filed 7/10/97, effective 7/27/97)



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 34.05.354 should be listed by citation and caption only, either individually or by entire chapter((, and filed 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, 34.05.230, 34.05.354 and 1997 c 409 202 and 208. 97-15-035, 1-21-010, filed 7/10/97, effective 7/27/97. 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 97-15-035, filed 7/10/97, effective 7/27/97)



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)) 34.05.356 with the code reviser's office on a CR-102XA form (Expedited Adoption--Proposed Rule Making). The agency must file the full text of the proposed rule along with the CR-102XA form (RCW ((34.05.230)) 34.05.356). 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 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, 34.05.230, 34.05.354 and 1997 c 409 202 and 208. 97-15-035, 1-21-020, filed 7/10/97, effective 7/27/97. 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.]

Legislature Code Reviser

Register

Washington State Code Reviser's Office