WSR 03-23-123




[ Filed November 19, 2003, 9:18 a.m. ]

Subject of Possible Rule Making: WAC 326-20-092, 326-20-094, 326-20-095, 326-20-096, and 326-20-098, concerning size standards and small business concern requirements.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 39.19 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since 1983, the state has had a minority and women's business program. In 1987, the legislature expanded the office's certification authority to include socially and economically disadvantaged business enterprises (DBEs). Since 2000, all federal government agencies, including the United States Department of Transportation (USDOT) and United States Small Business Administration (SBA), have converted to the new North American Industrial Classification System (NAICS). Currently, the office maintains two separate sets of size standards and industry code designations to determine whether firms are small business concerns for each certification program. Using one set of size standards and industry code designations would help streamline the certification process.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The office has exclusive authority to set the size standards and determine small business concern requirements in the state of Washington (chapter 39.19 RCW). The USDOT has rules governing determinations of eligibility for size and small business concern requirements at the federal level. These rules are based on guidance from the SBA. The office currently certifies firms for the federal program using te approach set forth in the federal regulations. The state program will substantially adopt these regulations as well.

Process for Developing New Rule: This is a rule that will govern the actions of the office and is not subject to violation by a nongovernment party.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending written comments to Cathy Canorro, Rules Coordinator, Office of Minority and Women's Business Enterprises, P.O. Box 41160, Olympia, WA 98504-1160, fax (360) 586-7079,, phone (360) 704-1187 for questions.

November 19, 2003

Carolyn Crowson


Legislature Code Reviser 


Washington State Code Reviser's Office