WSR 04-06-086

OFFICE OF THE GOVERNOR


[ Filed March 3, 2004, 11:42 a.m. ]


NOTICE OF APPEAL

RCW 34.05.330(3)


     Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:

     From February 23, 2004 through February 27, 2004, the Governor received miscellaneous petitions from the guardians listed below. The persons listed are guardians of individuals who are residents of Rainier, Birch Hall or Fircrest School, and are asking for the repeal of emergency rules contained in WSR 04-02-010, and adopted by the Department of Social and Health Services on December 24, 2003.


     • Patricia Neiffer, guardian of Darrell Neiffer who resides at Fircrest

     • Nicholas Pacatte, guardian of Garry Joe Pacatte who resides at Fircrest

     • John and Helen Nychay, guardian of Terrance Roy Nychay who resides at Rainier School

     • Mary Anne Norton, guardian of John Gregory Norton who resides at Fircrest

     • David Powell, guardian of Dennis Powell who resides at Fircrest

     • Mary Safioles, guardian of Stella Safioles who resides at Fircrest

     • Patty Ward, guardian of Nancy Berg who resides at Fircrest

     • Edwin Southwick, guardian of Vernon Southwick who resides at Fircrest

     • Frank Scheberle, guardian/parent of Sindy Scheberle who resides at Fircrest

     • George T. Karas, guardian of Anne Karas who resides at Fircrest

     • Betty Proctor, guardian/parent of Jeffrey C. Proctor who resides at Fircrest

     • Wayne Shelley, parent of Linda Shelly who resides at Fircrest

     • Dana Thompson, advocate for Sandra Lamb who resides at Fircrest

     • Charles L. Rowland, parent of Michael Rowland who resides at Birch Hall

     • David A. Knutson, guardian of Janett R. Knutson who resides at Fircrest

     • Pauline Guppy, guardian/parent of Mary Guppy who resides at Fircrest

     • Rose Nakamura, guardian of Scott Nakamura who resides at Fircrest

     • Melisa Motor, guardian of Kristi Motor who resides at Fircrest

     • Sandra Hansen, guardian of John Burke who resides at Fircrest


DATE: March 1, 2004

Jennifer Joly

General Counsel to the GovernorMarch 1, 2004

Patricia Neiffer

13803-343 Rd SE

Sultan, WA 98294

Dear Mrs. Neiffer:


On Monday, February 23, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Nicholas Pacatte

12026 17th NE

Seattle, WA 98125


Dear Mr. Pacatte:


On Monday, February 23, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004



John and Helen Nychay

3221 198th Place SE

Sammamish, WA 98075-9651

Dear Mr. and Mrs. Nychay:


On Monday, February 23, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Mary Anne Norton

3222 NE 104

Seattle, WA 98125

Dear Ms. Norton:


On Monday, February 23, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Frank Scheberle

120 Heritage Drive

Elma, WA 98541

Dear Mr. Scheberle:


On Thursday, February 26, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

George T. Karas

2811 19th Street

Everett, WA 98201-2515

Dear Mr. Karas:


On Thursday, February 26, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Betty Proctor

10901 176th Circle NE, #2328

Redmond, WA 98052

Dear Mrs. Proctor:


On Thursday, February 26, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Wayne Shelley

1112 N 199th Street

Shoreline, WA 98133-3607

Dear Mr. Shelley:


On Thursday, February 26, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Dana Thompson

5007 236th St. SW

Mountlake Terrace, WA 98043

Dear Ms. Thompson:


On Thursday, February 26, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Charles Rowland

PO Box 504

Grapeview, WA 98546-0504

Dear Mr. Rowland:


On Thursday, February 26, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

David Knutson

11835 9th Avenue SW

Seattle, WA 98146

Dear Mr. Knutson:


On Thursday, February 26, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Pauline Guppy

955 16th Avenue E

Seattle, WA 98112

Dear Mrs. Guppy:


On Thursday, February 26, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Melisa Motor

4315 Terrace Drive

Everett, WA 98203-2205

Dear Ms. Motor:


On Friday, February 27, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General CounselMarch 1, 2004

Sandra Hansen

2002 W. 14th Street

Port Angeles, WA 98363-5102

Dear Ms. Hansen:


On Friday, February 27, 2004, the Office of the Governor received your petition seeking repeal of the Department of Social and Health Services Emergency Rule WSR 04-02-010, pertaining to residential rehabilitation centers. The DSHS emergency rules, as contained in WSR 04-02-010, create several new sections in Chapter 388-837, and repeal a section and amend several sections in 388-835 of the Washington Administrative Code.


This rule was adopted on December 24, 2003. It was filed with the Office of the Code Reviser on December 29, 2003.


The statute under which you seek relief, RCW 34.05.350(3), provides, in relevant part, that "within seven days after the rule is adopted, any person may petition the governor requesting immediate repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010." Given that the rule was adopted on December 24, 2003, your petition is untimely and thus is no longer ripe for review by Governor.


Sincerely,

Jennifer Joly

General Counsel

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