WSR 04-21-043


[ Filed October 15, 2004, 3:03 p.m. ]

October 13, 2004

Mr. Rob Kavanaugh

6819 - 41st Street SE

Olympia, Washington 98506

Dear Mr. Kavanaugh:

On October 6, 2004, the Office of the Governor received your petition seeking repeal of a Department of Fish and Wildlife emergency rule increasing the number of landowner damage elk permits (WSR 04-19-020). I have reviewed your request and determined that it fails to meet the requirements for a gubernatorial appeal under RCW 34.05.350(3) of the Administrative Procedures Act (APA).

RCW 34.05.350(3) states in relevant part that "within seven days after the rule is adopted, any person may petition the governor requesting the immediate repeal of a rule adopted on any emergency basis by any department listed in RCW 43.17.010." Director Koenings adopted the emergency rule on September 7, 2004. Given your appeal was received by the Governor's Office on October 6, 2004, your petition is untimely and thus no longer ripe for review by the Governor.

As you know, emergency rules are only operative for 120 days. Should the department wish to adopt this approach on a permanent basis, standard rulemaking processes would need to be employed, including an opportunity for public comment prior to permanent adoption.


Jennifer Joly

General Counsel

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 


Washington State Code Reviser's Office