WSR 06-01-003

PREPROPOSAL STATEMENT OF INQUIRY

CODE REVISER'S OFFICE


[ Filed December 7, 2005, 4:08 p.m. ]

     Subject of Possible Rule Making: Amending chapter 1-21 WAC to develop a process that will allow the state agencies to submit electronically to the code reviser's office rule-making documents. The changes may include, but not be limited to, filing deadlines; office hours; detailing and administering a pilot project; and creating explanatory language that will set out in rule a process for accepting electronic filings.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 1.08.110, 34.05.210, 34.05.310, 34.05.313, 34.05.385, and 34.08.040.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Agencies have expressed an interest to file rule-making documents electronically instead of using the postal service or filing with our office in person. Electronic filing would allow for submission of rule-making documents twenty-four hours a day and eliminate the need for filing documents with the Washington state patrol after office hours; eliminate parking problems, especially during the legislative session; eliminate documents arriving too late because of mail service; eliminate problems with delivery during inclement weather; it should reduce paper and transportation costs; etc. It is important that a process be developed that meets the need of state agencies and the public by taking into consideration possible computer problems; maintaining the effectiveness and efficiency of order typing service; maintaining the public service that is provided to state agencies and the public; maintaining the integrity of the permanent WAC base; maintaining the effectiveness of agencies' rules; and addressing publication issues by considering the hard copy publication and publication on the internet.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: Pilot rule making; agency study; and the code reviser's office will be establishing a task force to research possible electronic filing procedures; how to attach documents to CR forms for filing and publication; the validity of electronic signatures; etc. If you would like to take part in this process, please notify the person identified below.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kerry Radcliff, Washington State Register, P.O. Box 40551, Olympia, WA 98504-0551, (360) 786-6697, e-mail radcliff.kerry@leg.wa.gov.

December 7, 2005

K. Kyle Thiessen

Code Reviser