WSR 09-09-135

EXPEDITED RULES

CODE REVISER'S OFFICE


[ Filed April 22, 2009, 11:36 a.m. ]

Title of Rule and Other Identifying Information: Amending WAC 1-06-070 Office hours and 1-21-160 Filing after office hours.

NOTICE

THIS RULE IS BEING PROPOSED UNDER 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 USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kerry Radcliff, Office of the Code Reviser, P.O. Box 40551, Olympia, WA 98504-0551, fax (360) 786-1529, e-mail radcliff_ke@leg.wa.gov , AND RECEIVED BY June 22, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending WAC 1-06-070 and 1-21-160 to reflect new office hours for reviewing public records and for the filing of agency rule-making notices and orders.

Reasons Supporting Proposal: SB 6104 is expected to pass during the 2009 legislative session. This legislation amends RCW 42.04.060 and 42.56.090, lowering office hours to forty hours per week for the transaction of business and thirty hours per week for public records inspection. Our office has routinely had office hours from 8:00 a.m. to 5:00 p.m. We are considering changing our hours for inspection of public records to 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. and the hours for filing of rule-making notices and orders from 8:00 a.m. to 4:00 p.m. This will allow our office to process any requests and/or filings without having to stay after hours. We feel that this should not cause a tremendous burden on agencies because they have the option of using the electronic filing system.

Statutory Authority for Adoption: RCW 1.08.110 and 34.05.385.

Statute Being Implemented: RCW 1.08.110 and 34.05.385.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Office of the code reviser, governmental.

Name of Agency Personnel Responsible for Drafting: Kerry Radcliff, P.O. Box 40551, Olympia, WA 98504-0551, (360) 786-6697; Implementation and Enforcement: Office of the Code Reviser, P.O. Box 40551, Olympia, WA 98504-0551, (360) 786-6697.

April 22, 2009

K. Kyle Thiessen

Code Reviser

OTS-2352.1


AMENDATORY SECTION(Amending WSR 06-16-019, filed 7/24/06, effective 8/24/06)

WAC 1-06-070   Office hours.   Public records shall be available for inspection and copying during the customary office hours of the agency. For the purposes of this chapter, the customary office hours shall be from 8:00 a.m. to noon and from 1:00 p.m. to ((4:30)) 4:00 p.m., Monday through Friday, excluding legal holidays.

[Statutory Authority: RCW 1.08.110, 34.05.385, 1.08.001, and Executive Order 97-2. 06-16-019, 1-06-070, filed 7/24/06, effective 8/24/06; Order 8, 1-06-070, filed 9/25/74, effective 10/25/74.]

OTS-2351.1


AMENDATORY SECTION(Amending WSR 06-22-040, filed 10/26/06, effective 11/26/06)

WAC 1-21-160   Filing after office hours.   The office of the code reviser is open for the filing of agency rule-making notices and orders from 8:00 a.m. to ((5:00)) 4:00 p.m., Monday through Friday, except legal holidays.

An electronic filing system is available to all state agencies seven days a week, twenty-four hours per day. Each state agency must submit a registration letter before using this system.

The office of the code reviser delegates to the Washington state patrol the authority to accept at other times the filing of orders adopting, amending, or repealing rules when the nature of the order requires their immediate filing and/or effectiveness. To use this service, the agency may telephone the Washington state patrol communications center at 360-586-1999. When your call is answered, request a zone 4 trooper and arrange for receipt of the filing(s). The agency shall give the original and three copies of each filing to the trooper. The trooper shall mark each copy with the trooper's name, badge number, date, and time and arrange for all of the copies to be delivered to the office of the code reviser as early as possible on the next business day. The agency filing the rules with the state patrol shall notify the office of the code reviser of the filing by 9:00 a.m. on the next business day after filing and arrange to receive the stamped copies.

[Statutory Authority: RCW 1.08.110 and 34.05.385. 06-22-040, 1-21-160, filed 10/26/06, effective 11/26/06. Statutory Authority: RCW 1.08.110, 34.05.385, 1.08.001, and Executive Order 97-2. 06-16-019, 1-21-160, filed 7/24/06, effective 8/24/06. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030 and 2001 c 25. 01-20-090, 1-21-160, filed 10/3/01, effective 11/3/01. Statutory Authority: RCW 1.08.110, 34.05.356, 34.05.385, and 34.08.030. 00-18-001, 1-21-160, filed 8/23/00, effective 12/31/00. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-160, filed 5/31/89.]

Washington State Code Reviser's Office