WSR 09-13-039

EXPEDITED RULES

SECRETARY OF STATE


[ Filed June 10, 2009, 2:47 p.m. ]

Title of Rule and Other Identifying Information: Address confidentiality program (ACP), chapter 434-840 WAC.

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 Megan Moreno, Office of the Secretary of State, P.O. Box 40220, Olympia, WA 98504-0220 , AND RECEIVED BY August 18, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: An incorrect RCW citation needs to be fixed in WAC 434-840-080. WAC 434-840-080(4) refers to RCW 40.24.030 (1)(b). Due to a law change in 2008 (SB 6339), the reference is no longer correct. The reference will be changed to RCW 40.24.030. More accurate information is the only anticipated effect.

Reasons Supporting Proposal: An inaccurate citation makes the WAC less user-friendly. The more general reference to the RCW will help to lead interested parties to the correct information while also enabling the reference to sustain future changes without the need for correction.

Statutory Authority for Adoption: RCW 40.24.090.

Statute Being Implemented: WAC 434-840-080.

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

Name of Proponent: Office of the secretary of state, governmental.

Name of Agency Personnel Responsible for Drafting: Megan Moreno, 250 Legislative Building, Olympia, WA 98504, (360) 902-4141; Implementation and Enforcement: Missy Deinlein, P.O. Box 40220, Olympia, WA 98504, (360) 753-2972.

June 10, 2009

Steve Excell

Assistant Secretary of State

OTS-2480.1


AMENDATORY SECTION(Amending WSR 05-13-059, filed 6/9/05, effective 7/10/05)

WAC 434-840-080   Service of process.   (1) The secretary of state shall be an agent of the program participant upon whom any summons, writ, notice, demand, or process may be served.

(2) Service on the secretary of state of any such summons, writ, demand, notice, or process shall be made by mailing to the substitute address or by delivering to the secretary of state at his/her office in Olympia, WA: (a) Two copies of the summons, writ, notice, demand, or process; and (b) twenty-five dollars service-of-process fee for each action or document filed.

(3) If a summons, writ, notice, demand, or process is served on the secretary of state, the secretary of state shall immediately forward a copy to the program participant at the participant's current mailing address shown on the records.

(4) The secretary of state shall maintain in the program participant's file, a record of all summonses, writs, notices, demands, and processes served upon the secretary of state for that participant under RCW 40.24.030 (((1)(b))), which shall include the date of such service and the secretary of state's action.

[Statutory Authority: RCW 40.24.090. 05-13-059, 434-840-080, filed 6/9/05, effective 7/10/05; 98-19-063, 434-840-080, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, 434-840-080, filed 9/26/91, effective 10/27/91.]

Washington State Code Reviser's Office