WSR 10-13-177


[ Filed June 23, 2010, 10:10 a.m. ]

Removal of Obsolete Rules from Washington Administrative Code: Chapters 16-528 and 16-530 WAC

I am a Senior Counsel, Assistant Attorney for the Washington State Department of Agriculture and the Washington Grain Commission. I also represented the former Washington Wheat Commission and the former Washington Barley Commission.

Chapter 33, Laws of 2009 (later codified as chapter 15.115 RCW) created the Washington Grain Commission. It is made up of the former Washington Barley Commission and the former Washington Wheat Commission. The marketing orders that created the former Barley and Wheat Commissions were repealed effective May 8, 2010, in WSR 10-08-093. However, rules adopted by the former Wheat Commission and the former Barley Commission remain in chapters 16-528 and 16-530 WAC, respectively.

RCW 34.05.210 (6)(b) provides that with the consent of the attorney general, the code reviser may remove obsolete rules or parts of rules from the Washington Administrative Code when the adopting agency ceases to exist and the rules are not transferred by statute to a successor agency. Both adopting agencies (commissions) now cease to exist and the rules of the former Wheat and Barley Commissions were not transferred in chapter 15.115 RCW to the Washington Grain Commission, the successor agency.

This letter hereby requests that the code reviser remove the obsolete rules of the former Wheat and Barley Commissions from the Washington Administrative Code. Those sections are:

WAC 16-528-105
WAC 16-528-110
WAC 16-528-120
WAC 16-528-130
WAC 16-528-140
WAC 16-528-150
WAC 16-528-160
WAC 16-528-170
WAC 16-528-210
WAC 16-528-230
WAC 16-530-110
WAC 16-530-120

If you have any questions on this matter, do not hesitate to contact me.

Jerri L. Thomas

Senior Counsel, AAG

Agriculture & Health Division

Washington State Code Reviser's Office