WSR 20-16-100
[Filed July 31, 2020, 9:26 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-13-097 on June 17, 2020.
Title of Rule and Other Identifying Information: The department is proposing to broaden the scope of chapter 220-111 WAC to encompass agency rule-making activities and revise the title from "Emergency rules" to "Rule-making" accordingly. The department is also proposing new rules to govern the management of its rule-making files, which would be created in chapter 220-111 WAC as follows: WAC 220-111-001 Rule-making filesGenerally, 220-111-002 Agency rules coordinator, 220-111-003 Rule-making files available, and 220-111-004 Requests to inspect rule-making files.
Hearing Location(s): On September 8, 2020, at 9:00 a.m.
Online webinar. This hearing will take place by webinar. The public may participate in the meeting. Visit our website at or contact the rules coordinator at for instructions on how to register for the meeting.
Date of Intended Adoption: September 8, 2020.
Submit Written Comments to: Rules Coordinator, P.O. Box 43200, Olympia, WA 98504-3200, email,, by September 2, 2020.
Assistance for Persons with Disabilities: Contact Dolores Noyes, phone 360-902-2349, TTY 360-902-2207, email, by September 2, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed modification to chapter 220-111 WAC is to broaden the chapter to encompass agency rules to govern rule-making activities beyond emergency rules.
The purpose of the proposed new rules is to identify a point of contact for the department's rule-making files and clarify the department's procedures relative to requests for public access to its rule-making files.
Reasons Supporting Proposal: New rules are necessary to clarify the department's implementation of chapter 34.05 RCW, the Administrative Procedure Act.
The intent of these proposed actions is to facilitate public transparency in the administrative decision-making process and specify a procedure by which the department would provide public access to agency rule-making files.
Statutory Authority for Adoption: RCW 43.17.060, 34.05.220, and 77.04.080.
Statute Being Implemented: RCW 34.05.220, 34.05.312, 34.05.370, 43.17.060, and 77.04.080.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Michele Culver, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2196; and Enforcement: Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2373.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required for this rule under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4). This chapter does not apply to the adoption of a rule if an agency is able to demonstrate that the proposed rule does not affect small businesses.
Explanation of exemptions: These rules provide a point of contact for the department's rule-making files and clarify the department's procedures relative to requests from individual members of the public to access its rule-making files. There are no costs to comply with these rules, and therefore, this rule does not affect small businesses.
July 31, 2020
Michele K. Culver
Rules Coordinator
Chapter 220-111 WAC
WAC 220-111-001Rule-making filesGenerally.
The purpose of this chapter is to specify criteria for the director to close or shorten seasons pursuant to RCW 77.12.150, and to provide procedures governing the department's maintenance of, and the public's request to inspect, rule-making files of the department pursuant to the Administrative Procedure Act, chapter 34.05 RCW.
WAC 220-111-002Agency rules coordinator.
(1) The department's rules coordinator:
(a) Has knowledge of the subjects of rules being proposed or prepared within the agency for proposal;
(b) Maintains the records of any such action;
(c) Maintains the department's rule-making docket;
(d) Responds to public inquiries about possible, proposed, or adopted rules and the identity of agency personnel working, reviewing, or commenting on them; and
(e) Oversees the department's compliance with the Administrative Procedure Act requirements concerning locating, processing, and making department rule-making files available for public inspection.
(2) The department's rules coordinator can be contacted at:
Agency Rules Coordinator
Department of Fish and Wildlife
Office Location:
Natural Resources Building, 5th Floor
1111 Washington Street S.E.
Olympia, WA 98501-1091
Mailing Address:
P.O. Box 43200
Olympia, WA 98504-3200
email address:
Current contact information is also available at the department's website at
(3) The department's rules coordinator may designate one or more department staff to carry out the responsibilities set forth in subsection (1) of this section; and other staff may process requests to inspect rule-making files. Therefore, use of the term "department rules coordinator" in this chapter may include the department rules coordinator's designee(s) and/or any other staff assisting in processing requests to inspect rule-making files, where indicated by context.
WAC 220-111-003Rule-making files available.
(1) The department's rule-making docket and many of its rule-making files are publicly available on the department's website at Requestors are encouraged to search for and view department rule-making activities on the department's website in lieu of or prior to submitting a request to inspect the department's rule-making files.
(2) Rule-making files are available for inspection, upon request, from 9:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Based on other demands on the agency and/or the size, format, and location of the rule-making file, the department rules coordinator may specify the date and times during which particular rule-making files will be made available for inspection.
(3) Requestors providing a valid email address may be able to view rule-making files on their own computers, or rule-making files may be inspected at the department's central office, located at 1111 Washington Street S.E., Olympia, Washington 98501.
(4) Requestors should contact the department's rules coordinator to determine the availability of records for inspection. The department will ordinarily respond to such requests within three days.
WAC 220-111-004Requests to inspect rule-making files.
(1) Any person wishing to inspect rule-making files of the department must contact the agency rules coordinator by letter or email to the office or email address set forth in WAC 220-111-002(2). The written request must be addressed and sent to the department's rules coordinator and include the following information:
(a) Name of the requestor;
(b) Contact information, including telephone number and email address, if the requestor has one; and
(c) Identification of the rule-making files sought, in a form or description that is sufficient for the department's rules coordinator to identify and locate the requested file. If a request for inspection of a rule-making file is unclear, the rules coordinator may request clarification.
(2) If the requestor wishes to have copies of the records made, whether hard copy or electronic, instead of inspecting them, the requestor must submit a request for public records pursuant to the Public Records Act, chapters 42.56 RCW and 220-120 WAC. A public records request form is available to requestors at the office of the public records officer and at the department's website at