WSR 25-13-075
NOTICE OF APPEAL
OFFICE OF THE GOVERNOR
[Filed June 16, 2025, 8:30 a.m.]
NOTICE OF APPEAL
Pursuant to RCW
34.05.330(3), you are hereby notified for publication in the Washington State Register that:
On May 2, 2025, the Governor's Office received an appeal from Bianca Williams, relating to the Department of Financial Institutions' denial of a petition to amend or repeal RCW
19.86.020; RCW 18.140; and WAC 208-660 (
Mortgage brokers and loan originators - Licensing). The petition was denied on June 16, 2025.
date: June 16, 2025
Kristin Beneski
Chief Legal Counsel
to the Governor
June 16, 2025
Bianca Williams
Via email: biancanilla@live.com
Re: APA Appeal - Chapter 208-660 Washington Administrative Code (WAC)
Dear Ms. Williams:
On May 2, 2025, the Governor's Office received the appeal you filed in response to the Department of Financial Institutions' decision to deny your petition to amend Chapter 208-660 WAC. Under RCW
34.05.330(3), an agency's denial of a petition to repeal or amend a rule may be appealed to the Governor. However, the Governor lacks jurisdiction under this statute to consider an appeal of other matters, such as an agency's denial of a petition to adopt a new rule.
See RCW
34.05.330(3).
On February 28, 2025, you petitioned the Department of Financial Institutions to amend RCW
19.86.020 and chapter
18.140 RCW. On March 5, 2025, you submitted a "revised petition" to the Department that "revised and expanded the proposed amendments
to include newly created WAC codes where gaps exist." The revised petition proposes twelve "amendments" to the rules implementing the Mortgage Broker Practices Act, RCW 19.146. Although they are labeled "amendments," the proposals are for twelve new rules to be included in chapter 208-660 WAC, complete with placeholders for new code-section numbering. The Department responded to your March 5 revised petition on April 29, 2025, by denying each of your requests.
On May 2, 2025, you wrote to the Governor's office appealing the Department's denial of your revised petition. While you refer to your petition as requesting rule "amendments," your petition, in substance and by its own terms, instead exclusively seeks "newly created WAC codes." As noted above,RCW
34.05.330(3) provides that the Governor can review agency denials of a petition to repeal or amend a rule; however, requests for new rules are outside of the scope of this rule appeal process. Accordingly, the Governor does not have statutory authority to take action pursuant to RCW
34.05.330 in response to your requests.
Sincerely,
Kristin Beneski
Chief Legal Counsel