AN ACT Relating to administrative law; and
amending RCW 34.05.630 and 34.05.640.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1.
RCW 34.05.630 and 1988 c 288 s 603 are each amended to read as follows:
(1) All rules required to be filed pursuant to
RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are
subject to selective review by the legislature.
(2) The rules review committee may review an
agency's use of policy statements, guidelines, and issuances that are of
general applicability, or their equivalents to determine whether or not an
agency has failed to adopt a rule or whether they are within the intent of
the legislature as expressed by the governing statute.
(3) If the rules review committee finds by a
majority vote of its members: (a) That an existing rule is not within the
intent of the legislature as expressed by the statute which the rule implements,
(b) that the rule has not been adopted in accordance with all applicable
provisions of law, ((or)) (c) that an agency is using a policy
statement, guideline, or issuance in place of a rule, or (d) that the policy
statement, guideline, or issuance is outside of legislative intent, the
agency affected shall be notified of such finding and the reasons therefor.
Within thirty days of the receipt of the rules review committee's notice, the
agency shall file notice of a hearing on the rules review committee's finding
with the code reviser and mail notice to all persons who have made timely
request of the agency for advance notice of its rule-making proceedings as
provided in RCW 34.05.320. The agency's notice shall include the rules review
committee's findings and reasons therefor, and shall be published in the
Washington state register in accordance with the provisions of chapter 34.08
RCW.
(4) The agency shall consider fully all written
and oral submissions regarding (a) whether the rule in question is within the
intent of the legislature as expressed by the statute which the rule
implements, (b) whether the rule was adopted in accordance with all applicable
provisions of law, ((or)) (c) whether the agency is using a policy
statement, guideline, or issuance in place of a rule, or (d) whether the
policy statement, guideline, or issuance is within the legislative intent.
Sec. 2.
RCW 34.05.640 and 1988 c 288 s 604 are each amended to read as follows:
(1) Within seven days of an agency hearing held
after notification of the agency by the rules review committee pursuant to RCW
34.05.620 or 34.05.630, the affected agency shall notify the committee of its
action on a proposed or existing rule to which the committee objected or on a
committee finding of the agency's failure to adopt rules. If the rules review
committee determines, by a majority vote of its members, that the agency has
failed to provide for the required hearings or notice of its action to the
committee, the committee may file notice of its objections, together with a
concise statement of the reasons therefor, with the code reviser within thirty
days of such determination.
(2) If the rules review committee finds, by a
majority vote of its members: (a) That the proposed or existing rule in
question has not been modified, amended, withdrawn, or repealed by the agency
so as to conform with the intent of the legislature, or (b) that the agency is
using a policy statement, guideline, or issuance in place of a rule, or that
the policy statement, guideline, or issuance is outside of the legislative
intent, the rules review committee may, within thirty days from
notification by the agency of its action, file with the code reviser notice of
its objections together with a concise statement of the reasons therefor. Such
notice and statement shall also be provided to the agency by the rules review
committee.
(3) If the rules review committee makes an
adverse finding under subsection (2) of this section, the committee may, by a
two-thirds vote of its members, recommend suspension of an existing rule.
Within seven days of such vote the committee shall transmit to the governor,
the code reviser, and the agency written notice of its objection and
recommended suspension and the concise reasons therefor. Within thirty days of
receipt of the notice, the governor shall transmit to the committee, the code
reviser, and the agency written approval or disapproval of the recommended
suspension. If the suspension is approved by the governor, it is effective
from the date of that approval and continues until ninety days after the
expiration of the next regular legislative session.
(4) The code reviser shall publish transmittals
from the rules review committee or the governor issued pursuant to subsection
(1), (2), or (3) of this section in the Washington state register and shall
publish in the next supplement and compilation of the Washington Administrative
Code a reference to the committee's objection or recommended suspension and the
governor's action on it and to the issue of the Washington state register in
which the full text thereof appears.
(5) The reference shall be removed from a rule
published in the Washington Administrative Code if a subsequent adjudicatory
proceeding determines that the rule is within the intent of the legislature or
was adopted in accordance with all applicable laws, whichever was the objection
of the rules review committee.
