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34.05.315  <<  34.05.320 >>   34.05.322

RCW 34.05.320

Notice of proposed rule — Contents — Distribution by agency — Institutions of higher education.

(1) At least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the proposal of a rule. The notice shall include all of the following:

     (a) A title, a description of the rule's purpose, and any other information which may be of assistance in identifying the rule or its purpose;

     (b) Citations of the statutory authority for adopting the rule and the specific statute the rule is intended to implement;

     (c) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would modify existing rules, a short description of the changes the proposal would make, and a statement of the reasons supporting the proposed action;

     (d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, and enforcement of the rule;

     (e) The name of the person or organization, whether private, public, or governmental, proposing the rule;

     (f) Agency comments or recommendations, if any, regarding statutory language, implementation, enforcement, and fiscal matters pertaining to the rule;

     (g) Whether the rule is necessary as the result of federal law or federal or state court action, and if so, a citation to such law or court decision;

     (h) When, where, and how persons may present their views on the proposed rule;

     (i) The date on which the agency intends to adopt the rule;

     (j) A copy of the small business economic impact statement prepared under chapter 19.85 RCW, or a copy of the school district fiscal impact statement under RCW 28A.305.135 in the case of the state board of education, or an explanation for why the agency did not prepare the statement;

     (k) A statement indicating whether RCW 34.05.328 applies to the rule adoption; and

     (l) If RCW 34.05.328 does apply, a statement indicating that a copy of the preliminary cost-benefit analysis described in RCW 34.05.328(1)(c) is available.

     (2)(a) Upon filing notice of the proposed rule with the code reviser, the adopting agency shall have copies of the notice on file and available for public inspection. Except as provided in (b) of this subsection, the agency shall forward three copies of the notice to the rules review committee.

     (b) A pilot of at least ten agencies, including the departments of labor and industries, fish and wildlife, revenue, ecology, retirement systems, and health, shall file the copies required under this subsection, as well as under RCW 34.05.350 and 34.05.353, with the rules review committee electronically for a period of four years from June 10, 2004. The office of regulatory assistance shall negotiate the details of the pilot among the agencies, the legislature, and the code reviser.

     (3) No later than three days after its publication in the state register, the agency shall cause either a copy of the notice of proposed rule adoption, or a summary of the information contained on the notice, to be mailed to each person, city, and county that has made a request to the agency for a mailed copy of such notices. An agency may charge for the actual cost of providing a requesting party mailed copies of these notices.

     (4) In addition to the notice required by subsections (1) and (2) of this section, an institution of higher education shall cause the notice to be published in the campus or standard newspaper of the institution at least seven days before the rule-making hearing.

[2012 c 210 § 2; 2004 c 31 § 2; 2003 c 165 § 1; 1995 c 403 § 302; 1994 c 249 § 14; 1992 c 197 § 8; 1989 c 175 § 7; 1988 c 288 § 303; 1982 c 221 § 2; 1982 c 6 § 7; 1980 c 186 § 10; 1977 ex.s. c 84 § 1. Formerly RCW 34.04.045.]

Notes:

     Application -- 1995 c 403 §§ 201, 301-305, 401-405, and 801: See note following RCW 34.05.328.

     Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328.

     Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904.

     Severability -- Application -- 1994 c 249: See notes following RCW 34.05.310.

     Effective date -- 1989 c 175: See note following RCW 34.05.010.

     Severability -- 1982 c 6: See RCW 19.85.900.

     Severability -- 1980 c 186: "If any provision of this 1980 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 186 § 29.]

Expedited adoption: RCW 34.05.353.

Small business economic impact statement -- Purpose -- Contents: RCW 19.85.040.