WSR 01-16-107

EXPEDITED RULES

CODE REVISER'S OFFICE


[ Filed July 30, 2001, 11:19 a.m. ]

Title of Rule: Amending WAC 1-21-010 Preproposal statement of inquiry, 1-21-160 Filing after office hours, and 1-21-170 Official forms; and new section WAC 1-21-015 Expedited rule making.

Purpose: To amend chapter 1-21 WAC to delete the references to the expedited repeal and adoption processes and to include guidelines on the expedited rule-making process. An area code has also been added to the Washington State Patrol's phone number in WAC 1-21-160.

Statutory Authority for Adoption: RCW 1.08.110, 34.05.385, 34.08.020, and 34.08.030.

Statute Being Implemented: Chapter 25, Laws of 2001.

Summary: Delete references to the expedited repeal and adoption processes and include guidelines on the new expedited rule-making process authorized by the legislature in chapter 25, Laws of 2001. An area code is also added to the Washington State Patrol's phone number in WAC 1-21-160.

Reasons Supporting Proposal: The legislature passed and the governor signed into law, chapter 25, Laws of 2001, authorizing the expedited rule-making process. The rule changes shown below will clarify the requirements for state agencies in using the expedited rule-making process.

Name of Agency Personnel Responsible for Drafting: Gary Reid, Chief Assistant Code Reviser, Code Reviser's Office, P.O. Box 40551, Olympia, WA 98504-0551, (360) 786-6777; Implementation and Enforcement: Code Reviser's Office, Legislative Building, P.O. Box 40551, Olympia, WA 98504-0551, (360) 786-6777.

Name of Proponent: Code Reviser's Office, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amending chapter 1-21 WAC to delete references to the expedited repeal and adoption processes; adds guidelines on the expedited rule-making process; and adds an area code to the Washington State Patrol's phone number. The rule changes will clarify the requirements of state agencies using the expedited rule-making process as established in chapter 25, Laws of 2001.

Proposal Changes the Following Existing Rules: WAC 1-21-010, deleting the reference to the expedited repeal process.

WAC 1-21-160, add an area code to the Washington State Patrol's phone number.

WAC 1-21-170, delete the reference to Form CR-101XR Expedited Repeal -- Preproposal Statement of Inquiry and add a reference to Form CR-105 Expedited Rule Making.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kerry S. Radcliff, Code Reviser's Office, P.O. Box 40551, Olympia, WA 98504-0551 , AND RECEIVED BY October 2, 2001.


July 30, 2001

Dennis W. Cooper

Code Reviser

OTS-5006.1


AMENDATORY SECTION(Amending WSR 98-14-048, filed 6/24/98, effective 7/25/98)

WAC 1-21-010   Preproposal statement of inquiry.   To solicit comments from the public as required by RCW 34.05.310 on a subject of possible rule making, but before a formal notice is filed under RCW 34.05.320, an agency shall complete and file with the code reviser's office a CR-101 form (Preproposal Statement of Inquiry). This requirement does not apply to all rule making. The exceptions are set forth in RCW 34.05.310(4).

The text of the new rule is neither required nor recommended at this stage, but if text is submitted for filing, it must meet the form and style requirements of WAC 1-21-110 through 1-21-130. The filing will appear in the Register in accordance with the schedule provided in WAC 1-21-040. Note that the CR-101 must be published at least thirty days before the CR-102 form (Proposed Rule Making) may be filed.

((WAC sections proposed for expedited repeal under RCW 34.05.354 should be listed by citation and caption only, either individually or by entire chapter.))

[Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030 and 34.05.354 as amended by 1998 c 280 6 and 2. 98-14-048, 1-21-010, filed 6/24/98, effective 7/25/98. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.230, 34.05.354 and 1997 c 409 202 and 208. 97-15-035, 1-21-010, filed 7/10/97, effective 7/27/97. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.310, 34.05.320 and 1995 c 403 701 and 704. 95-17-070, 1-21-010, filed 8/17/95, effective 9/17/95. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.030 and 34.05.310 as amended by 1994 c 249 1. 94-12-075, 1-21-010, filed 5/31/94, effective 6/9/94. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-010, filed 5/31/89.]


NEW SECTION
WAC 1-21-015   Expedited rule making.   (1) Expedited rule making filed under RCW 34.05.--- (section 2, chapter 25, Laws of 2001) includes both the expedited adoption of rules and the expedited repeal of rules.

(2) An agency shall file notice for the expedited rule making with the code reviser's office on a CR-105 form (Expedited Rule Making). The agency must file the full text of a proposed new or amendatory rule, along with the CR-105 form. The text must meet the form and style requirements of WAC 1-21-110 through 1-21-130. The filing will appear in the Register in accordance with the schedule provided in WAC 1-21-040. The expedited rule making must be published in the Register at least forty-five days before the agency may file a CR-103 form (Rule Making Order).

(3) WAC sections proposed for expedited repeal should be listed by citation and caption only, either individually or by entire chapter.

(4) The agency shall file the original and six copies of the expedited rule making package (form and text). The code reviser's office will keep the original and two copies and return four stamped copies to the agency. The joint administrative rules review committee has requested that the agency submit three of these copies to the committee for purposes of legislative review. The agency should keep the remaining copy for its files.

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AMENDATORY SECTION(Amending WSR 00-18-001, filed 8/23/00, effective 12/31/00)

WAC 1-21-160   Filing after office hours.   The code reviser's office is open for the filing of agency rule-making notices and orders from 8 a.m. to 5 p.m., Monday through Friday, except legal holidays. The code reviser delegates to the Washington State Patrol the authority to accept at other times the filing of orders adopting, amending, or repealing rules when the nature of the order requires their immediate filing and/or effectiveness. To use this service, the agency may telephone the capitol security unit of the state patrol at (360) 753-2191 to arrange for receipt of the filing by the state patrol. The agency shall notify the code reviser's office of the filing by 9:00 a.m. on the next business day after the filing.

[Statutory Authority: RCW 1.08.110, 34.05.356, 34.05.385, and 34.08.030. 00-18-001, 1-21-160, filed 8/23/00, effective 12/31/00. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-160, filed 5/31/89.]


AMENDATORY SECTION(Amending WSR 00-18-001, filed 8/23/00, effective 12/31/00)

WAC 1-21-170   Official forms.   Agencies may obtain the following official forms from the code reviser's office upon request:

(1) Form CR-101 Preproposal Statement of Inquiry

(2) ((Form CR-101XR Expedited Repeal -- Preproposal Statement of Inquiry

(3))) Form CR-102 Proposed Rule Making

(((4))) (3) Form CR-103 Rule-making Order

(((5))) (4) Form CR-104 Review of Previously Adopted Rules((.))

(5) Form CR-105 Expedited Rule Making.

[Statutory Authority: RCW 1.08.110, 34.05.356, 34.05.385, and 34.08.030. 00-18-001, 1-21-170, filed 8/23/00, effective 12/31/00. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.230, 34.05.354 and 1997 c 409 202 and 208. 97-15-035, 1-21-170, filed 7/10/97, effective 7/27/97. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.020, 34.08.030, 34.05.310, 34.05.320 and 1995 c 403 701 and 704. 95-17-070, 1-21-170, filed 8/17/95, effective 9/17/95. Statutory Authority: RCW 1.08.110, 34.05.385, 34.08.030 and 34.05.310 as amended by 1994 c 249 1. 94-12-075, 1-21-170, filed 5/31/94, effective 6/9/94. Statutory Authority: RCW 34.05.385 and 34.08.030. 89-12-028 (Order 89-1), 1-21-170, filed 5/31/89.]

Washington State Code Reviser's Office