# vvrr 2&t/



# Chapter34.04RCW ADMINISTRATIVEPROCEDURE ACT

34.04.280 34.04.270 34.04.260

34.04.940 34.04.290 34.04.900 34.04.901 34.04.910 34.04.920 34.04.921 34.04.930 34.04.931 Review and objectionprocedures--Nopresumption established. Agency review of own rules forconformitywith federal

law. Reports by agency to office of financial management-Compilationby office of financial management provided to legislative officers. Applicationof RCW 34.04.270 and 34.04.280. Severability--1959c 234. Sevcrability--1967 c 237. General repeal and saving. Effective dates--·-1959 c 234. Effective datc----1967 c 237. Operation ofchapterif inconflict with federal law. Operationof 1967amendatory act if inconflict with

federal law. Savings--Authorityof agencies to comply with chapter--Effectofsubsequentlegislation. Hearings. procedures. rule making by various agencies to be in accordancewith Administrative Procedure Act: Cf. the pertinent statute under which the particularagency isestablished.



### RCW 34.04.010 Definitions. The definitions set forth in this section shall apply throughout this chapter, unless the contextclearly requires otherwise. (I) "Agency" means any state board. commission, department. or officer. authorized by law to make rules or to adjudicate contested cases, except those in the legislativeorjudicial branches. (2) "Rule" means any agency order, directive, or regulation ofgeneral applicability (a) the violationor which subjectsa person to a penalty or administrative sanction; (b) which establishes. alters. or revokes any procedure, practice. or requirement relating to agency hearings; (c) which establishes. alters. or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes. alters.

or revokes any. qualifications or standards for the issuance. suspension. or revocation of licenses to pursue any commercial activity. trade. or profession; or (e) which establishes. alters. or 'revokes any mandatory standards for any product or matcrial which must be met before distribution or sale. The term includes the amendment

or repeal of a prior rule, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public. (ii) declaratory rulings issued pursuant to RCW 34.04.080. as now or hereafter amended. or (iii) traffic restrictions for motor vehicles. bicyclists. and pedestrians establishedby the secretary of transportation or his designee where notice of such restrictions is given byofficial traffic control devices. (3) 

### "Contested case" means a proceeding before an agency in which an opportunity for a hearing before such agency is required by law or constitutional right prior or subsequent to the determination by the agency Definitions. Adoption of rules ofpracticeand procedure-Organizational description--Records of decisions. orders. and opinionsopen to public--Exceptions--Effect of failure to comply. Uniform procedural rules--Application-Conduct

of contested cases. Notices of intention to adopt rules--Opportunity to

submit data--Proceedingson rule barred until twenty daysafter register distribution--Noncompliance, effect. Specific reference torule-making authority to be inc1uded--Alternatives--Format--Requestfor more specific reference. Failure to give twenty days notice ofintendedaction--Effect. Emergency rules and amendments. Rules filed with code reviser--Register--Effective

dates-Report. Statementofproposedrule's purposeand bow implemented-Contents--Distributionby agency. Withdrawalofproposed rules.Code reviser to compile and edit rules. publish register--Removalofunconstitutional rules-Distribution of registers and codC$---Countylaw library trustees to maintain set--ludicial notice of rules. Scope of editing and revision of rules. Regulations on filing and form of rules and notices. Style. format. and numberingofrules-Agency

compliance. Format and style of rules amending existing sections. adding newsections-Effectoffailureto comply. Petition for adoption. amendment. repeal ofrule--

Agency action. Declaratoryjudgmenton validity ofrule--Small

business economic impactstatementaction as partof record. Declaratoryruling byagency--Petition-Court

review. Contested cases--Notice--He'aring--Summary

orders--'Informal disposition--Record--Findingsoffact--Agency's powers. Contestedcases--Rules ofevidence--Crossexamination. Agency hearings and contested cases--Hearings.

oaths. subpoenas. evidence. witnesses--Comempt. Contested cases--Procedure ·.•hen deciding officials

havenot heard or read evidence. Consultationby agency officer as to issues. Contestedcases--Adverse decisions and orders--

Findings and conclusions. Contested cases--ludicial review. Contestedcases--Direct review bycourtofappeals. Contestedcases--Refusal of review bycourtof

appeals. Appeal to supreme courtor court ofappeals. Exclusions fromchapteror parts ofchapter. Provisions applicable to licenses and licensing. Jointadministrative rules reviewcommittee--Members--Appointment--Terms--\iacancies. Review of proposedrules--Notice. Review of existing rules--Notice--Hearing. Committeeobjections to agency action--Statement in

register and WAC. Recommendationsand reports bycommitteeto

legislature. 34.04.027

34.04.030 34.04.040

34.04.045

34.04.048 34.04.050

34.04.250 34.04.022

34.04.025

34.04.080

34.04.090 34.04.026 Sections 34.04.010 34.04.020

34.04.052 34.04.055 34.04.057

34.04.058

34.04.060

34.04.070

34.04.130 34.04.133 34.04.135

34.04.140 34.04.150 34.04.170 34.04.210

34.04.220 34.04.230 34.04.240 34.04.100
.£.!--

....

### ·j~~~.105

34.04.1)0

34.04.115 34.04.120

(1983 Laws) (0. 34.04RCW-p I)

".: .- "" :.

# I

I I



### 34.04.010**-~----------** ----



### Administrathe ProcedureAct

of the legal rights. duties. or privileges of specific parties. Contested cases shall also include all cases of licensing and rate making in which an application for a license or rate change is denied except as limited by RCW 

### 66.08.150, or a license is revoked, suspended, or modified. or in which the granting of an application is contested by a person having standing to contest under the law or agency rules. (4 ) "License" includes the whole or part of any agency permit. certificate, approval. registration. charter. or any form ofpermission required by law. including agency rule. to engage in any activity. but does not includea license required solely for revenue purposes. (5) "Licensing" includes the agencyprocess respecting the grant, denial, renewal. revocation, suspension. annulment, withdrawal. or modification of a license. (6) "Rules review committee" or "committee" means thejoint administrative rules review committee created pursuant to RCW 

### 34.04.210 for the purpose of selectively reviewing existing and proposed rules of state agencies. 

### [1982 c 

### 10 

### § 5. Prior: 

### 1981 c 

### 324§ 2; 1981 c 

### 183 

### § I; 1967 c 237 § I; 1959 C234 § 

### I.]

Seten.IlUlty--1981 e 10:Sec: notefollowing RCW 6.12.100. 1..epIadMafllrmadoo--l981 e 314: 'Thelegislature affirms that all rule-making authority of state agencies and institutions of higher educationis a function delegated by the legislature, and as such, shall beexercised pursuant to the conditions and restrictions contained in thisact." (1981c324§ I.)

SeterabIJIty--I981 e 314: °If any provision of this act or its application to anypersonorcircumstance is held invalid. the remainder ofthe act or the application of the provision to other persons or circumstan<:esis notaffected." (1981c 324 § 18.)

In the above two annotations. the phrase °this act 0 refers to the amendmentofRCW 288.19.020, 288.19.030.288.19.040.34.04.010. 34.04.025, and 34.04.030 and to the enactment ofRCW 288.19.160. 288.19.163.288.19.165,288.19.168. and 34.04.210 through 34.04.260 by 1981c324.



### RCW 

### 34.040020 Adoption of rules of practice and procedure---Organizational description--Records of decisions. orders. and opinions open to public--Exceptions--Effect of failure to comply. In addition to other rule-making requirements imposedby law: (I) Each agency shall adopt rules governing the formalandinformalprocedures prescribedor authorized by this chapter and rules of practice before the agency. togetherwith forms and instructions: Provided, 

### That rules for the conduct of contested cases shall be those which

are promulgated by the chief administrative law judge pursuant to RCW 

### 34.04.022,. as now or hereafter amended. (2) To assist interested persons dealing with it, each agency shall adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information and make submissions or requests. No person may be required to comply with agency procedure
not adopted as a rule as herein required. (3) To the extent not prohibited by federal law or regulation. nor prohibited for reasons of confidentiality by state law, each agency shall keep on file for public inspection all final orders. decisions. and opinions in contested cases and any digest or index to those 

### orders;

(Q. 34.04RCW"""'1l 1) 

### decisions. or opinions prepared by the agency for its own

use. No agency order, decision, or opinion is valid or effective against any person, nor may it be invoked by the agency for any purpose, unless it isavailable for public inspection as herein required. This provision is not applicable in favor of any person who has actual knowledge thereof. 

### [1981 c 

### 67 § 13; 

### 1967 c 

### 237 § 2; 

### 1959c 

### 234 § 2.]

Effecthe dat---se.enbillty--1981 c 67: See notes foHowing RCW 34.12.010.



### RCW 

### 34.04.022 Uniform procedural rules-Applicatiott--Conduct of contested cases. On or before July I, 

### 1967, the code reviser shall add toTitle I of the Washington Administrative Code a new chapter to be known as chapter 

### 1-08 WAC--Uniform Procedural Rules, which shall become effective July I, 

### 1967, and shall govern the administrative practiceand procedurein and before all agencies which have not adopted comprehensive rules of practice and procedure prior to that date. Except for the numbering thereof, such rules shall be identical with the rules contained in WAC 

### 308--08- 010 through 

### 308-08-590as the same existed on January 

### 3, ·1966: Provided, 

### That in publishing chapter 

### 1-08 WAC the reviser may revise such terms as are used in chapter 

### 308-08 WAC to describe •agency". •department", "board", "commission". and like terms, so as to enable the use of such rules bymultiple agencies. The chief administrative law judge shall promulgate uniform procedural.rules governing the conduct of contested cases. The rules may consist of, may be based upon, or may completely replace the rules codified in chapter 

### 1-08 WAC as ofJune 

### 30. 1981. From time to time thereafter the chief administrative lawjudge may modify the uniform procedural rules. The chief administrative law judge may adopt rules with variations from the uniform rules for an agency if the chief administrative law judge determines there are sufficient demonstrable needs for variations. Variations shall. to the greatest practicable extent. embody the 'un. form rules of practice and procedure. 

### [1981 c 

### 67 § 14; 1967 c 237 § 12.)

EffectiYe dates---Se,erability--1981 c 67: See notes following RCW 34.12.010.



### RCW 

### 34.04.025 Notices of intention to adopt rules----Opportunity to submit data--Proceedings on rule barred until twenty days after register distribution--Noncompliance. effect. (I) Prior to the adoption, amendment, or repeal of any rule, each agency shall: (a) File notice thereof with the code reviser in accordance with RCW 

### 34.08.020(I) for publication in the
state register, and with the rules review committee, and mail such notice to all persons who have made timely request of the agency for advance notice of its rulemaking proceedings. Such notice shall also include (i) reference to the authority under which the rule is proposed, (ii) a statement ofeither the terms or substance of the proposed rule or a description of the subjects and issues involved, and (iii)the time when, the place where,

(1983 Laws)Administrative ProcedureAct 34.04.030**an~ th~**  manner in which interested persons may present· theirviewsthereon;

. (b) Afford all interested persons reasonable opportuOItY.to submit data. views, or arguments. orally or in wntl.ng. In case ofsubstantive rules, opportunity for oral hearing must be granted if requested by twenty-five
persons.**~y** agovernmental subdivision or agency. bythe rules review committee. or by an association having not lessthan twenty-five members. (2) The agency shall make every effort to insure that the**infor~ation** on the proposed rule circulated pursuant tosubsection (I)(a) of this section accurately reflects the rule to be presented and discussed at any oral hearing on such rule. Where substantial changes in the draft of the proposed rule are made after publication ofnotice in the register which would render it difficult for interested persons toproperly commenton the rule without further notice, new notice of the agency's intended action as provided in subsection (I)(a) of this section shall be required. (3) The agency shall consider fully all written and oral submissions respecting the proposed rule including**thos~ ad~r~ssing**  .the question of whether the proposed rule IS within the intentofthe legislatureas expressed by the statute which the rule implements, and may amend the**propose~** rule at the oral hearing or adopt the pro**pos~** rule, Ifthere are no substantial changes, without**r~fihng** the notice required by this section. Upon adoption of a rule, the agency, ifrequested to do. so by an interested person either prior to adoption or within thirty days thereafter, shall issue a concise statement of the**pri~cipal re~so~s**  for and against its adoption, incorporating therein Its reasons for overruling the considerations urged againstits adoption. (4) No proceeding may be held on any rule until twenty days have passed from the distribution date of the register in which notice thereofwas contained. The code**rev.is~r** shal.1 make provisions for informing an agency giving notice under subsection (I) ofthis section of the distribution date of the register in which such notice will

### bepublished.

. . (5) No rule hereafter adopted is valid unless adopted

10substantialcompliancewith this section, unless it is an
emergency rule designated as such and is adopted in substantial compliance with RCW 34.04.030, as now or hereafter amended. In any proceeding a rule cannot be contested on the ground of noncompliance with the pro**c~dural** requirements of RCW 34.08.020(I), of this secnon, or of RCW 34.04.030, as now or hereafter amended, aftertwo years have elapsed from the effective date of the rule. [1982 c 221 

### § I; 1981 c 324 

### § 3; 1977 ex.s. c 240 § 7; 1971 ex.s. c 250 

### § 17; 1967 c 237 

### § 3.]

LtgIsIatiYe amrmation---Se'erablllty-\98\ c 314: See notes following RCW 34.04.010.

Errecthe date:--\977 ex.s. c 140: See note following RCW 34.08.010.**~enblllty-1977** ex.s, e 140: See RCW 34.08.910.

Coastrvcllort-----'Wnnblllty-\97' n.s. c 150: See RCW 42-

..10.910.42.30.920. Agencyduties and options whenadoptingruleaffectingsmall business'

RCW 19.85.030.

.

(1983 Laws) . Small business economic impact statement-Purpose--Contents: RCW 19.85.040.**RC~** 34.04.026**~pecific** reference to rule-making authority to be IOciuded--Alternatives--Format--Request for more specific reference. (I) In addition to the provisions of RCW 34.04.025(I)(a)(i),
every agency shall incorporate the most specific, but in

no case omit all. of the following language alternatives when adopting or amending rules: (a) The most specific reference shall be to a section of law which the rule is implementing, and shall 

### bequoted as follows: "This rule is promulgated pursuant to RCW

_______________ and is intended to administratively implement that statute." (b) The next specific reference, and one which shall be used only if paragraph (a) of this subsection is not applicable, shall be to that portion of an act which directs an agency to adopt rules and regulations as necessary to implement the act, and shall be quoted as follows: "This rule is promulgated pursuant to RCW

_____: : which directs that the (agency) has authority to Implement the provisions of (name ofactor RCW citation).· (c) The least specific reference, and one which shall be used only ifparagraphs (a) and (b) ofthis subsection

are not applicable, is one which indicates that the rule

### is**pro~ulgated. unde~**  the agency's broad rule-making au>,. thority-e-c-either m the agency enabling legislation on;. chapter 34.04 RCW, and shall be quoted as follows» ."This rule.is promulgated under the general rule-maks-,

109 authority of the (agency) as authorized in RC\V1



### • (2)

### T~e code

### revise~ is directed to develop a format: for placing such specific language in each rule, and' agencies shall then comply with the code reviser's direc-:.. tion, and shall include the same in the final rule. "

. (3) During the promulgation hearings process the public may question whether such rule should have a.

more specific reference, and the agency shall, 

### pursuant, to RCW 34.04.025(I)(b), give consideration to such reo' quests. [1977 c 19 

### § 2.)
Agency, plan to review all rules affecting industry and businesses

thereln---8cope-FaclOrs applicable upon rule review-Annual list of rules 10 be reviewed: RCW 19.85.050.

RCW 

### 34.04.02i Failure to give twenty days notice ofintended action--Effect. When twenty days notice of intended action to adopt. amend or repeal a rule has not been filed with the code reviser, as required in RCW 34.04.025, the code reviser shall not publish such rule and such rule shall not be effective for any purpose. [1967 c 237 

### § 4.)

RCW 34.04.030 Emergency rules and amendments. If the agency finds that immediate adoption or amend**men~** of a rule is necessary for the preservation of the public health. safety. or general welfare, and that observance of .the requirements of notice and opportunity to present**vle~s.** on the proposed action would becontrary to th.epublicinterest. the agencymaydispense with such requirements and adopt the rule or amendment as an


### ICb. 34.04RCW--ll

### 3134.04.030 Administrathe Procedure Act

emergency rule or amendment. The agency's finding and

a concisestatementofthe reasons for its finding shall be incorporated in the emergency rule or amendment as filed with the office ofthe code reviser under RCW 34- .04.040 and with the rules review committee. An emergency rule or amendment may not remain in effect for longerthan ninety days afterfiling. This sectiondoes not relieve any agency from compliance with any law requiring that its permanent rules be approved by designated persons or bodies before they become effective. [1981 c 324 

### §4; 1977 ex.s. c 240 § 8; 1959 c 234 

### § 3.]



### 1.eIbIatlft afl1rmad---se.erablllty--I981 c 314: See notes followingRCW 34.04.010.

Effect'.e d.t

__1977 ex.s. c 140: See note following RCW 34.08.010.

SeftrabfJJty--1977ex.s. e 140: See RCW 34.08.910.

RCW 34.04.040 Rules filed with code reviser-- Register--Effectivedates--Report. (I) Each agency shall file forthwith in the office of the code reviser a certified copy of all rules now in effect and hereafter adopted, except the rules contained in tariffs filed with

or publishedby the Washington utilities and transportation commission. The code reviser shall keep a permanentregisterofsuch rules open to public inspection. (2) Emergency rules adopted under RCW 34.04.030 shall become effective upon filing. All other rules hereafter adopted shall become effective upon the expiration ofthirty days after the date of filing, unless a laterdate isrequired by statuteor specified in the rule. (3) The code reviser shall report to each regular session ofthe legislature during an odd-numbered year on the stateofcomplianceofthe agencies with this section. For this purpose, all agencies shall supply the code reviser with such information as he may request. [1980 c 87 

### § 11; 1959 

### c 234 § 4.]

RCW 34.04.045 Statement of proposed rule's purpose and how**implement~ontents-Distribution** by agency. (1) For the purpose of legislative review of
agency rules filed pursuantto this chapter. any proposed

new or amendatory rule shall be accompanied by a
statement prepared by the adopting agency which generally describes the rule's purpose and how the rule is to 

### beimplemented. Such statementshall be on the agency's stationeryor a form bearing the agency's name and shall contain, butis not limited to. the following: (a) A title, containing a description ofthe rule's purpose and any other information which may be of assistance inidentifying 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 summary of the rule and a statement of the

reasons supportingthe proposed action;

.(d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, andenforcementofthe rule; (e) The name of the person or organization, whether private. public,or governmental,**propo~ing_** the rule;

[CIL34.04RCW-p41 (f) Agency comments or recommendations. if any. regarding statutory language. implementation. enforcement. and fiscal matters pertainingto the rule; (g) Whether the rule is necessary as the result of federal law or federal or statecourt action. and if so, a copy of such law or court decision shall be attached to the purpose statement; (h) A copy of the small business economic impact
statement. whereapplicable. (2) Upon filing notice of the proposed rule with the code reviser. the adoptingagency shall have copies of the
statement on file and available for public inspection and shall forward three copies of the' notice and the statement to the rules review committee. [1982 c 221 § 2; 1982

### c 6 

### § 7; i980

### c 186 § 10; 1977

### ex.s. c 84 § I.)

Sen,.bl1lty--1981 e 6:See RCW 19.85.900.**~erabl1lty--I980** c 186: 'Ifany provision of this 1980 act or iu application to any person orcircumstance 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.) Small business economic impact statement-Purpose-Contenu:

RCW 19.85.040.

RCW 34.04.048 Withdrawal of proposed rules. (1) A proposed rule may be withdrawn by the proposing
agency at any time before adoption. A withdrawn rule may not be adopted unless it is again proposed in accordance with RCW 34.04.025 as now or hereafter amended. (2) Rules not adopted within one year after publication of the text as last proposed in the register shal1 be regarded as withdrawn. An agency may not thereafter adopt the text of the rules without filing the text in accordance with RCW 34.04.025 as now or hereafter amended. The code reviser shall give notice of the withdrawal in the register. [1980 c 186 § 11.]

Se.ef8bllity--1980e 186:See notefollowing RCW 34.04.045.

RCW 34.04.050 Code reviser to compile and edit rules, publish**register--Remo~al** of unconstitutional rules-Distribution of registers and codes--County law library trustees to maintain set-Judicial notice of rules. (1) The code reviser shall. as soon as practicable after March 23. 1960. compile and index all rules adopted by each agency and remaining in effect. Compilations shall be supplemented or revised as often as
necessary and at least once every two years. (2) The code reviser shall publish a register in which he shal1 set forth the text of all rules filed during the appropriate register publication period. (3) The code reviser may. in hisdiscretion. omit from the register or the compilation, rules, the publication of which would be unduly cumbersome. expensive. or otherwise inexpedient. if such rules are made available in printed or processed form on application to the adopting agency. and if such register or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereofmay be obtained. (4) The code reviser may edit and revise rules for publicationv-codification.rand compilation, without

(1983 Laws) 

# ,

JAdministrative ProcedureAct 

### 34.04.060

changing the meaning of any such rule, in accordance with the provisions ofRCW 34.04.052.

(5) When a rule. in whole or in part. is declared invalid and unconstitutional by a court of final appeal, the adopting agency shall give notice tothat effect in the register. With the consent ofthe attorney general, the code reviser may remove obsolete rules or parts of rules from the Washington Administrative Code when: (a) The rules are declared unconstitutional by a court of final appeal; or (b) The adopting agency ceases to exist and the rules

are nottransferred bystatute to a successoragency. (6) Registers and compilations shall be made available, in written form to (a) state elected officials whose offices are created by Article II or III of the state Constitution or by RCW 48.02.010, upon request, (b) to the secretary of the senate and the chiefclerk of the house for committee use, as required, but not to exceed the number of standing committees in each body, (c) to countyboardsof law library trustees and to the Olympia representatives of the Associated Press and the United Press International without request, free of charge, and (d) tootherpersons at a price fixed by the code reviser. (7) The board of law library trustees of each county shall keep and maintain a complete and current set of registers and compilations for use and inspection as provided in RCW 27.24.060.

. (8) Judicial notice shall be taken of rules filed and published as provided in RCW 34.04.040 and this section. [1982 1st ex.s, c 32 § 7; 1980 c 186 § 12; 1977 ex.s. c 240 

### § 9; 1959 c 234 

### § 5.J

Setenltillty-I980e 186:Seenotefollowing RCW 34.04.045. Effecthe date-1977 ex.s, e 240: Sec note following RCW 34.08.010.

Setenltility-I977ex.s.e 240:SceRCW 34.08.910.

RCW 

### 34.04.052 Scope of editing and revision of rules. Subject to such general policies as may be promulgated by the statute law committee and to the general supervision of the committee, the code reviser shall edit and revise agency rules for consolidation into the Washington Administrative Code, to the extent deemed
necessary and desirable by the reviser and without changing the meaning of any such rule, in the following respects only:

. (I) Make capitalization uniform with that followed generally in the Washington Administrative Code; (2) Make chapter or section division and subdivision designations uniform with that followed in the Washington Administrative Code; (3) Rearrange any misplaced material. incorporate
any omitted material as well as correct manifest errors in spelling, manifest clerical or typographical errors, or

errors by way ofadditions or omissions; (4)**~orrect** manifest errors in references. by chapter or section number. toother laws or rules; (5)**Corre~t** manifesterrors or omissions in numbering

or renumbering sections of the Washington Administrative Code; (6) Strike provisions manifestly obsolete. [1980 c 186 

### § 13.J

(1983 Laws) Se.erabilltY-l980c 186:Sec notefollowing RCW 34.04.045.

RCW 

### 34.04.055 Regulations on filing and form of rules and notices. The code reviser may prescribe regulations for carrying out the provisions of this chapter relating to the filing and publication of rules and notices of intention to adopt rules. including the form and style to be employed by the various agencies in the drafting of such rules and notices. [1967 c 237 

### § 13.J

RCW 

### 34.04.057 Style, format, and numbering of rules--Agency compliance. After the rules of an agency have been published by the reviser: (I) All agency orders amending or rescinding such rules, or creating new rules, shall be formulated in accordance with the style. format, and numbering system ofthe Washington Administrative Code, and (2) Any subsequent printing or reprinting of such rules shall be printed in the style and format (including the numbering system) ofsuch code. [1967 c 237 

### § 14.]

RCW 

### 34.04.058 Format and style of rules amending existing sections, adding new sections--Effect offailure to comply. (I) Rules promulgated by an agency pur-. suant to RCW 34.04.025 or 34,04.030, as now or: hereafter amended, which amend existing sections ofthe administrative code shall have the words which are amendatory to such existing sections underlined. Any.
matter to be deleted from an existing section shall 

### be. indicated by setting such matter forth in full. enclosed','. by double parentheses, and such deleted matter shall 

### be. lined out with hyphens. In the case of a new 

### sectionc such shall be designated "NEW SECTION" in upper.";

case type and such designation shall be underlined.

### bui~~. the complete text of the section shall not be underlined'

..:.' No rule may be forwarded by any agency to the code reviser, nor may the code reviser accept for filing anf,. rule unless the format ofsuch rule is incompliance with the provisions of this section. (2) Once the rule has been formally adopted by the agency the code reviser need not, except with regard to., the register published pursuant to RCW 34.04.050(2),' include the items enumerated in subsection (I) of this section in the official code. (J) Any addition to or deletion from an existing code section.not filed by**~he ag~ncy**  in the style prescribed by subsection (I) of this section shall in all respects be ine.ffectuaI. and**~~all** ?ot be shown in subsequent publicanons or codifications of that section unless the ineffectual portion of the rule is clearly distinguished**an~** an**~xplanatory** note is appended thereto by thecode reviser In accordance with RCW 34.04.050. as now or hereafter amended, and RCW 34.04.052. [1980 c 186 

### § 14; 1977 c 19 

### § I.]

Se.erability-1980c 186:Sec notefollowing RCW 34.04.045.

RCW 

### 34.04.060 Petition for adoption, amendment, repeal of.**~ule---Agency** action. Any interested person may pennon an agency requesting the promulgation.**amen~ment,** or repeal of any rule. Each agency shall prescribe by rule the form for such petitions and the.

(CIa.**~.04** RCW-p 5)**-~-~--~--** ---_._---

..



### 34.04.060 Administrative Procedure Act

procedurefor their submission. consideration. and disposition. Within thirty days after submission of a petition.

or at the next meeting of the agency if it does not meet within thirtydays. the agency shall formally considerthe petition and shall within thirty days thereafter either deny the petition in writing (stating its reasons for the denial) or initiate rule-making proceedings in accordance with RCW 34.04.025. [1967 c 237 § 5; 1959 c 234 

### § 6.)

RCW 34.04.070 Declaratoryjudgmenton validity of rule---Small business economic impact statement action as partof record. (I) The validity of any rule may be determined upon petition for a declaratoryjudgment thereon addressed to the superior court of Thurston county. when it appears that the rule. or its threatened application. interferes with or impairs or immediately threatens to interfere with or impair. the legal rights or privileges of the petitioner. The agency shall be made a party to the proceeding. The declaratoryjudgment may be rendered whether or not the petitioner has first requestedthe agency to pass upon the validity of the rule inquestion. (2) In a proceeding under subsection (1) of this section the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was adopted without compliance with statutory rule-making procedures. (3) A petition for a declaratoryjudgmentpursuant to this section may not be solely based on the contents of thesmall business economicimpactstatement. However. in thecaseof apetition for a declaratoryjudgmentas to the validity of any rule which is adopted after June 10. 1982. and which is based on grounds other than the
contents of the small business economic impact statement. the compliance or noncompliance by the agency with the provisions of this chapter and where applicable the small business economic impact statement shall constitute part of the whole record of the agency's action in connectionwith the petition. [1982c 6 § 8; 1959 c 234 § 

### 7.)

SeY m bUity- I982c6: See RCW 19.85.900. Small business economic impact statement-Purpose--Contents:

RCW 19.85.040.



### RCW 34.04.080 Declaratory ruling by agency-- Petidon---Court review. On petition of any interested
person. an agency may issue a declaratory ruling with respect to the applicability to any person. property. or state of facts of any rule or statute enforceable by it. A declaratory ruling. if issued afterargument and stated to be binding. is binding between the agency and the petitioner on the state of facts alleged. unless it isaltered or setasideby a court. Such a ruling is subject to review in the superior court of Thurston county in the manner hereinafter provided for the review of decisions in contested cases. Each agency shall prescribe by rule the form for such petitions and the procedure for their submission. consideration, anddisposition. [1959c 234 

### §

## 8.1

(Cb. 34.04RCW.,. 61 

### RCW 34.04.090 Contested cases--NoticeHearing--8ummary orders--Informal disposition--Record--Findings of fact--Agency's puwers, (I) In any contested case all parties shall be afforded an opportunity for hearing after not less than twenty days' notice; but no hearing shall be required until the hearing is demanded unless other statutory provisions or agency rules provide otherwise. The notice shall include: (a) A statement of the time, place and. nature of the proceeding; (b) Astatementof the legal authority andjurisdiction under which the hearing is to be held; (c) A reference to the particular sections of the statutes and rules involved; (d) A short and plain statement of the matters asserted. Iftheagency or otherpartyisunable to statethe
matters indetail atthe time the notice is served. the initial notice may be limited to a statement of the issues involved. Thereafter upon request a more definite and detailed statementshall be furnished. (2) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved. (3) 

### An agency may provide by rule for entry of summary orders in partor in whole after notice and hearing to all parties. The motion shall be granted if the pleadings. dispositions and admissions on file. together with the affidavits. if any, show thereis nogenuine issue as to any material fact and that the moving party is entitled to the order as a matter of law. (4) Unless precludedby law, informal disposition may also be made of any contested case by stipulation. agreed settlement. consent order. ordefault. (5) The record in a contestedcase shall include: (a) All pleadings, motions. intermediaterulings; (b) Evidence received orconsidered; (c) A statementofmatters officially noticed; (d) Questions and offers of proof, objections. and ruling thereon; (e) Proposed findings and exceptions; (f) 

### Any decision, opinion. or report by the officer presiding at the hearing. (6) Oral proceedings shall be transcribed for the purposes ofagency decision pursuantto RCW 34.04.110, as

now or hereafter amended, rehearing. orcourtreview. A copy of the record or any part thereof shall be transcribed and furnished to any party to the hearing upon request therefor and payment of the reasonable costs thereof. (7) Findings of fact shall be based exclusively on the evidence and on matters officially noticed. (8) Each agency shall adopt appropriate rules of procedure for notice and hearing incontestedcases. (9) Agencies. or their authorizedagents, may: (a) Administer oaths and affirmations. examine witnesses. and receive evidence, and no person shall be compelled to divulge information which he could not be compelled to divulge in acourtof law, (b) Issue subpoenas as provided inRCW 34.04.105.

(1983 Laws) 

# 1

### Administrative ProcedureAct 34.04.105

(c) Rule upon offers of proof and receive relevant evidence, (d) Take or cause depositions to be taken pursuant to rules promulgated by the agency, and no person shall be compelled to divulge information which he could not be compelled to divulge by deposition in connection with a court proceeding. (e) Regulatethe course of the hearing, 

### (0 Hold conferences for the settlement or simplification of the issues by consent of the parties, (g) Dispose of procedural requests or similar matters, (h) Issuesummaryorders, (i) Make decisions or proposals for decisions pursuant to RCW 34.04.110, 

## U> Take any other action authorized by agency rule consistent with this chapter. [1980 

### c 3\ § \; 1967

### c 237 § 9; 1959

### c 234 § 9.]



### RCW 34.04.100 Contested cases-Rules of evidence---Cross-examination. Incontestedcases: (l) 

### Agencies. or their authorized agents. may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct oftheiraffairs. They shall give effect to the rules of privilege recognized by law. They may exclude incompetent, irrelevant. immaterial. and unduly repetitious evidence. (2) All evidence. including but not limited to records and documents in the possession of the agency of which it desires to avail itself, shall be offered and made apart of the record in the case. and noother factual information or evidence shall beconsidered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. (3) Every party shall have the right of cross-examination of witnesses who testify. and shall have the right to submit rebuttal evidence. (4) Agencies, or their authorized agents, may take notice of judicially cognizable facts and inaddition may take notice of general, technical, or scientific facts within their specialized knowledge. Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed. and they shall beafforded an opportunity to contest the facts so noticed. Agencies, or their authorized agents, may utilize their experience. technical competence. and specialized knowledge in the evaluationof the evidence presented to them. [1959 

### c 234 § 10.]



### RCW 34.04.105 Agency bearings and contested cases--Hearings, oaths, subpoenas, evidence, witnesses Contempt. (I) In order to determine the necessity or desirability ofadopting. amending, repealing, or otherwise revising a rule or proposed rule, agencies may hold public hearings, subpoena witnesses, administer oaths. take the testimony of any person under oath, and in connection therewith. require the production for examination of any books or papers relating to the subject matter of contemplated regulation. Each agency may make rules as to the issuance of subpoenas by the

(1983 laws) 

### agencyor itsauthorized agents. This subsectionshall not preclude the exercise of subpoena powers for investigative purposes granted agencies by other statutory provisions. (2) In any contested case after service of notice as required in RCW 34.04.090(

### I). as now or hereafter amended. agencies. their authorized agents, and hearing examiners hearing the case: (a) Shall issue a subpoena upon the request of any party and. to the extent required by agency rule. upon a
statement showing general relevance and reasonable scope of the evidence sought: Provided. however, That such subpoena may be issued with like effect by the attorney of record of the party to the contested case in whose behalfthe witness is required to appear. and the form of such subpoena in each case may be the same as when issued by the agency except that it shall only be subscribed by the signature of such attorney; (b) May issue asubpoena upon their own motion. (3) The subpoena powerscreated by this section shall bestate-widein effect. (4) Witnesses in an agency hearing or contested case shall be paid the same fees and allowances, in the same
manner and under the same conditions, as provided for witnesses in the courts of this state by chapter 2.40 

### RCW and by RCW 5.56.010, 

### as now or hereafter amended: Provided. That the agency shall have the power to fix the allowance for meals and lodging in like

manner as is provided in RCW 5.56.010, 

### as now or: hereafter amended. as to courts. Such fees and allow" ances, and the cost of producing records required to be 

### produced by agency subpoena. shall be paid by the agency or, in a contested case. by the party requesting, the issuance of the subpoena.

. (5) If

### an individual fails to obey a subpoena. or obeys

a subpoena but refuses to testify when requested 

### concerning any matter under examination or investigation at the hearing, the agency or attorney issuing the subpoena may petition the superior court of the county where the hearing is being conducted forenforcementof the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service. and shall set forth in what specific mannerthe subpoena has not been complied with, and shall ask an order of the court to compel the witness to 

### appear and testify before the agency. The court upon such petition shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and then and there to show cause why he has not responded to the subpoena or has refused to testify. A copy of the order shall be served upon the witness. If it appears to the
courtthat the subpoena wasproperly issued 'andthatthe particular questions which the witness refuses to answer

are reasonable and relevant, and in the case of a rulemaking hearing that the requested appearance and testimony are necessary to secure information the expected
nature of which would reasonably tend to cause the agency to exercise its rule-making authority, the court shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers. and on failing to obey said order the



### ICb. 34.04RCW-p

### 7J**~~---~----**



### 34.04.105 Administrative ProcedureAct

witness shall be dealt with as for contempt of court. [1967 c 237 

### § 10.]

RCW 

### 34.04.110 Contested cases--Procedure 

### wben deciding officials have not heard or read evidence. Whenever in a contested,case a majority ofthe officials of the agency who are to render the final decision have
not heardor readtheevidence, the decision. ifadverse to

a party to the proceeding other than the agency itself, shall not bemade until a proposal fordecision, including findings of fact and conclusions of law has been served upon the parties, and an opportunity has been afforded each party adversely affected to file exceptions and present written argument to a majority of the officials who are to render the decision, who shall personally consider the whole record or such portions thereof as may be cited by the parties. Oral arguments may be heard inthe discretion of the agency. [1959 c 234 

### § 11.]

RCW 

### 34.04.115 Consultation

### byagency officeras to 

### issues. Exceptupon notice andopportunity for all parties
to bepresentor to theextentrequired for thedisposition ofex parte matters as authorized by law, no hearing examineror agencyor member of an agency presiding in a contested case or preparing a decision, or proposal for decision shall consult with any person or party on any issue offact or law in the proceeding, exceptthat in analyzing and appraising the record for decision any agency member or hearing examiner may (I) consult with members of the agency making the decision, (2) have the aid and advice ofone or more personal assistants, (3) have the assistance ofother employees of the
agency who have not participated in the proceeding in
any manner, who are not engaged for the agency in any investigative functions in the same or any current factually relatedcaseandwho are not engaged for the agency inany prosecutory functions. [1967 c 237 § 11.]

RCW 

### 34.04.120 Contested cases-Adverse decisions and orders--Findings and conclusions. Every**rj~.** cision and order adverse to a party to the proceeding, rendered by an agency in a contested case, shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of each fact found upon each contested issue of fact. Parties to the proceeding shall be notified of the decision and order in
personor by mail. A copy ofthe decision and order and accompanying findings and conclusions shall be delivered or mailed to each party and to his attorney of record, if any. [1975c 12 

### § I: 1959 c 234 

### § 12.]

RCW 

### 34.04.130 Contestedcases-Judicial review. (I) Any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, is entitled to judicial review thereof only under the provisions of ·this 1967 amendatory act, and such person may not use any other procedure to obtain judicial review of a final decision, even though another procedure is provided elsewhere by a special statuteor a statute ofgeneral 

### application. Where the agency's rules

---- -. --**-~-** -- -- - -

(Cb.34.04RCW-p81 provide a procedure for rehearing or reconsideration, and that procedure has been invoked, the agency decision shall not be final until the agency shall have acted thereon. (2) Proceedings for review under this chapter shall be institutedby filing a petition in the superiorcourt. at the petitioner's option. for (a) Thurston county. (b) the county of the petitioner's residence or principal place of business. or (c) in any county where the property owned by the petitioner and affected by the contested decision is located. The petition shall be served and filed within thirty days after the service of the final decision of the agency. Copies of the petition shall be served upon the
agency and all parties of record. If a timely petition is filed any party ofrecord not filing orjoining in the first petition who wants relieffrom the decision must join in the petition or serve and file a cross-petition within twenty days after service of the first petition or thirty days after service of the final decision of the agency, whichever period of time is longer. The court, in 

### its discretion, may permit other interested persons to intervene. (3) The filing of the petition shall not stay enforcement of the agency decision. Where other statutes provide for stay or supersedeas of an agency decision, it
may be stayed by the agency or the reviewing courtonly

as provided therein; otherwise the agency may do so, or the reviewing courtmay order a stay upon such terms as it deems proper.

. (4) Within thirty days after service of the petition, or within such further time as the court may allow, the
agency shall transmit to the reviewingcourt the original

or a certified copy of the entire.record of the proceeding under review; but, by stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court (or the additional
costs. The court may require or permit subsequent corrections or additions to the record when deemed desirable. (5) The review shall be conducted by the court without a jury and shall be confined to the record, except that incases ofalleged irregularities inprocedure before the agency, not shown in the record, testimony thereon may be taken in the court. Thecourtshall, upon request, hear oral argumentand receive written briefs. (6) The court may affirm the decision of the agency

or remand the case for further proceedings; or it may

reverse the decision if the substantial rights of the petitioners may have been. prejudiced because the administrative findings. inferences. conclusions, or decisions are: (a) inviolation ofconstitutional provisions; or (b) in excess of the statutory authority orjurisdiction of the agency; or (c) made upon unlawful procedure; or (d) affected by other error of law; or (e) clearly erroneous in view of the entire record as submitted and the public policy contained in the act of the legislature authorizing the decision ororder; or (f) arbitrary or capricious. [1977 ex.s. c 52 § I: 1967

__ 237 § 6: 1959c 234 § 13.]

(1983 Laws) 

# 1

### . \ 

# . Administrative Procedure Act 34.04.210

eRe.iMr', note:This 1967amendatory act (1967 c 237) iscodified

as RCW 34.04.010, 34.04.020, 34.04.022. 34.04.025. 34.04.027, 34- .04.055.34.04.057,34.04.060.34.04.090.34.04.105.34.04.115.34.04- .130. 34.04.150. 34.04.170, 34.04.901. 34.04.910. 34.04.921. 34.04.93I. 34.04.940, 48.03.070, 48.04.010. 48.04.040. 48.04.090. 48.52.060. 66· .08.150.and 82.32.130. Sections 21 and 22,chapter 237. Laws of 1967 (uncodified) were repealed bychapter 71. Laws of 1967extraordinary session.



### RCW 34.04.133 

### Contested cases--Direct review by court of appeals. The final decision of an administrative agency in a contested case under chapter 34.04 RCW may be directly reviewed by the court of appeals upon certification by the superior court pursuant to this section. An application for such direct review must be filed with the superior court within thirty days of the filing of the petition for review in superior court. The superior court may certify a case for direct review only if the judicial review is limited to the record of the agency proceeding and the court finds that: (I) 

### Fundamental and urgent issues affecting the future administrative process or the public interest are involvedwhich require a promptdetermination; (2) 

### Delay in obtaining a final and prompt determination of such issues would bedetrimental to any party or the public interest; (3) An appeal to the court of appeals would be likely regardless of the determination in superior court; and (4) The appellate court's determination in the proceeding would have significant precedential 

### value. [1980



### c76

### § I.)



### RCW 34.04.135 

### Contested cases--Refusal of review by court of appeals. The court of appeals may refuse to accept review of a case certified pursuant to RCW 34.04.133. The refusal to accept such review is not subject to further appellate review. notwithstanding . anything in Rule 13.3 of the Rules of Appellate Procedure to the contrary. [1980 c 76 § 

### 2")

RCW 34.04.140 

### Appeal to supreme court or court of appeals. An aggrieved party may secure a review of any final judgment of the superior court under this chapter by appeal to the supreme court or the court of appeals. Such appeal shall be taken in the manner provided by law for appeals from the superior court in other civil
cases, [1971 c81 § 

### 87; 1959 c 234

### § 14.]

RCW 34.04.150 

### Exclusions fromchapteror parts of chapter. Except as provided under RCW 34.04.290. this chapter shall not apply to the state militia. or the board of prison terms and paroles. or any institution of highereducation as defined in RCW 288.19.020. The provisions of RCW 34.04.090 through 34.04.130 shall not apply to the board of industrial insurance appeals or the board of tax appeals unless an election is made pursuant to RCW 82.03.140 or 82.03.190. The provisions of RCW 34.04.090 through 34.04.130 and the provisions ofRCW 34.04.170 shall not apply to the denial. suspension. or revocation of a driver's license by the department of licensing. To the extent they are inconsistent with RCW 80.50.140. the provisions of RCW 34.04.130.

(1983 Laws) 

### 34.04.133. and 34.04.140 shall not apply to review ofdecisions made under RCW 80.50.100. All other agencies. whether or not formerly specifically excluded from the provisions of all or any part of the administrative procedure act. shall be subject to the entire act. [1982 c 221 § 6; 1981 c 64 § 2; 1979 c 158 § 90; 1971 ex.s, c 57 § 

### 17; 1971 c 21 § I; 

### 1967ex.s. 

### c71 § I; 

### 1967 c 237 

### §7; 1963 c 237 § I; 

### 1959 c 234 § 15.)

Effecti'e**dat~,erability-1971** ex.s, e 57: See notes following RCW 288.19.010.



### RCW 34.04.170 

### Provisions applicable to licenses and licensing. (I) 

### When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of acontinuing nature. an existing full, temporary. or provisional license does notex.pire until the application has been finally determined by the agency. and. in case the application is denied or the terms of the new license limited. until the last day for seeking review of the agency order or alater date fixed byorderof the reviewing court. (2) If 

### the agency finds that public health. safety. orwelfare imperatively requires emergency action. and incorporates a finding to that effect in its order. summary suspension of a license may be ordered pending proceed

### ings for revocation or other action. These proceedings shall be promptly instituted and determined. [1980 c 33 §1;1967c237·§8.)

.
RCW 34.04.210 

### Joint administrative rules review committee---Members--Appointment-- Terms---Vacancies. (I) 

### There is herebycreateda join]' administrative rules review committee which shall

### be:~~ bipartisan committee consisting of four senators and: four representatives from the state legislature. The seqate members of the committee shall be appointed by the president of the senate. and the house members of tile committee shall be appointed by the speaker' of the house. Not more than two members from each house may be from the same political party. Allappointments to thecommitteeare subject to approval by thecaucuses to which the appointed members belong. (2) 

### The initial members of the committee shall be appointed as soon as possibleafter July 26. 1981. and shall serve until the next regular session of the legislature convenes in an odd-numbered year. Thereafter members shall be appointed as soon as possibleafter the legislature convenes in regular session in an odd-numbered year, and their terms shall extend until their successors are appointed and qualified at the next regular session of the legislature in an odd-numbered year or until such members no longer serve in the legislature. whichever

occurs first. Members may be reappointed to a committee. (3) The president of the senate shall appoint the chairperson ineven-numbered years and the vicechairperson in odd-numbered years from among committee membership. The speaker of the house shall appoint the chairperson in odd-numbered years and the vice chairperson in even-numbered years from among committee

(0. 34.04RCW-99134.04.210 Administrative ProcedureAct

membership. Such appointments shall 

### bemade in January ofeach year as soon as possible after a legislative session convenes. (4) A vacancy on the committee shall be filled by appointmentof a legislatorfrom the samepolitical party as the original appointment. The appropriate appointing authority shall make the appointment within thirty days ofthe vacancy occurring. [1983 c 53 

### § 1; 1981 c 324 

### § 5.)

Lepsl8dft**.mrma~erablUty-1981** c 324: See notes following RCW 34.04.010.

RCW 34.04.220 Review of proposed rules--Notice, Whenever a majority of the members of the rules review committee determines that a proposed rule is not within the intent of the legislature as expressed in the
statute which the rule implements, the committee shall give the affected agency written notice of its decision. Thenoticeshall be given at leastseven days priorto any hearing scheduledfor considerationofor adoptionofthe proposed rule pursuant to RCW 34.04.025(I)(a)(iii) as

now or hereafter amended. The notice shall include a statement of the review committee's findings and the

reasons therefor. [1981 c 324 § 6.}

Lepsl8d'e .fflrmatioD---SeterablUty-1981 c 324: See notes following RCW 34.04.010.

RCW 34.04.230 Review of existing rules--Notiee---Hearing. (1) All rules required to 

### be filed pursuant to RCW 34.04.040. and emergency rules adopted pursuant to RCW 34.04.030 as now or hereafter amended. are subject. to selective review by the legislature. (2) 

### Ifthe 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. or (b) that the rule has not been adopted in accordance with all applicable provisionsof law, the agency affected shall be notifiedof such finding and the reasons therefor. Within thirty days of the receipt ofthe rules review committee's notice. the
agency shall file notice of a hearing on the rule in question with the code reviser and mail notice to all persons who have made timely requestof the agency for advance notice of its rule-making proceedings as provided in RCW 34.04.025. as now or hereafter amended. 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 ofchapter 34.08 RCW. (3) The agency shall consider fully all written and oral submissions regarding whether the rule in question iswithin the intentofthe legislature as expressed by the
statute which the rule implements and whether the rule

was adopted in accordance with all applicable provisions oflaw. [1981 c 324 § 7.)

Lqjslathe .mrmadoo---.se.erabiUty-I981 e 324: See notes followingRCW 34.04.010.

RCW 34.04.240 Committeeobjections to agency action---Statement in register and WAC. (1) Within

(CII.JoC.OoCRCW--9 101 seven days of an agency hearing held after notification of the agency by the rules review committee pursuantto RCW 34.04.220 or 34.04.230. the affected agency shall notify the committee of its action on a proposed or existing rule to which the committee objected. 

### Ifthe 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, that the proposed orexisting rule in question has not been modified. amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, 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 

### beprovided to the agency by the rules review committee. (3) The code reviser- shall publish the rules review committee's notice of objection and statement of the

reasons therefor issued pursuantto subsection (I) or (2) 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 and to the issue of the

. Washington state register in which the full text thereof

appears. (4) Such notice shall 

### be removed from a rule published in the Washington Administrative Code if a subsequentadjudicatoryproceedingdetermines thatthe rule is within the intent ofthe legislature or was adopted in accordance with all applicable laws. whichever was the objection of the rules review committee. [1981 c 324 § 8.)

Legislatl,e .mrmatioo--Se,erability-I981 c 324: See notes following RCW 34.04.010.

RCW 34.04.250 Recommendations and reports by committee to legislature. (I) The rules review committee
may recommend to the legislature that the original enabling legislation serving as authority for the promulgation of any rule reviewed by the committee be amended

or repealed in such manner as the committee deems advisable. (2) The rules review committee shall report on its activities, including findings and recommendations with respect to rule-making procedures ofstate agencies and institutions of higher education, thirty days prior to the convening of the regular session of the legislature in 1984. (1981 c 324 § 9.)

Legisl.the amrmatloo--Se'erabiUty-I981 c 324: See notes following RCW 34.04.010.

RCW 34.04.260 Review and objection procedures--No presumption established. 

### It is the express policy ofthe legislaturethatestablishmentofprocedures for review ofadministrative rules by the legislature and

(1983laws) 

# ,

# . 

# .. Administrative ProcedureAct 34.04.940

the notice of objection required by RCW 34.04.230(2) and 34.04.240(2) in no way serves to establish a presumption as to the legality or constitutionality ofa rule in any subsequentjudicial proceedings interpreting such rules. [1981 c 324 § 10.]

LegislatiYe •mrmano--&nrabillty-I98I c 324: See notes following RCW 34.04.010.

RCW 34.04.270 Agency review of own rules for conformity with federal law. Each agency head shall be responsible for conducting a review ofthe agency's rules contained in the Washington Administrative Code in order to identify each rule which the agency head believes

was designed, in whole or in part, 10 conform to a federal law which. on or after January I, 1981, has been eliminated or changed in a manner which reduces or deletes the requirements or standards with which the rule

was designed to conform. For purposes of this section. "federal law" includes federal statutes and federal rules and regulations. (1982 c 221 § 3.]

RCW 34.04.280 Reports by agency to office of financial management---Compilation by office offinancial management provided to legislative officers. (I) By November I, 1982, and each year thereafter, each
agency shall provide the office offinancial management with a document containing: (a) A list citing the rules identified pursuant to RCW 34.04.270 and the actions, if any, taken by the agency head to change or eliminate the rules; and (b) a list of those rules which cannot be changed or eliminated without conflicting with the statutes authorizing, or dealing with. the rules and a list of such statutes. (2) The office of financial management shall compile the documents submitted under subsection (1) of this section and by January I. 1983, and each year thereafter, shall provide the compilation to the speaker of the house of representatives and the president ofthe senate. [1982 c 221 § 4.]

RCW 34.04.290 Application of RCW 34.04.270 and 34.04.280. RCW 34.04.270 and 34.04.280 apply to each "agency' as defined in RCW 34.04.010. It also applies to each agency exempted, in whole or in part, under RCW 34.04.150. [1982 c 221 § 5.)

RCW 34.04.900 Severability--1959 c 234. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affectother provisions or applications ofthe chapter which can be given effect without the invalid provision or application. andto this end the provisions of this chapter arc declared to be severable. [1959 c 234 § 16.)

RCW 34.04.901 Severability--1967 c 237. If any provision of this 1967 amendatory aci, or its application to any person or circumstance is held invalid. the remainder of ·this 1967 amendatory act, or the application of the provision to other persons or circumstances is
not affected. [1967 c 237 § 27.]

(1983 Laws) . ·Rniser',note: For meaning of'this 1967amendatoryact' seenote following RCW 34.04.130.

.

RCW 34.04.910 General repeal and saving. All acts

or parts ofacts. whether special or comprehensive in nature, which are inconsistent with the provisions of this chapter. whether in the review procedures which they establish or otherwise, are hereby repealed. but such repeal shall not affect pending proceedings. [1967 c 237 

### § 25; 1959 c 234 § 17.]

RCW 34.04.920 Effective dates--1959 c 234. Sections 2. 3, 4, and 

### 5 of this act shall take effect upon the elapse ofone year from the date of its enactment. The other sections of this act shall take effect upon the elapse of six months from the date of its enactment. [1959 c 234 

### § 18.)

RCW 34.04.921 Effective date--1967 

### c 237. ·This act shall take effect on July I, 1967. [1967 c 237 § 29.)

·Reviser',note: 'This act' see note following RCW 34.04.130.

RCW 34.04.930 Operation of chapter if in conflict with federal law. 

### If any part of this chapter shall 

### be found to bein conflict with federal requirements which

are a condition precedent to the allocation of federal funds to the state. such conflicting partofthis chapteris hereby declared to be inoperative solely to the extentof such contlict and with respect to the agencies directly affected. and such findings or determination shall riot affect the operation ofthe remainder ofthis 

### chapter in its application to the agencies concerned. [1959 c 234"§ 19.]

.

RCW 34.04.931 Operation of 1967 amendatory**~ct** if in conflict with federal law, 

### If any part of ·this 1967 amendatory act shall be found to be in contlict with federal requirements which are a condition precedent to the allocation of federal funds to the state, such conflicring part of ·this 1967 amendatory act is hereby declared to be inoperalive solely to the extent of such conflict and with respect to the agencies directly affected. and such findings or determination shall not affect the operation of the remainder of this 1967 amendatory act in its application to the agencies concerned. [1967 c 237 § 26.)

·Reviser'snote: For meaning of "this 1967amendatory act' see note following RCW 34.04.130.

RCW 34.04.940 Savings--Authority of agencies
to comply withchapter--Effect ofsubsequent legislation. Nothing in the Administrative Procedure Act shall be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements ofthe Administrative Procedure Act through the issuance of

[Cb. 34.04RCW-p III

" ":'":':

. .1:.-34.04.940 Administrative ProcedureAct

rules or otherwise. No subsequent legislation shall be held to supersede or modify the provisions of the Administrative Procedure Act or its applicability to any agency exceptto the extent that such legislation shall do

soexpressly. [1967 c 237 § 24.)

1C1L34.04**Rew~** 111 \

(1983 Laws) 

# 1