## ,',
fOHN SPELLMAN Governor

ST.-\TE OFWASHINGTON 

## DEPARTMENT OF ECOLOGY

Stall

### Stop P\', i I • Olvrroi«. H:ashfngron 9850-1 • (2!XJ! ,J59-6C()(J



### NovemQer 19, 1982

Mr. John R. Spencer 'Regional Administration Region X U.S. Environmental Protection Agency' 1200 Sixth Avenue Seattle, WA 98101

Dear Mr. Spencer: DONALD W. MOOS Director



### Ie..

The enclosed copies of the Memorandum of Agreement between the Energy Facility -Site Evaluation Council (EFSEC) and the Department of Ecology, a letter from Nicholas D. Lewis of EFSEC dated November 15, 1982, and the emergency regulation adopted by EFSEC are submitted to you as supplements to the department's hazardous waste initial Interim Authorization Application of May 3, 1982 and the department's response letter of September 23, 1982.

I hope this supplemental material will complete our application and expedite your review process. We look forward to your favorable consideration of Washington's program for interim authorization.

Sincerely, 

# , '. ' " 

# ///)

., y1



## .., (, ._,,-..::1./

I I

_

# .l~7'/'--'C:..**~L** 

# IL- 1.
, j. 

### D aId W. Moos

Director

DWM:vb

Enclosures

cc: Ken Feigner

....**-.~- --:"::-;i~'** 



### .

### ~~; f

# if

### i

,! f'

.**~~....'** 

## -

.. -...... hi -.\**.,~** ....... 

### i\L''. :. "



# \.. '

. I '..:



## • ,



# ..)'



## ,

,

## .

MEMORANDUi1 OF·AGREEMENT

The Energy Facility Site Evaluation Council (EFSEC) and the
Washington State Department of Ecology (WDOE) agree as follows:

1. Purpose. There is a need to set forth the division of
responsibilities of the parties for the purpose of assuring compliance
by energy facilities, as defined in Chapter 80.50 RCW, with the
federally approved dangerous waste management program of the State

of Washington. This agreement sets forth the understanding of the
parties as to their respective responsibilities and provides a basis

for consistent and coordinated management and control of dangerous

wastes.

2. On-site Regulation. This agreement pertains to on-site
dangerous waste generation, transportation, treatment, storage, and
disposal. For the purpose of this agreement, "on-site" means the
project area described in the Certification Agreement as the· project
legal description.

3. EFSEC Rules Adoption. In order to provide procedural
continuity and state implementation, EFSEC has adopted an emergency regulation (see, RCW 34.04.030) which adopts by reference, as an

EFSEC regulation, the Department of Ecology Dangerous Waste Regulations, ch. 173-303 WAC. EFSEC and WDOE will cooperate in implementati0n of ch.**l73-~03** 

## WAC as adopted by EFSEC under the terms of

this agreement.

4. Site Certifications. All certifications (defined at

RCW 80.50.020(5)) issued by EFSEC under ch. 80.50 RCW to energy;.- 

## .. (

# ..

.,. I ('If

### facilities shall require compliance with all substantive
provisions of ch. 173-303 WAC which are identified in testimony,
presented during contested case hearings before EFSEC, by WDOE

witnesses as being applicable to the project.

5. r1onitoring and Inspection. All construction and operational monitoring, and inspection of an energy facility for
compliance with ch. 173-303 WAC shall be by contractual agreement

between WDOE and EFSEC.

6. Enforcement. Violations of permit requirements applicable to energy facilities detected by WDOE shall be reported to

EFSEC, together with recommendations for enforcement action.

EFSEC shall initiate action to secure compliance, including, but

not limited to, the assessment of penalties. Any notification
pertaining to a violation, sudden or nonsudden accident, breakdown, or related matter shall be reported directly to EFSEC.

Immediate enforcement action may be initiated by the Chairman, in

emergency situations, subject to subsequent confirmation or

modification by full Council.

7. Effective Date and Term of Agreement. This Memorandum

of Agreement shall be effective upon approval of Interim

Authorization for the State of Washington by the Administrator

of the U.S. Environmental Protection Agency, or her delegate,

pursuant to section 3006 of the Resource Conservation and

Recovery Act of 1976. This Agreement shall remain in effect

for the duration of such authorization or until rescinded by



## -2-.......1 i 

### ...-**I"~** 

### , 

### J'



# .... \



## the parties. This Agreement may be modified from time to

time as the parties may mutually decide in order to simplify

the procedures and refine the methods as contained herein.

DEPARTI1ENT OF ECOLOGY

APPROVED AS TO FORM: \ ENERGY FACILITY SITE \ EVALUATION COUNCIL (

# \~ 

# lG-l1-L

w 

## v, • Nicholas D.

## Lew~ Chairman

Date 

# r I



## Kevin Rya 

# i Assistant ktorney_General Energy Facility Site Evaluation Council

-3- 

## for

# - 

# ...

JOHN sPELLMAN Governor .........

NICHOLAS D. LEWIS Chairman



### STATE OF WASHINGTON 

## ENERGY FACILITY SITE EVALUATION COUNCIL

Mail Stop PY·77 • Olympia. Washington 98504 • (206) 459-fJ490 • (SCAN)585-fJ490



## November 15, 1982

Mr. Donald W. Moos Director Department of Ecology Mail Stop PV-l1

.Olympia, WA 98504

Dear Don:

The following information is provided for your use in supplementing the State's application to EPA for interim authorization under the Resource Conservation and Recovery Act (RCRA) since the Department of Ecology serves as coordinator with EPA.

I believe the following discussion will provide additional useful information to EPA concerning certain aspects of our rules and authorities.

We have determined that at this time, there are three certified energy facilities that appear subject.to the existing EPA hazardous waste requirements. These facilities are Washington Public Power Supply System facilities at Hanford and Satsop which obtained Identification Numbers as waste generators. To

our knowledge, no existing certified energy facilities now or intend to manage wastes on-site in such a way as to subject the facility to RCRA's permitting requirements or standards for treatment, storage or disposal facilities.
Secondly, the dangerous waste requirements are immediately applicable to these generators as a result of the adoption of the emergency rules on October 11, 1982.

The dangerous waste regulations adopted by EFSEC on an emergency basis, will remain in effect no longer than 90 days. During this time, formal rulemaking will be completed.

With respect to enforcement of requirements for energy facilities, we will apply the provisions of RCW 80.50.150 upon prosecution of violations of these requirements. In addition,

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



## Mr. Donald W. Moos Page Two November 15, 1982

with respect to RCRA requirements for assuring public participation in the enforcement process (intervention), we will determine whether Civil Rule 24(a) for intervention in judicial proceedings is also applicable to EFSEC administrative enforcement actions. We will advise you of our findings.
Lastly, as required by EPA, we agree that any information obtained or used in our implementation of the authorized program will be available to EPA upon request without restriction. If such information has been submitted to us under a claim of confidentiality, we will submit that claim so that the information

can be treated in accordance with 40 CFR Part 2 as to confidentiality, determinations by EPA.

If EPA should request of you, any additional clarification concerning EFSEC authorities or requirements with respect to the State's dangerous waste program, or application for interim authorization, we will be pleased to provide that information to you.

Nicholas Chairman

NDL:se

cc: F. Hahn, DOE B. Fitch, EFSEC G. Hansen, EFSEC C. Kleeberg, EPA

### ·, 

### ..:; .. 

## . 

# -- FORMOFORDERAND IANSMIITALBY BOARD,**COlV~ ~SSION,**  

## OR COUNCIL

." 

## StateofWashington

Energy Facility Site Evaluation council 

## (nameofgoverning body)

Energy Facility Site Evaluation Council 

## (agencyname, 

## ifapplicable)

ResolutionNo.

_

82-2 

## AdministrativeOrderNo.

_
(1) 

### Be it resolved bythe 

## Energy FaciI ity Site EvaIuation CounciI

.actingat 

## Olympia, Washington (place)

thatitdoes adoptthe annexed rules relating to: 

## WAC 463-40-010 Purpose WAC 463-40-020 Coverage WAC 463-40-030 Regulations WAC 463-40-040 Monitoring and Enforcement

(2) ALTERNATIVEA. Useonly for AdoptioaofPermaaeotRules.

This action is taken pursuant to Notice No. filed with the code reviser on '. Theserules 

### shalltake

# effect: 

# o thirtydays

## aftertheyare filed witb thecodereviser Pursuantto RCW 34.04.040(2): 

# o at a laterdate, suchdatebeing

. (2) 

### ALTERNATIVEB. Useonly for 

### AaoptiOftofEmergeocy Rilles.
We, 

## the Energy Facility Site Evaluation Council ,find that

an emergency exists and that this order is necessary for the preservation of the public health, safety, or general welfareand thatobservanceofthe requirementsofnotice andopportunity to presentviews on the proposed action would be contrary topublic interest.

## Astatementofthe facts constituting the emergency 

### is: 

## to meet 

## u.S . Environmental Protection Agency deadline for delegation to state for on-site activities at energy facilities which involve the generation,

# st%g~ru'es**~feat~~r~~f/a'd~pt£na~ erlifr~rn~§TI{u?;rto** 

# 8fe**~~fu~r?min~fwit~'1re9c~c?M~se'1.astes**

- - - - - •.

- _.1

_,



# ..

NEW SECTION .r--..**~'** 

### .



## WAC 463-40-010 Purpose. The Energy Facility Site Evaluation Council, under authority invested in it by chapter 80.50 RCW is charged with the responsibility of adopting rules sufficient to the protection of the public and the environment from the effects of dangerous wastes generated at energy facilities subject to chapter 80.50 RCW.

NEW SECTION

WAC 463-40-020 Coverage. The provlslons of this chapter shall apply state-wide for those generators of dangerous wastes under the jurisdiction of the Energy Facility Site Evaluation Council

.

.NEW SECTION

. WAC 463-40-030 Regulations. Notwithstanding the provisions of WAC 173-303-801, to the extent of their applicability and appropriateness, the provisions of WAC 173-303 shall apply to the on-site activities, at energy facilities sUbject to this chapter, which involve the generation, storage, transportation, treatment

or disposal of dangerous wastes.

NEW SECTION

WAC 463-40-040 Monitoring and enforcement. The council hereby delegates to the Department of Ecology (DOE) the monitoring. activities for dangerous "',astes regulated by this chapter under a Certification Agreement. As a result of said monitoring activities, DOE shall report to the council any activity by a permittee which in its judgment requires the initiation of appropriate enforcement activities by the council. The council shall then take or initiate action to enforce the terms of any Certific3tion Agreement. This in no way shall restrict any enforcement by other public agencies and officials under existing law. If DOE determines t 

### hat; 

### Lrarned

### i at e actinn i (:**noorlo~** ...-

__

# J:___**'-'~** 

# - --_..--'.

· 

### .

.•**~~** •

.;r

.....>' 

# Chapter34.04 RCW ADMINISTRATIVEPROCEDUREACT

34.04.270

34.04.940 34.04.260

34.04.280 Review and objection procedures--No presumption established. Agency review of own rules for conformity with federal

law.Reports by agency to office of financial management-Compilationby office of financial management provided to legislative officers. Application of RCW 34.04.270 and 34.04.280. Severability----1959 c 234. SevetabiliLy-----1967 c 237. General repeal and saving. Effectivedares- --195<1 c 234_ Effectivedate 1%7 c**~37.** Operation ofchapterif inconflict with federal law. Operationof 1967amendatory act if in conflict with

federal law. Savings--Authorityof agencies to comply with chapter--Effectof subsequent legislation'. Hearings, procedures, rule making by various agencies to be in accordance with Administrative Procedure Act: Cf. the pertinent statute under which the particularagency is established. 34.04.290 34_04.900 34.04.901 34.04.910 34.04920 34.04.921 34.04.930 34.04.931



### RCW 34.04.010 Definitions. The definitions set forth in this section shall apply throughout this chapter, unless thecontext clearly 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 legislative orjudicial branches. (2) "Rule" means any agency order, directive, or regulation ofgeneral applicability (a) theviolation ofwhich 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 material 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 established by the secretary of transportation or his designee where notice of such restrictions is given by official traffic control devices. (3) "Contested casco 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 of practice and procedure--Organizationaldescription--Recordsof decisions. orders. and opinions open topublic--Exceptions--Effect of failure to comply. Uniform procedural rules--Application--Conduct

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

submit data--Proceedings on rule barred until twenty days after register distribution--Noncompliance. effect. Specific reference torule-making authorityto be inc1uded--Alternatives--Format-·-Requestfor more specific reference.Failure to give twenty days notice of intended action--Effect. Emergency rules and amendments. Rules filed with code reviser--Register--Effective

dates--Report. Statementof proposed rule's purpose and howirnplemented-Contents--Distributionby agency. Withdrawal of proposed rules.Code reviser to compile and edit rules. publish register--Removalofunconstitutional rules--Distriburien of registers and codes-Countylaw library trustees to maintain set--Judicial notice of rules. Scope of editing and revision of rules. Regulations on filing and form of rules and notices. Style. format, and numbering ofrules--Agency

compliance. Format and style of rules amendingexisting sections.

adding newsections--Effectof failure to comply. Petition for adoption. amendment, repeal ofrule--

Agency action. Declaratoryjudgmenton validity ofrule---Small

business economic impact statementaction as part of record. Declaratory ruling byagency--Petition-Court

review. Contested cases--Notice--Hearing--Summary

orders--Informal disposition--Record--Findings offact--Agency's powers. Contested cases--Rules ofevidence--Crossexamination. Agencyhearings and contested cases--Hearings.

oaths, subpoenas, evidence. witnesses--Contempt. Contested cases-e--c-Procedure when deciding officials

have not heard or read evidence. Consultation by agency officer as to issues. Contested cases--Adversedecisions and orders--

Findings and conclusions. Contested cases--Judicial review. Contested cases--Direct review by court of appeals. Contested cases--Refusal of review by court of

appeals. Appeal to supreme court or court of appeals. Exclusions fromchapteror parts ofchapter. Provisions applicable to licenses and licensing. Jointadministrative rules reviewcommittee--Members--Appointment--Terms--Vacancies. Review of proposedrules--Notice. Review of existingrules--Notice--Hearing. Committee objections to agency action---Statement in

register and WAC . Recommendations and reports bycommitteeto

legislature. 34.04.090 34.04.080

34.04.250 34.04.105 34.04.100 34.04.027

34.04.030 34.04.040

34.04.045 34.04.026 34.04.025

34.04.115 34.04.120 34.04.022 Sections 34.04.010 34.04.020

.14.04.110 34.04.052 34.04.055 34.04.057

34.04.058

34.04.060

34.04.070 34.04.048 34.04.050

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

..........

(1983 Laws) (Cu.34.04 RCW-p 

### II


# J

### 34.04.010 Administrative 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 include a license required solely for revenue purposes. (5) "Licensing" includes the agency process respecting thegrant, 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 c 234 

### § 

### I.]

Senrablllty--1982c 10: See note following RCW 6.12.100. Leglslathe.mrmation-1981 c324: 'The legislature affirms that all rule-making authority of state agencies and institutions of higher education is a function delegated by the legislature, and as such, shall be exercised pursuant to the conditions and restrictions contained in this act.' [1981 c 324 § I.)

Se'erablllty--1981 e 324: 'Ifany provision of this 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 circumstancesis notaffected.' [1981 c 324§ 18.)

In the above two annotations, the phrase 'this act' refers to the amendment of RCW 288.19.020, 288.19.030, 288.19.040, 34.04.010, 34.04.025, and 34.04.030 and to the enactment of RCW 288.19.160, 288.19.163,288.19.165,288.19.168, and 34.04.210 through 34.04.260 by 198\ c 324.

RCW 

### 34.04.020 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 imposed by law: (I) Each agency shall adopt rules governing the formal and informal procedures prescribedor authorized by this chapter and rules of practice before the agency, together with 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 themethods 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,

(0. ;W.04RCW-p21 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 is available 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; 1959 c 234 

### § 2.]

Effecti,e dates--:--Severability--1981 c 67: See notes following RCW 34.12.010.

.
RCW 

### 34.04.022 Uniform procedural rules--Application--Conduct of contested cases. On or before July I, 1967, the code reviser shall add to Title 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 administrativepracticeand procedure in 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 existedon 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 ofsuch rules by multipleagencies. 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 of June 30, 1981. From time to time thereafter the chief administrative law judge may modify theuniform procedural rules. The chief administrative law judge may adopt rules with variations from the uniform rules for an agency if the chiefadministrative law judge determines there are sufficient demonstrable needs for variations. Variations shall, to the greatest practicable extent, embody the uniform rules of practice and procedure. [1981 c 67 

### § 14; 1967 c 237 § 12.]

Effective dates---Severability--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 of either the terms or substance of the proposed rule or a description of the subjects and issues involved, and (iii) the timewhen. the place where,

(1983 Laws) 

### .-.....-'_, ..:1



### Administrative ProcedureAct 34.04.030**.:~:>:.**

### ,;~l@~;

,--.' 

### and the manner in which interested persons may present their views thereon;

. (b) Afford. all interested persons reasonable opportunItY.to submit data, views, or arguments, orally or in wntI.ng. In case of substantive rules,opportunityfor oral hearing must be granted if requested by twenty-five persons, by a governmental subdivision or agency, by the rules review committee, or by an association having not less than twenty-five members. (2) The agency shall make every 'effort to insure that the**infor~ation** 

### on the proposed rulecirculated pursuant to subsection (I )(a) of this sectionaccuratelyreflects the

r

...

### ;cto be presented and discussed at any oral hearing on such rule. Where substantial changes in the draftof the proposed rule are made after publication of notice in the register which would render it difficult for interested persons to properly comment on 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**submissi~ns** 

### respecting the proposed rule including**thos~ ad~r~sslng**  

### .the question of whether the proposed ruleISwithin the Intent of thelegislatureas expressed by the statute which the rule implements, and may amend the**propose~** 

### rule at the oral hearing or adopt the pro**pos~** 

### rule, If there are no substantial changes, without**r~fihng** 

### the notice required by this section. Upon adopnon of a rule, the agency, if requested 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, incorpo**r~tlng** 

### therein ItS reasons for overruling the considerations urged against its 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 givmg notice under subsection (I) of this section of thedistribution date of the register in which such notice will be published. . (5) No rule hereafter adopted is valid unless adopted Insubstantialcompliance with 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 becontested 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, after two years have elapsed from the effective date of the rule. [1982 

### c 221 § 1; 1981 

### c 324 § 3; 1977



### ex.s. c 240 § 7; 1971

### ex.s, c 250 § 17; 1967

### c 237 § 3.]

Legislative affirmalion---Severabilily-1981 c 324: See notes following RCW 34.04.010.

Effective dale-1977 ex.s. c 240: See note following RCW 34.08.010.

M'enbllity-t977ex.s. c 240:See RCW 34.08.910. Construcllon-

...... Severabllity-197I ex.s. c 2SO: See RCW 42- ..10.910.42.30.920. Agency duties and options when adopting rule affecting small business:

RCW**19.~5.030.**

(1983 Laws) Small business economic impact slatemenl-Purpose-Contents: RCW 19.85.040.


### RCW 34.04.026 Specific reference to rule-making authority to be included--Alternatives--Format--Request for more specific reference. (I) In addition to the provisions of RCW 34.04.025(1

### )(a)(i), every agency shall incorporate the most specific, but in no case omit all, of the following language alternatives whenadoptingor amending rules: (a) The most specific reference shall be to a section of law which the rule is implementing, and shall be quoted

as follows: "This rule ispromulgated pursuant to RCW

._

_______ _______ and is intended to administratively Implement thatstatute." (b) The next specific reference, and one which shall be used only ifparagraph (a) of this subsection is notapplicable, 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 of act or RCW citation)." (c) The least specific reference, and one which shall be used only ifparagraphs (a) and (b) of this subsection are not applicable, is one which indicates that the rule is**pro~u)gated. unde~**  

### the agency's broad rule-making authonty--elther In 

### the agency enabling legislation or chapter 34.04 

### RCW, and shall be quoted as follows: "This rule is promulgated under the general rule-rnak-. ing authority of**t~e** 

### (agency) as authorized in RCW

(2)**T~e** 

### code reviser is directed to develop a format. for**p~acmg** 

### such specific language in each rule, and{ agencies shall then comply with the code reviser's direc-t 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 considera tion to such requests. [1977 

### c 19 

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

Iherem--Scope-Faclors applicable upon rule review-Annual listof rules 10be reviewed: RCW 19.85.050.


### RCW 34.04.027 Failure to give twenty days notice of intended 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 inRCW 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 thepublic health. safety, or general welfare, and that observance of .thc requirements of notice and opportunity to present vle:-vs.on the proposed action would becontrary toth.epubhc interest. the agency may dispense with such requirements and adopt the rule or amendment as an



### leb.34.04RCW-p

### 3134.04.030 Administrative ProcedureAct

.emergencyrule or amendment. The agency's finding and

aconcisestatementof the reasons for its finding shall be incorporated in the emergency rule or amendment as filed with the office of the 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 ninetydays after filing. 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.)

Legislative**amrmatlon----Se~erabilily-I981** c 324: See notes following RCW 34.04.010.

Effecthe date--1977 ex.s. c 240: See note following RCW 34.08.010.

8eYerablIity-1977 ex.s. c 240: 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 published by the Washington utilities and transportation commission. The code reviser shall keep a permanent registerof such rules open to public inspection. (2) Emergency rules adopted under RCW 34.04.030 shall become effective upon filing. All other rules hereafteradopted shall become effective upon the expiration ofthirty days after the date of filing, unless a later date isrequiredby statuteor specified inthe rule. (3) The code reviser shall report to each regular session of the 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§ II; 1959c234§4.)

RCW 34.04.045 Statement of proposed rule's pur

### poseand how implemented--Contents--Distribution by agency. (I) For the purpose of legislative review of agencyrules 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 statement shall 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 of the 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 supporting the proposed action; (d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, and enforcementof the rule; (e) The name of the person or organization, whether private, public. or governmental, proposing the rule;

(aa. 34.04RCW---1'4J (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 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, where applicable. (2) Upon filing notice of the proposed rule with the code reviser, the adopting agency shall have copies of the
statement on file and available for public inspection and shall forward three copies of the noticc and the statement to the rules review committee. [1982 c

# n 1 § 2; 1982 c 6 § 7; 1980 c 186 § 10; 1977 cx.s. c 84 § I.)**Se~erability-1982** c 6: See RCW 19.85.900.**Se~erability-1980** c 186: 'Ifany provision of this 1980 aCI or itsapplication 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 § 29.1 Small business economic impact slatemenl-Purpose-Contents:

RCW 19.85.040.

RCW 34.04.048 Withdrawal of proposed rules. (I) 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 shall 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 

### inthe register. [1980 c 186 § 11.)**Se~erability-1980** c 186: See notefollowing RCW 34.04.045.

RCW 34.04.050 Code reviser to compile and edit rules, publish register--Removal of unconstitutional rules--Distribution of registers and codes--County law library trustees to maintain set--Judicial notice of rules. (I) 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 shall set forth the text of all rules filed during the appropriate register publication period. (3) The code reviser ma y. in his discret ion. am it 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 soomitted and stating how copies thereofmay beobtained. (4) The code reviser may edit and revise rules for publication, codification, and compilation, without

(1983 Laws) 

# r"'·
.-..; .**~I** .. ;

...**~.'i**...

...:

...**.~.**

### Administrative ProcedureAct 34.04.060



## '-....

" , 

### changing the meaning of any such rule, in accordance with the provisions of RCW 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 tothateffect in the register. With the consent of the attorney general, the code reviser may remove obsolete rules or parts of rules from the Washington AdministrativeCode when: (a) The rules are declared unconstitutional bv a court of final appeal; or

- (b) The adopting agency ceases to exist and the rules
are nottransferred bystatute to a successor agency. (6) Registers and compilations shall be made available, in written form to (a) state elected officials whose offices are created byArticleIl 

### or III 

### of the state Constitution or by RCW 48.02.0I

### 0, uponrequest, (b) to the secretary of the senate and the chief clerk of the house for committee usc, as required, but not to exceed the number of standing committees in each body, (c) to county boards of lawlibrarytrustees and to the Olympia representatives of the Associated Press and the United Press International without request, free ofcharge, and (d) to other persons 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 andpublished 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.]

Senrabillty-I980c 186:See note followingRCW 34.04.045. Effective date-1977 ex.s, c 240: See note following RCW 34.08.010.

Senrability-1977ex.s. c240:See RCW 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 AdministrativeCode; (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 of additions or omissions; (4)**~orrect** 

### manifest errors in references, by chapter

orsection 

### number. to other laws or rules; (5)**Corre~t manif~st**  

### errorsor omissions innumbering

or

### renumbering sections of the Washington Administrative Code; (6) Strike provisionsmanifestly obsolete. [1980 c 186 § 

### 13.]

(1983 Laws) Severability-I980c 186:See note following RCW 34.04.045.



### RCW 34.04.055 

### Regulations on filing and form of**rul~s** 

### and notices. The code reviser may prescribe regu**lat~ons** 

### forcarryingout the provisions of this chapterre

### lating to the filing and publicationof 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.]

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 of the 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) of such code. [1967 c 237 § 

### 14.]

RCW 34.04.058 

### Format and style of rules amending existing sections, adding newsections--Effect of failure to comply. (I) 

### Rules promulgated by an agency pursuant to RCW 34.04.025 or 34.04.030, as now or hereafter amended, which amend existing sections of the 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 section,' such shall be designated "NEW SECTION" in upper case type and such designation shall be underlined, but 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 any rule unless the format of such 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 ineffectual. and shall not be shown insubsequent publications or codifications of that section unless the ineffectual portion of the rule is clearly distinguished**an~** 

### an**~xplanatory** 

### note isappended thereto by the code reviser to 

### accordance with RCW 34.04.050, as now or hereafter amended, and RCW 34.04.052. [1980 c 186 

### § 14; 

### 1977 c 19 § 

### I.]

Severability-1980c 186:See note following RCW 34.04.045.



### RCW 34.04.060 

### Petition for adoption, amendment, repeal of.**~ule--Agency** 

### action. Any interested person may petition 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



### ICb. 34.04**RCW~** 

### 51 

### ".'34.04.060 ."--.

Administrative ProcedureAct 

### .;-,

procedure for 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 formallyconsiderthe 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 part ofrecord. (I) The validity of any rule may 

### bedetermined 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 requested the agency to pass upon the validity of the rule inquestion. (2) In a proceeding under subsection (I) 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 adeclaratoryjudgment pursuant to this section may not be solely based on the contents of the smal1 business economicimpactstatement. However, inthecase of apetition for adeclaratoryjudgmentas 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 connection with the petition. [1982c 6 § 8; 1959 c 234 § 

### 7.]

Seyerabllity-1982c6:See RCW 19.85.900. Small business economic impact statement-Purpose-Contents:

RCW 19.85.040.

RCW 34.04.080 Declaratory ruling by agency-- Petition---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 stateof facts of any rule or statute enforceable by it. A declaratoryruling. if issued afterargumentand stated to 

### bebinding, is binding between the agency and the petitioneron the state of facts alleged. unless it isaltered or set asideby acourt. Sucha ruling issubjectto 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', and disposition. [1959 c 234 

### § 8.]



### leb.34.04RCW....,

### 61 RCW 34.04.090 Contested cases--Notice-- Hearing--8ummary orders--Informal disposition--Record--Findings of fact--Agency's powers. (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) A statementofthe 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. If the agency or otherparty isunable to statethe matters indetail at the 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 part or 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 there is nogenuineissue as to any material fact and that the moving party is entitled
to the orderas a matteroflaw. (4) Unless precludedby law, informal disposition may also be made of any contested case by stipulation, agreed settlement, consent order, or default. (5) Therecord in acontested case shall include: (a) All pleadings, motions, intermediate rulings; (b) Evidence received or considered; (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 ofagencydecision pursuantto RCW 34.04.110, as

now or hereafter amended, rehearing, or courtreview. 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 theirauthorized agents, 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 in RCW 34.04.105,

(1983 Laws) 

### -,.../

### Administrative Procedure Act 34.04.105

--....

v-,

....-;

...... 

# %:JD

.

## ....) (c) Rule upon offers of proof and receive relevant evidence, (d) Take or cause depositions to be taken pursuantto rules promulgated by the agency, and no person shall be compelledto 

### divulge information which he could not be compelled to divulge by deposition in connection with a court proceeding, (e) Regulate the course of the hearing, (f) 

### Hold conferences for the settlement or simplification of the issues by consent of the parties, (g) Dispose of procedural requests or similar matters, (h) Issue summary orders, (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 31 § 

### 1; 1967 c 237 § 9; 1959 c 234 § 9.]

RCW 34.04.100 Contested cases--Rules of evidence--Cross-examination. In contested cases: (I) Agencies, or their authorized agents, may admit and give probative effect to evidence which possessesprobative value commonly accepted by reasonably prudent men in the conduct of their affairs. 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 a part of the record 

### in the case, and no other factual information or evidence shall be considered in thedetermination 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 ofcross-examination ofwitnesses 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 in addition may take notice of general, technical, or scientific factswithin their specialized knowledge. Parties shall be notified either before or during hearing, or by reference inpreliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. Agencies, or their authorizedagents, may utilize their experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to them. [1959 c 234§ 

### 10.]

RCW 34.04.105 Agency hearings and contested cases--Hearings, oaths, subpoenas, evidence, witnesses--Contempt. (I) In order to determine the necessity or desirability of adopting. amending, repealing, or otherwise revisinga rule or proposed rule, agenciesmay hold public hearings, subpoena witnesses. administer oaths, take the testimony of any person under oath, and in connection therewith, require the production forexamination 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

tl983 Laws} 

### agency or its authorized agents. This subsection shall notpreclude the exercise of subpoena powers for investigative purposes granted agencies by other statutory provisions. (2) In any contested caseafterservice of notice as reo quired 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, 

### Thatsuch subpoena may be issued with like effect by the attorney of record of the party to the contested case in whose behalf the 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 a subpoena upon their own motion. (3) 

### The subpoena powers created by this section shall bestate-wide in 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 allowances, 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 for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, and shall set forth in what specific manner the subpoena has not been complied with, and shall ask an order of the court to compel the witness to appear and testify before theagency. 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 court that the subpoena was properly issued and that the particularquestions 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 witnessappear at the time and place fixed in the order and testify or produce the required papers. and on failing to obey said order the

leb. 34.04RCW-p 7)34.04.105 Administrative Procedure Act

witness shall be dealt with as for contempt of court. [i967 

### c 237 

### § 10.]

RCW 34.04.110 Contested cases--Procedure when deciding officials have not heard or read evidence. Whenever in a contested case a majority of the officials ofthe agency who are to render the final decision have
not heard or read the evidence. the decision. ifadverse to

a party to the proceeding other than the agency itself. shall not bemade until a proposal for decision. 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 in the discretion ofthe agency. [1959 c 234 § 11.]

RCW 34.04.115 Consultationbyagency officeras to issues. Except upon notice and opportunity for all parties
to bepresentor to the extent required for the disposition of ex parte matters as authorized by law. no hearing examineror agencyor memberof 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 of fact 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 of one or more personal assistants, 

### (3) have the assistance of other 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 relatedcaseand who are not engaged for the agency in any prosecutory functions. [1967 c 237 

### § 11.]

RCW 34.04.120 Contested cases--Adverse decisions and orders--Findings and conclusions. Every decision 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
person or by mail. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed to each party and to his attorney of record, ifany. [1975 c 12 § I; 1959 c 234 § 12.]

RCW 34.04.130 Contested cases--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 statute or a statute of general application. Where the agency's rules



### ICh. 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 instituted by 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 oftime 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 reviewingcourtonly

as provided therein; otherwise the agency may do so, or the reviewingcourt may ordera stay upon such terms as it deems proper.

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

or a·certifiedcopyofthe entirerecord ofthe proceeding under review; but, by stipulationof 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 for 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 in procedurebefore the agency, not shown in the record, testimony thereon maybe taken in the court. Thecourt shall. upon request, hearoral argument and 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 ofthe agency; or (c) made upon unlawful procedure; or (d) affected by othererrorof 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 or order; or (f) arbitrary or capricious. [1977 ex.s. c 52 § 1; 1967 c 237 

### § 6; 1959 c 234 

### § 13.)

(1983 Laws) 

## 0.

... '\
;::,..;.:

-,i .• '

## ) ."-""

. ,



### Administrative Procedure Act 34.04.210

"Reviser's note: This 1967amendatory act [1967 c 237] is codified 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. 34.04.931. 34.04.940. 48.03.070. 48.04.010. 48.04.040. 48.04.090. 48.5],060. 66· .08.150. and 82.32.130. Sections 21 and 22,chapter 237. Laws of 1967 (uncodified) wererepealed by chapter 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 involved which require a prompt determination; (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 thedetermination in superior court; and (4) The appellate court's determination in the proceeding would have significant precedential value. [1980



### c 76

### § 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 aggrievedparty may secure a review ofany finaljudgment of the superior court under this cha pter 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 chaptershall not apply to the state militia. or the board of prison terms and paroles. or any institution of higher education 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 of RCW 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.\30.

(1983 Laws) 34.04.\33. 

### and 34.04.140 

### shall not apply to review of decisions 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 121 

### § 6; 1981 

### c 64 

### § 

### 2: 1979

### c 158 

### § 90; 1971 

### ex.s. c 57 

### § 17; 197\ 

### c 21 

### § 

## r. \967 

### ex.s. c 71 

### § I; 1967

### c 237 

### § 7; 1963 

### c 237 

### § I; 1959

### c 234 

### § 15.]

Effective dates--Severability-1971 ex.s, c 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 licensedoes not expire 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 a later date fixed by order of the reviewing court. (2) If the agency finds that public health, safety. orwelfare imperatively requires emergency action. and incorporates a finding tothat effect in its order, summarysuspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. [1980 

### c 33 

### § I; 1967 

### c 237 

### § 8.]



### RCW 34.04.210 Joint administrative rules review committee-Members--Appointment-- Terms-Vacancies. (I) Thereis hereby created ajoint administrative rules reviewcommittee which shall be a bipartisan committee consisting of four senators and four representatives from the state legislature. The senate members of the committee shall be appointed bythe president of the senate, and the house members of the 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 thecommitteearc subject to approval by the caucuses to which the appointed members belong. (2) 

### The initial members of the committee shall be appointed as soon as possible after July 26, 1981,

### and shall serve until the next regular session of the legislature convenes in anodd-numbered year. Thereafter membersshall be appointed as soon as possible after 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

[eb. 34.04RCW-p9J**'~**

# ~I ."-- -**-------~---------** ---**-~** - - ------



### 34.04.210 Administrative ProcedureAct

membership. Such appointments shall be made inJanuary of each year as soon as possible after a legislative session convenes, (4) A vacancy on the committee shall be filled by appointmentof a legislator from the same political party as the original appointment. The appropriate appointing authority shall make the appointment within thirty days of the vacancy occurring. [1983 

### c 53 § 

### I; 1981 

### c 324 § 5.]

Legislative .ffirmation---Severability--1981 C 324: See nOlCS following RCW 34.04.010.



### RCW 34.04.220 Review of proposed rules--Notice. Whenever a majority of the members of the rules reviewcommitteedetermines 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. The notice shall be given at least seven days prior to any hearingscheduled forconsiderationof or adoption of the proposed rule pursuant to RCW 34.04.025(1

### )(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.]

Legislative affirmation---Severability--1981 C 324: See notes following RCW 34.04.010.



### RCW 34.04.230 Review of existing rules--Notice--Hearing. (I) 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) If the rules reviewcommittee 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 provisions of law, the agency affected shall be notified of such finding and the reasons therefor. Within thirtydays of the receipt of the rules reviewcommittee'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 request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.04.025, 

### as now or hereafter amended. Theagency'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 is within the intent of the legislature as expressed by the statute which the rule implements and whether the rule

wasadopted inaccordance with all applicable provisions of law. [1981 

### c 324 § 

### 7.]

Legislative .ffirmation---Severability--1981 c 324: See notes following RCW 34.04.010.



### RCW 34.04.240 Committee objections to agency action-Statement in register and WAC. (I) Within



### lOa. 34.04RCW-p 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. If

### the rules review committee determines, by a majority vote of its members, that the agency has failed to 

### provide for therequired 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. wit

### h the code reviser within t

### hirt

### v days of such determination.

. . (2) 

### If

### the rules reviewcommittee finds, by a majority VOleof its members, 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, the rules review committee may, withinthirty 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) 

### The code reviser shall publish the rules review committee's notice of objection and statement of the

reasons therefor issued pursuant to 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 subsequentadjudicatoryproceeding determines thatthe 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. [1981 

### c 324 § 

### 8.]

Legislative affirmation---Severability--1981 c 324: See notes following RCW 34.04.010

..


### RCW 34.04.250 Recommendations and reports by 

### committee to legislature. (I) The rules reviewcommitteemay recommend to the legislature that the original enabling legislation serving as authority for the promulgation of any rule reviewed bythe committee be amended or repealed in such manner as the committee deems advisable. (2) The rules reviewcommittee shall report on its activities, including findings and recommendations with respect to rule-making procedures of state 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.]

Legislative affirmation---Severabilily--1981 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 of the legislaturethatestablishmentof procedures for review ofadministrative rules by the legislature and

(1983 Laws) 

# ,6

## !

Administrative ProcedureAct /'


### .

.' 

## , 34.04.940

I

I 

### ..**~. ···_l"~··**  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 of a rule in any subsequentjudicial proceedings interpreting such rules. [1981 c 324 

### § 10.)

Legislative affirmation--Seferability-1981 c 324: See notes followingRc\V 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 of the 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. to 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 of financial management provided to legislative officers. (I) By November I, 1982, and each year thereafter, each
agency shall provide the office of financial 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 (I) of this section and by January I, 1983, and each year thereafter, shall provide the compilation to the speaker of the house ofrepresentatives and the president ofthe senate. [1982 c 221 

### §4.)

RCW 34.04.290 Application ofRCW 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 of the chapter which can be given effect without the'invalid provision or application, and to this end the provisions of this chapter are declared to be severable. [t959 c 234 § 16.)

RCW 34.04.901**Se~'erability--1967** c 237. If any provision of this 1967 amendatory act. 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) "Refiser'sDote: For meaning of 'this 1967amendatory act' 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 of one year from the date of its enactment. The other sections or 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.]

"Refiser'snote: '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 be in conflict with federal requirements which

are a condition precedent to the allocation of federal funds to thestate, such conflicting partof this chapteris hereby declared to be inoperative 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 chapter in its application to the agencies concerned. [1959 c 234 

### § 19.]

RCW 34.04.931 Operation of 1967 amendatory act if in conflict with federal law. If any part of ·this 1967 amendatory act shall be found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, such conflicting part of ·this 1967 amendatory act is hereby declared to be inoperative 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 meaningof 'this 1967amendatoryact' see note following RCW 34.04.130.

RCW 34.04.940 Savings--Authority of agencies
to comply with ehapter--Effect of subsequent 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 3S 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 i

. \ '. \ ._--_......- -- 1

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 except to the extent that such legislation shall do

soexpressly. [1967 c 237 

### § 24.)



### 1Cb.34.04RCW...., 

### 111 (1983 Laws) . ..,.:-

....**<.~~.~:~**

# ..{