# • Chapter 34.04RCW ADMINISTRATIVE PROCEDUREACT

Sections 34.04.010 Definitions. 34.04.020 Adoption ofrules ofpracticeand procedure-Organizational description--Recordsofdecisions, orders, and opinions open to public--Exceptions--Effect offailure to comply. 34.04.022 Uniformprocedural rules--Application--Conduct ofcontested cases. 34.04.025 Notices ofintention to adopt rules--Opportunityto submitdata--Proceedingson rule barred until twenty days after registerdistribution--Noncompliance. effect. 34.04.026 Specificreference to rule-making authority to be inc1uded--Alternatives--Format--Requestfor

more specific reference. 34.04.027 Failure to give twenty days notice ofintended action--Effect. 34.04.030 Emergency rules and amendments. ,34.04.040 Rules filed with code reviser--Register--Effective dates--Report. 34.04.045 Statementofproposed rule's purpose and how implemented--Contents--Distributionby agency. 34.04.048 Withdrawal ofproposed rules. 34.04.050 Code reviser tocompile and edit rules, publish register--Removalofunconstitutional rules--Distribution ofregisters and codes-Countylaw library trustees to maintain set--Judicialnotice ofrules. 

# • 34.04.052 Scopeofediting and revision ofrules. 34.04.055 Regulations on filing and form ofrules and notices. 34.04.057 Style, format, and numbering ofrules--Agency compliance. 34.04.058 Formatand styleofrules amending existing sections, adding new sections--Effectoffailure to comply. 34.04.060 Petition for adoption, amendment, repeal ofrule-­ Agency action. 34.04.070 Declaratoryjudgmenton validity ofrule-Small business economic impact statementaction as partof record. 34.04.080 Declaratoryruling by agency--Petition-Court review. 34.04.090 Contestedcases--Notice--Hearing-Summary orders--Informaldisposition--Record--Findings offact--Agency'spowers. 34.04.100 Contestedcases--Rulesofevidence--Crossexamination. 34.04.105 Agency hearings and contested cases--Hearings, oaths, subpoenas. evidence. witnesses--Contempt. 34.04.110 Contested cases--Procedurewhen deciding officials have not heard or read'evidence. 34.04.115 Consultation by agency officer as to issues. 34.04.120 Contestedcases--Adversedecisions and orders-- Findings and conclusions. 34.04.130 Contestedcases--Judicialreview. 34.04.133 Contestedcases--Directreview by courtofappeals. 34.04.135 Contestedcases--Refusalofreview by courtof appeals. 34.04.140 Appeal to supremecourt orcourt ofappeals. 34.04.150 Exclusions from chapteror partsofchapter. 34.04.170 Provisions applicable to licenses and licensing. 34.04.210 Joint administrative rules review committee--Members--Appointment--Terms--Vacancies. 34.04.220 Review ofproposed rules--Notice. 34.04.230 Review ofexisting rules--Notice--Hearing. 

# • 34.04.240 Committeeobjections to agency action-Statementin register and WAC

. 34.04.250 Recommendations and reports by committeeto legislatureo

(1983 Laws) 34.04.260 Review and objectionprocedures--Nopresumption established. 34.04.270 Agency review ofown rules for conformity with federal law. 34.04.280 Reportsby agency to officeoffinancial manage­ ment-Compilationby officeoffinancial manage­ ment provided to legislativeofficers. 34.04.290 Application ofRCW 34.04.270 and 34.04.280. 34.04.900 Severability--1959c 234. 34.04.901 Severability--1967c 237. 34.04.910 General repeal and saving. 34.04.920 Effectivedates--1959c 234. 34.04.921 Effectivedllte--1967c 237. 34.04.930 Operation ofchapter ifin connict with federal law. 34.04.931 Operationof 1967 amendatory act ifin connict with federal law. 34.04.940 Savings--Authorityofagencies to comply with chapter--Effectofsubsequentlegislation. Hearings, procedures, rule makingby various agencies to be in accordance with Administrative Procedure Act: Cf. the pertinent statute under which the particularagency is established.



### RCW 34.04.010 Definitions. The definitions set forth in this section shall apply throughout this chapter, unless thecontext clearly requires otherwise. (1) "Agency" means any stateboard, commission, department, or officer, authorized by law to make rules or to adjudicate contested cases, except those in the legislative orjudicialbranches. (2) "Rule" means any agency order, directive, or regulation ofgeneral applicability (a) theviolation ofwhich subjects a person to a penaltyoradministrative 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 oflicenses 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 salc. The tcrm includes thc 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 trafficcontrol 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



### leb. 34.04 RCW-p

### lJ

### 34.04.010 Administrative ProcedureAct

ofthe 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 agen:cy permit, certificate, approval, registration, charter, or any form ofpermission required by law, including agency rule, to engage in any activity, but does not includealicense required solelyfor revenue purposes. (5) "Licensing" includes theagency process respecting the

..grant, denial, renewal, revocation, suspension, annulment, withdrawal, or modification ofa license. (6) "Rules review committee" or "committee" means thejoint administrative rules review committee created pursuant to RCW 34;04.210 for the purpose of selectiveJy reviewing existing and proposed rules of state agencies. [1982 c 10 § 5. Prior: 1981 c 324 § 2; 1981 c 183 

### § 1; 1967,c 237 

### § 1; 1959 c 234 

### § 1.]

.Severability--1982c 10: See note following RCW 6.12.100. Legislativeaffirmation-1981 c 324: "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 § 1.]

Severability--1981 c 324: "Ifany provision ofthis act or its application to any person .or circumstance is held invalid, the remainder ofthe.act or the application ofthe provision to other persons or circumstancesis not affected." [1981 c 324 § 18.]

'In the above two annotations, the phrase "this act" refers to the amendment of RCW288.19.020, 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 1981 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 otherrule-makingrequirements imposed by law: (1) Each agency shall adopt rules governing the formal andinformal proceduresprescribedorauthorized by this chapter and rules ofpractice before the agency, together with forms and instructions: Provided, That rules for the conduct ofcontested 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 ofits organiiatioJ}, stating the general course and method ofits operationsandthemethods whereby thepublic 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,

[eb. 34.04 RCW-p2] 

### decisions, oropinions prepared by the agency for its own 

# G

use. Noagency order, decision, oropinion is valid or ef­ fective 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.]

Effective 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 1, 1967,thecode reviser shall add to Title 1ofthe Washington Administrative Code a new chapter to be known aschapter 1-08 WAC--Uniform Procedural Rules, which shall become effective July 1, 1967, and shallgovern the administrativepracticeand 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 010through 308-08-590as thesameexisted 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", "departmentn, 

### "board", "commission", and like terms, so as to enabletheuse ofsuch rules by multiple agencies.

The chief administrative law judge shall promulgate uniform procedural rules governing the conduct ofcontested 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 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 chief administrative law judge determines there are sufficient demonstrable needs for variations. Variations shall, to the greatest practicable extent, embody the uniform rules ofpractice 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**rule~pportunity** 

### to submit data--Proceedings on rule barred until twenty days after register distribution--Noncompliance, effect. (1) 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(1) 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 ofthe proposed rule or a description ofthe subjectsand issues involved, and (iii) 

### the timewhen, the place where,

(1983 Laws) 

# c

### Administrative ProcedureAct 34.04.030 

# • and the manner in which interested persons may present theirviews thereon;

.(b) Afford.all interested persons reasonable opportumtrto submIt data, views, or arguments, orally or in wrttl.ng. In case ofsubstantive rules, opportunity for oral hearmg must be granted if requested by twenty-five
persons, ?ya governmental subdivision or agency, bythe 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 information on the proposed rule circulated pursuant to subsection (1)(a)ofthis section accuratelyreflectsthe rule to be presented and discussed atany oral hearingon such rule. Where substantial changes in the draft ofthe proposed rule are made after publication ofnotice 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 (1)(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.dr~ssing**  .the question of whether the proposed rule IS withm themtentofthelegislatureas expressed by the statute which the rule implements, and may amend the**propose~** rule at the oral hearing or adopt the pro**pose~** rule, If there are no substantial changes, without**r~fihng** the notice required by this section. Upon adoption ofa rule, theagency, ifrequested todo 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~tmg** therem 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 thereof was contained. The code**rev.is~r sha~l**  make provisions for informing an agency glvmg notice under subsection (1) ofthis section ofthe distribution date ofthe register in which such notice will be published.

. (5) No**~ule** hereafter adopted is valid unless adopted

msubstantIal compliancewith thissection, unlessitis 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 ofnoncompliance with the procedural requirements of RCW 34.08.020(1), ofthis section, or of RCW 34.04.030, as now or hereafter amended, aftertwo years have elapsed from theeffective date ofthe 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 amrmation--Severability-1981 c 324: See notes following RCW 34.04.010.

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

Severability-1977ex.S. c 240: See RCW 34.08.910. 

# • Constructlon--Severablllty-1971 ex.s. c 250: See RCW 42­ .30.910.42.30.920. Agency duties and options when adopting rule affectingsmall business:

RCW 19.85.030. Small business economic impact statement-Purpose-Contents: RCW 19.85.040

.


### RCW 34.04.026 Specific reference to rule-making authority to be inciuded--AUernatives--Format--Request for more specific reference. (1) 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 when adopting or amending rules: (a) Themost specific reference shall be to a section of law which the rule is implementing, and shall be quoted

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 ail 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 authonty to Implement the provisions of(nameofact.or 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 thatthe rule is**pro~ulgated. unde~**  the agency's broad rule-making authonty-elther m the agency enabling legislation or chapter 34.04 RCW, and shall be quoted as follows:**~'This** rule.is promulgated under the general rule-makmg authonty of the (agency) as authorized in RCW 

### " (2)

### T~e code

### revise~ .is directed to develop a format for**p~acmg** such speCIfIc language in each rule, arid agenCIes shall then comply with the code reviser's direction, 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(1)(b), give consideration to such requests. [1977 c 19 

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

therem-8cope-Factors applicable upon rule review-Annual list ofrules to be reviewed: RCW 19.85.050.**~CW 34.04.~27**  

### Failure to give twenty days notice of**~ntended** 

### act!on--Effect. When twenty days notice of mtended actIon to adopt, amend or repeal a rule has
not been filed with thecode reviser, asrequired 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. Ifthe agency finds that immediate adoption or amend**men~** of a rule is necessary for the preservation of the pubhc health, safety, orgeneral welfare, and that observance of.the requirements of notice and opportunity to present**vle~s.** on the proposed action would be contrary to th.e pubhc mterest, the agency maydispense with such requIrements and adopt the rule or amendment as an

(1983 Laws)

. lCb. 34.04RCW-p31

### 34.0.4.030 

### Administrative ProcedureAct

emergencyrule or amendment. The agency's finding and

a concise statementofthereasons 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 ninetydays afterfiling. Thissection does 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 affirmation---Severability--1981 c 314: See notes following RCW 34.04.010.

Effective date---1977 ex.s. c 140: See note following RCW 34.08.010.**Sev~rability--1977** ex.s. c 140: SeeRCW 34.08.910.



### RCW 34.04.040 

### Rules filed with code reviser-­ Register--Effectivedates--Report. (1) 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 transportationcommission. The code reviser shall keep a permanent register ofsuch 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 of.thirtydays after the date offiling, unless a later date is required 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 stateofcompliance oftheagencies 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 implemented--Contents-Distribution by agency. (1) 

### For the purpose of legislative review of agency rules filed pursuant to 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 be implemented. Such statementshall be on theagency's stationeryora form bearing the agency's nameand 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 ofassistance in identifying the rule orits 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 enforcementoftherule;

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

.

ICb. 34.04RCW-p4] (f) 

### Agency comments or recommendations, if any, 

# c regarding statutory language, implementation, enforcement, and fiscal matters pertainingto therule; (g) Whether the rule is necessary as the result offederallaworfederal orstatecourt action, and ifso, 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 codereviser, theadoptingagency shall havecopies ofthe
statementon 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; 1980 c 186 § 10; 1977 ex.s. c 84 § 

### I.]

Severability--1981c 6: See RCW 19.85.900. SeverabiHty--1980c 186: "Ifany provision ofthis 1980 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is notaffected." [1980c 186 § 29.] Smallbusiness economic impact**statement-Purpose-Content~:**

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 ofthe text as last proposed in the register shall be 

# c

regarded as withdrawn. An agency may not thereafter adopt the text ofthe rules without filing the text in accordance with RCW 34.04.025 as now or hereafter amended. The code reviser shall give notice ofthe withdrawal in the register. [1980 c 186 § 11.]

Severability--1980c 186: See note following 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--Judicialnotice 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 onceevery 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) Thecode reviser may, in his discretion, 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 publication, codification, and compilation, without

(1983 Laws)

### Administrative 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**a~d** unconstitutional by a court of final appeal, theadoptmgagencyshallgive noticetothateffectinthe register. With the consent of the attorn'ey general, the code reviser may remove obsolete rules or parts ofrules from theWashington AdministrativeCode when: (a) The rules aredeclared unconstitutional by a court Severability-1980c 186: See note following 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 ofthis chapter re-' latingtothefiling and publicationofrules andnoticesof 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.]
offinal appeal; or (b) The adopting agency ceases to exist and the rules

arenot transferred by statuteto a successor agency. (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 ofthe state Constitution orby RCW 48.02.010, upon request, (b) to the secretary ofthe 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 countyboardsoflaw librarytrustees and tothe Olympia representatives of the,Associated Press and the United Press International without request, free ofcharge, and (d) to otherpersons at a price fixed bythe 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 1stex.s. c 32 § 7; 1980c 186 § 12; 1977 ex.s.

c 240 § 9; 1959 c 234 § 5.]

Severability-1980c 186: See notefollowing RCW 34.04.045. Effective date-1977 ex.s. c 240: See note following RCW 34.08.010. '

Severability-,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 ofthe 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 ofany such rule, in the following respects only: ' (1) 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 oromissions; (4)**~orrect** manifest errors in references, by chapter

or sectIOn number, to other laws orrules; (5)**Corre~t manif~st**  errors oromissions in numbering 

### RCW 34.04.057 Style, format, and numbering of rules--Agency compliance. After the rules of an agency havebeen published by the reviser: (1) 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 AdministrativeCode, and (2) Any subsequent printing or reprinting of such rules shall be printed in the style and format (including the numberingsystem) ofsuch code. [1967 c 237 

### § 14.]



### RCW 34.04.058 Format and style ofrules amending existing sections, adding new sections--Effect offailure to comply. (1) 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**upp~r** 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 ofsuch rule is in compliance with the provisions ofthis section. (2) Once the rule has been formally adopted by,'the
agency the code reviser need not, except with regard to !he register ,Published pursuant to RCW 34.04.050(2), mclude the Items enumerated in subsection (1) of this section in the official code. ' (3) Any addition to or deletion from an existing code section.not filed by !he**ag~ncy** in the style prescribed by**s~bsectlon** (1) of thiS sectIOn shall in all respects be"in**e~fectual,** and**~~all ~ot**  be shown in subsequent publicatIOns or codificatIOns of that section unless the ineffectual portion of the rule is clearly distinguished and an explanatory 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 

### § 1.] "

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



### RCW 34.04.060 Petition for adoption,

### amendme~t, 

# • or renumbenng sections ofthe Washington Administra­ 

### repeal**o~ ~ule--Agency**  

### action. Any interested person tive Code; may petition an agency requesting the promulgation, (6) Strike provisions manifestly obsolete. [1980 c 186**amen~ment,** or repeal of any rule. Each agency shall 

### § 13.] prescnbe by rule the form for such petitions and the

(1983 Laws) [Cb. 34.04RCW-p

### 51

### 34.04.060 Administrative ProcedureAct

pro.¢edure for their submission, consideration, and disposition,. Within thirty days after submission ofa petition,

or: atthe next meeting ofthe agency ifit does not meet**wi~hin** thirtydays, theagency shall formally considerthe pet,ition 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 §

# 6.1

R.CW 34.04.070 Declaratoryjudgment on validity of rule--Small business economic impact statement action as part ofrecord. (1) The validity ofany 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**a'ppli~ation,** interferes with or impairs or'immediately threatens to interfere with or impair, the legal rights or privileges ofthe petitioner. The agency shall be made a

.pal1ty to the proceeding. The declaratoryjudgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity ofthe rule in question. 

### (2) In a proceedingunder subsection (1) of this section ,the court shalldeclare the rule invalid only ifit finds thatit 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 declaratoryjudgment pursuant to this :section may rt0t be solely based on the contents of the small business economicimpactstatement. However, in' thecaseofa'petition for a declaratoryjudgmentas to the' validity ofany rule which is adopted after June 10, 1982, and which is based on grounds other than the
contents ofthe small business economic impact statement, the compliance or noncompliance by the agency with the provisions ofthis chapter and where applicable the small business economic impact statement shall constitute partofthe whole record ofthe agency's action in connection with thepetition. [1982 c 6 § 8; 1959 c 234 § 7.]

Severability-1981c 6: 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 stateoffacts ofany rule or statute enforceable by it. A declaratoryruling, ifissued afterargumentand statedto be'binding, is binding between the agency and the petitioner on the stateoffacts alleged, unless it is alteredor set aside by a court. Sucha ruling is subject toreview 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. [1959 c 234 § 8.]

lCb. 34.04RCW-p6] 

### RCW 34.04.090 Contested cases--Notice--. Hearing--8ummary orders--Informal disposi

# o
tion--Record--Findings of fact--Agency's powers. (1) 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 ofthe time, place and nature of the proceeding; (b) Astatementofthelegal authorityandjurisdiction under which the hearing is to be held; (c) A reference to the particular sections ofthe statutes andrules·involved; (d) A short and plain statement of the matters asserted. Iftheagency orotherpartyis unable to statethe
matters in detail at thetimethe notice is served, the initial notice may be limited to a statemerit 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 ofsummary orders in partorin whole after notice and hearing
to all parties. The motion shall be granted ifthe pleadings, dispositions and admissions on file, together with theaffidavits,ifany, show thereis no genuine issue as to any material fact and that the moving party is entitled
totheorder as a matteroflaw. 

# o

(4) Unless precludedby law, informal disposition m,ay also be made of any contested case by stipulation, agreed settlement,consent order,ordefault. (5) Therecord in a contested case shall include: (a) All pleadings, motions, intermediaterulings; (b) Evidencereceived orconsidered; (c) A statementofmatters officially noticed; (d) Questions and offers ofproof, objections, and ruling thereon; (e) Proposed findings and exceptions; (f) Any decision, opinion, or reportbythe officer presiding atthe hearing. (6) Oral proceedings shall be transcribed for the purposes ofagencydecision pursuanttoR,CW 34.04.110, as

now orhereafter 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 offact shall be based exclusively on the evidence andon mattersofficially noticed. (8) Each agency shall adopt appropriate rules ofprocedute for notice and hearing in contested cases. (9) Agencies, or their authorized 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 a court oflaw, (b) Issue subpoenas as provided in RCW 34.04.105,

(1983 Laws)

### Administrative Procedure Act 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) Regulate thecourse ofthehearing, (f) Hold conferences for the settlement or simplification ofthe issues by consentofthe parties, (g) Dispose ofprocedural requests or similar matters, (h) Issue summaryorders, (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 contestedcases: (1) Agencies, or their authorized agents, may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in theconduct oftheir affairs. They shall give effect to the rules of privilege recognized by law. They
may exclude incompetent, irrelevant, immaterial, and unduly repetitiousevidence. 

# • .(2) All evidence, including but not limited to records and documents in the possession ofthe agency ofwhich it desires to avail itself, shall beoffered and madea part ofthe record in the case, and no other factual information orevidence 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 of cross-examination ofwitnesses who testify, and shall have the right
to submit rebuttal evidence. (4) Agencies, or their authorized agents, may take notice ofjudicially cognizable facts and in addition 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 be afforded an opportunity to contest the facts so noticed. Agencies, or their authorized agents, may utilize their experience, technical competence, and specialized knowledge in theevaluationofthe evidence presented to them. [1959 c 234 

### § 10.]



### RCW 34.04.105 Agency hearings and contested cases--Hearings, oaths, subpoenas, evidence, witnesses---Contempt. (1) In order to determine the necessity or desirability of adopting, 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, agencyor its authorized agents. Thissubsection shall not preclude the exercise of subpoena powers for investigative purposes granted agencies by other statutory provisions. (2) In anycontested case after service ofnotice as required in RCW 34.04.090(1), 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 behalf the witness is required to appear, and the form ofsuch subpoena in each case may be the same as when issued by the agency except that it shall only be subscribed by the signatureofsuch attorney; (b) May issue a subpoena upon theirown motion.

. (3) The subpoena powers created by this section shall be state-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 allowances, and the cost ofproducing 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 ofthe subpoena. (5) 

### Ifan 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 ofthe subpoena and proofofservice, 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 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 subpoenawas properly issued and that the particular questions which the witness refuses to answer

are reasonable and relevant, and in the case of a**rul~­** making hearing that the requested appearance and testimony are necessary to secure information the expected
nature of which·would reasonably tend to cause the 

# • and in connection therewith, require the production for agency to exercise its rule-making authority, the court examination ofany books or papers relating to the sub-

. shall enter an order that the witness appear at the time ject matter of contemplated regulation. Each agency and place fixed in the order and testify or produce the may make rules as to the issuance of subpoenas by the required papers, and on failing to obey said order the

(1983 Laws) lCh. 34.04 RCW-p 7)

# c 34.04.105 Administrative ProcedureAct

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

### § 10.]



### R<2W 34.04.110 Contested cases--Procedure when',,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 heard orread theevidence, thedecision, ifadverse to**ap~uty** 

### to the proceeding other than the agency itself, shall not be made 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**eac:~"** 

### 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 hea,rd in the discretion ofthe agency. [1959 c 234 

### § 11.]**~CW** 

### 34.04.115 Consultationby agency officerasto issues. Except upon notice and opportunity for all parties to'be'presentor to the extentrequired for thedisposition ofex parte matters as authorized by law, no hearing examineror agency or memberofan agencypresiding 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, except that in analyzing and appraising the record for decision any agency member or hearing examiner may (1) consult with members of the agency making the decision, (2) have the aid and advice ofone 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 arenot 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 oflaw. The findings of fact shall consist of a concise statement ofeach fact found upon each contested issue of fact. Parties to the proceeding shall be notified ofthe decision and order in person or by mail. A copy ofthe decision and order and accompanying findings and conclusions shall be deliverep or mailed to each party and to his attorney of record, ifany. [1975 c 12 

### § 1; 1959 c 234 

### § 12.]



### RCW 34.04.130 Contested cases-Judicialreview. (I) Any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, is entitled tojudicial 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

lCb. 34.04 RCW-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, atthe petitioner's option, for (a) Thurston county, (b) the county ofthe petitioner's residence or principal place of business, or (c) in any county where theproperty 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 ofrecord. 

### Ifa timely petition is filed any party ofrecord not filing orjoining in the first petition who wants relieffrom the decision mustjoin 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 pro- ' vide for stay or supersedeas of an agency decision, it may be stayed by the agency orthereviewing courtonly

as provided therein; otherwise the agency may do so; or the reviewing courtmay ordera stayupon such terms as itdeems proper. (4) Within thirty days after service ofthe petition, or within such further time as the court may allow, the agency shall transmit to the reviewing court the original

or a certified copy ofthe entirerecord ofthe proceeding under review; but, by stipulation ofall 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 in cases ofalleged irregularitiesin procedurebefore the agency, not shown in the record, testimony thereon maybetakenin thecourt. Thecourt shall, upon request, hearoral argument and receive written briefs. (6) The court may affirm the**~ecision** 

### ofthe agency
or remand the case for further proceedings; or it may
reverse the decision ifthe substantial rights ofthe petitioners may have been prejudiced because the administrative findings, inferences, conclusions, ordecisions are: (a) in violation ofconstitutional provisions; or (b) in excess ofthe statutory authority orjurisdiction ofthe agency; or (c) madeupon unlawful procedure; or (d) affected by othererroroflaw; 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 

### (0 arbitrary or capricious. [1977 ex.s. c 52 

### § 1; 1967

c 237 

### § 6; 1959 c 234 

### § 13.]

(1983 Laws)

# •• Administrative ProcedureAct 34.04.210

·Reviser's note: This 1967 amendatory 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, 48.52.060. 66­ .08.150, and 82.32.130. Sections 21 and 22, chapter237, Laws of 1967 (uncodified) were repealed by chapter 71, Laws of 1967 extraordinary session.

RCW 34.04.133 Contested cases--Direct review by court ofappeals. The final decision ofan administrative agency in a contested case under chapter 34.04 RCW may be directly reviewed by the court ofappeals 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 thecourt finds that: (1) 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 ofsuch issues would be detrimental to any party or the public interest; (3) An appeal to the court ofappeals would be likely regardless ofthe determination in superiorcourt; and 

# • (4) The appellate court's determination in the proceeding would have significant precedential value. [1980

c 76 § 1.]

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 ofthe Rules ofAppellate Procedure tothecontrary. [1980 c 76 § 2.]

RCW 34.04.140 Appeal to supremecourtorcourtof appeals. An aggrieved party may secure a review ofany 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; 1959c234§ 14.]

RCW 34.04.150 Exclusions from chapterorpartsof chapter. Except as provided under RCW 34.04.290, this chapter shall not apply to the state militia, or the board ofprison terms and paroles, or any institution ofhigher education as defined in RCW 28B.19.020. The provisions of RCW 34.04.090 through 34.04.130 shall not apply to the board ofindustrial insurance appeals orthe board oftax appeals unless an election is made pursuant to RCW 82.03.140 or 82.03.190. The provisions of RCW 34.04.090through 34.04.130and the provisions of RCW 34.04.170 shall not apply to the denial, suspen34.04.133, 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 221§ 6; 1981 c 64 § 2; 1979 c 158 § 90; 1971 ex.s. c 57 § 17; 1971 c 21 § 1; 1967 ex.s. c 71 § 1; 1967 c 237 § 7; 1963 c 237 § 1; 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. (1) When a licensee has made timely and sufficient application for the renewal of a license or a

new license with referenceto anyactivityofa continuing nature, an existing full, temporary, or provisional license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms ofthe new license limited, until the lastday for seeking review oftheagencyorderora later date fixed by orderofthereviewing court. (2) Ifthe agency finds that public health, safety,.or welfare imperatively requires emergency action, and in­

.corporates a finding tothat effect in its order, summary suspension ofa license may be ordered pending proceedings for revocation or other action. These proceedings. shall be promptly instituted and determined. [1980 c 33 § 1; 1967 c 237 § 8.]

RCW 34.04.210 Joint administrative rules review committee--Members--Appointment-­ Terms--Vacancies. (1) Thereis herebycreated ajoint administrative rules review committee which shall be a bipartisan committee consisting of four senators and four representatives from the state legislature. The senate members ofthecommittee 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. All appointments
to thecommitteeare subject to approval by thecaucuses to which the appointed members belong. (2) The initial members ofthe committee shall be appointed as soon as possible afterJuly 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 possible after the legisfature convenes in regular session in an odd-numbered year, and their terms shall extend until their successors'

areappointed andqualified atthe next regularsession 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 in even-numbered years and the vice chairperson in odd-numbered years from among committee 

# • sion, or revocation of a driver's license by the depart­ membership. The speaker ofthe house shall appoint the
ment of licensing. To the extent they are inconsistent chairperson in odd-numbered years and the vice chaIrwith RCW 80.50.140, theprovisions ofRCW 34.04.130, person in even-numbered years from among committee

(1983 Laws) ICb. 34.04 RCW-p91

### 34.04.210

'·f 

### Administrative ProcedureAct

membership. Such appointments shall be made in**Janu~** 

### ary of each year as soon as possible after a legislative session convenes. (4)A vacancy on thecommittee shall be filled by appointmentofa legislatorfrom thesamepolitical party as the' original appointment. The appropriate appointing authority shall make the appointment within thirty days of'tpe vacancy occurring." [1983c 53 

### § 1; 1981 c 324 

### § 

### 5-1."

Legislative affirmation--Severability--1981 c 324: See notes" foHo\ving RCW 34.04.010. 

### RCW 34.04.220 Review of proposed fules-"-Notice.Whenever a majority of the members of the rules review committee determines that a proposed rule is not witHin the intent ofthe 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 priorto any headngscheduled for considerationofor adoptionofthe proposed rule pursuantto RCW 34.04.025(1)(a)(iii) as
now or hereafter amended. The notice shall include a statement of the**r~view** 

### 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--No**tiC~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) If

### the rules review committee finds by a majority
vote of its members: (a) That an existing rule is not within the intent of the

.legislature as expressed by the
statute which the rule implements, or (b) that the rule**ha~** 

### not been adopted in accordance with all applicable provisions oflaw, the agency affected shall be notified of such finding and thereasons therefor. Within thirtydays ofthe receipt ofthe rules review committee's notice, the agency shall file notice ofa hearing on the rule in question with the code reviser and mail notice to all persons who have madetimely requestoftheagency for advance notice of its rule-making proceedings as provided in RCW 34.04.025, as now or hereafter amended. The**ag~ncy's** 

### notice shall include the rules review committee's findings and reasons therefor, and shall be publisped in the Washington state register in accordance with.the provisions ofchapter 34.08 RCW. (3) The agency shall consider fully all written and**or~l** 

### submissions regarding whether the rule in question is within 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.]
Legislative affirmation--Severability--1981 c 324: See notes foHowing RCW 34.04.010.



### "RCW 34.04.240 Committee objections to agency action-8tatement in register and WAC. (l) 

### Within

[Ch. 34.04 RCW-p 10] 

### seven days of an agency hearing held after notification ofthe**~gency** 

### by the rules review committee pursuant to 

# o

RCW 34.04.220 or 34.04.230, the affected agency shall notify the committee of its action on a proposed or ex­ isting rule to which the committeeobjected. If

### the rules review committee determines, by a majority vote of its members, that the agency has failed to provide for the required hearings or notice ofits action to the commit­ tee, the committee may file notice ofits objections, to­ gether with a concise statement ofthe reasons therefor, with the code reviser within thirty days of such determination. (2) If

### the rules review committee finds, by a majority vote ofits members, thatthe 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, within thirty days from notification by the agency ofits action, file with the code reviser notice ofits objections together with a concise statement of the reasons there­ for. Such notice and statement shall also be provided to

"theagencyby therules 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 (l) 

### or (2) ofthis section in the Washington stateregister 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. 

# o

(4) Such notice shall be removed from a rule pub­ lished inthe Washington Administrative Code ifa sub­ sequentadjudicatoryproceedingdetermines 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.]

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



### RCW 34.04.250 Recommendations and reports by committeeto legislature. (1) Therules review committee may recommend to the legislature that the original en­ abling legislation serving as authority for the promulga­ tion ofany 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 ac­ tivities, including findings and recommendations with respect to rule-making procedures ofstate agencies and institutions ofhigher education, thirty days prior to the convening of the regular session of the legislature in 1984. [1981 c 324 § 9.]

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



### RCW 34.04.260 Review and objection proce­ dures-No presumption established. It 

### is the express policy ofthe legislature thatestablishment ofprocedures for review ofadministrative rules by the legislature and

(1983 Laws)

### 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.]

Legislative affirmation---Severability-1981 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, to conform to a federal law which, on or after January 1, 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. (1) 

### By November 1, 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, ifany, taken by the agency head to change or eliminate**t~e** 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 offinancial 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--19S9 c 234. Ifany provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect otherprovisions or applications ofthe chapter which can be given effect without the invalid provision orapplication, and to this end the provisions of this chapter are declared to be severable. [1959 c 234 

### § 16.]

.



### RCW 34.04.901 Severability--1967 c 237. Ifany provision ofthis 1967 amendatory act, or its application
to any person or circumstance is held invalid, the re­ -Reviser'snote: Formeaningof "this 1967 amendatoryact" seenote following RCW 34.04.130.



### RCW 34.04.910 General repeal and saving. All acts

or parts ofacts, whether special orcomprehensive 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--19S9 c 234. Sections 2, 3, 4, and 5 ofthis act shall take effect upon the elapse of one year from the date of its enactment. The other sections ofthis 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 1, 1967. [1967 c 237 

### § 29.]

-Reviser'snote: "Thisact" 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 partofthis chapteris hereby declared to be inoperative solely to the extentof such conflict and with respect to the agencies directly affected, and such findings or determination shall not affect the operation ofthe remainder of this chapter;in its application to the agencies concerned. [1959 c 234'

### § 19.]



### RCW 34.04.931 Operation of 1967 amendatory act ifin conflict with federal law. Ifany part of *this 1967 amendatory act shall be found to be in conflict whh 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: Formeaning of "this 1967 amendatoryact" see note following RCW 34.04.130.



### RCW 34.04.940 Savings--Authority of agencies to comply with chapter--Effect ofsubsequent legislation. Nothing in the Administrative Procedure Act shall be held to diminish the constitutional rights'ofany person orto limit orrepeal 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 

# • mainder of *this 1967 amendatory act, or the applica­ agencies and persons. Every agency is granted all aution ofthe provision to other persons or circumstances is thority necessary to comply with the requirements ofthe
not affected. [1967 c 237 

### § 27.] Administrative Procedure Act through the issuance of

(1983 Laws) lCh. 34.04RCW-p 111.' (\0 .W



### Administrative ProcedureAct 

### 34.04.940**rul~s** or otherwise. No subsequent legislation shall.be 

# a

held to supersede or modify the provisions of the Administrative Procedure 

### Ad or its applicability to any agency except to theextentthat such legislation shall do

so**e~pressly.** [1967 c 237 

### § 24.]



# o

o

(1983 Laws) ICh. 34.04 RCW-p

### 121