• Chapter 34.04 RCW 

ADMINISTRATIVE PROCEDURE ACT 

Sections 

34.04.010 Definitions. 

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. 

34.04.022	 Uniform procedural rules--Application--Conduct 

of contested cases. 

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. 

34.04.026	 Specific reference to rule-making authority to be inc1uded--Alternatives--Format--Request for 

more specific reference. 

34.04.027	 Failure to give twenty days notice of intended action--Effect. 

34.04.030 Emergency rules and amendments. 

,34.04.040	 Rules filed with code reviser--Register--Effective 

dates--Report. 

34.04.045	 Statement of proposed rule's purpose and how implemented--Contents--Distribution by agency. 

34.04.048 Withdrawal of proposed rules. 

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. 

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34.04.052 Scope of editing and revision of rules.
 

34.04.055 Regulations on filing and form of rules and notices. 

34.04.057	 Style, format, and numbering of rules--Agency 

compliance. 

34.04.058	 Format and style of rules amending existing sections, 

adding new sections--Effect of failure to comply. 

34.04.060	 Petition for adoption, amendment, repeal of rule-­

Agency action. 

34.04.070	 Declaratory judgment on validity of rule-Small 

business economic impact statement action as part of 

record. 

34.04.080	 Declaratory ruling by agency--Petition-Court 

review. 

34.04.090	 Contested cases--Notice--Hearing-Summary 

orders--Informal disposition--Record--Findings of fact--Agency's powers. 

34.04.100	 Contested cases--Rules of evidence--Crossexamination. 

34.04.105	 Agency hearings and contested cases--Hearings, 

oaths, subpoenas. evidence. witnesses--Contempt. 

34.04.110	 Contested cases--Procedure when deciding officials 

have not heard or read 'evidence. 

34.04.115 Consultation by agency officer as to issues. 

34.04.120	 Contested cases--Adverse decisions and orders--

Findings and conclusions. 

34.04.130 Contested cases--Judicial review. 

34.04.133 Contested cases--Direct review by court of appeals. 

34.04.135	 Contested cases--Refusal of review by court of 

appeals. 

34.04.140 Appeal to supreme court or court of appeals. 

34.04.150 Exclusions from chapter or parts of chapter. 

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 of proposed rules--Notice. 

34.04.230 Review of existing rules--Notice--Hearing. 

• 

34.04.240 Committee objections to agency action-Statement in 

register and WAC. 

34.04.250	 Recommendations and reports by committee to 

legisla tu reo 

(1983 Laws) 

34.04.260	 Review and objection procedures--No presumption
 

established.
 

34.04.270	 Agency review of own rules for conformity with federal 

law. 

34.04.280	 Reports by agency to office of financial manage­


ment-Compilation by office of financial manage­


ment provided to legislative officers.
 

34.04.290 Application of RCW 34.04.270 and 34.04.280. 

34.04.900 Severability--1959 c 234. 

34.04.901 Severability--1967 c 237. 

34.04.910 General repeal and saving. 

34.04.920 Effective dates--1959 c 234. 

34.04.921 Effective dllte--1967 c 237. 

34.04.930 Operation of chapter if in connict with federal law. 

34.04.931	 Operation of 1967 amendatory act if in connict with
 

federal law.
 

34.04.940	 Savings--Authority of agencies to comply with chapter--Effect of subsequent legislation. 

Hearings, procedures, rule making	 by various agencies to be in accordance with Administrative Procedure Act: Cf. the pertinent statute under which the particular agency is established. 

RCW 34.04.010 Definitions. The definitions set 

forth in this section shall apply throughout this chapter, 

unless the context clearly requires otherwise. 

(1) "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 or judicial branches. 

(2) "Rule" means any agency order, directive, or regulation of general applicability (a) the violation of which 

subjects a 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 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 traffic control devices. 

(3) "Contested case" means a proceeding before an 

agency in which an opportunity for a hearing before 

such agency is required by law or constitutional right 

prior or subsequent to the determination by the agency 

leb. 34.04 RCW-p lJ 
34.04.010 Administrative Procedure Act 

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 

agen:cy permit, certificate, approval, registration, charter, or any form of permission required by law, including 

agency rule, to engage in any activity, but does not includea license required solely for revenue purposes. 

(5) "Licensing" includes the agency process respecting 

the..grant, denial, renewal, revocation, suspension, annulment, withdrawal, or modification of a license. 

(6) "Rules review committee" or "committee" means 

the joint 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--1982 c 10: See note following RCW 6.12.100. 

Legislative affirmation-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: "If any 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 circumstances is not affected." [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 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 

other rule-making requirements imposed by law: 

( 1) Each agency shall adopt rules governing the formal and informal procedures prescribed or 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 organiiatioJ}, stating the general course and method of its operations and the methods whereby the public may obtain 

information and make submissions or requests. No person may be required to comply with agency procedure 

not adopted as a rule as herein required. 

(3) To the extent not prohibited by federal law or 

regulation, nor prohibited for reasons of confidentiality 

by state law, each agency shall keep on file for public 

inspection all final orders, decisions, and opinions in 

contested cases and any digest or index to those orders, 

[eb. 34.04 RCW-p 2] 

decisions, 

use. No agency 

or opinions 

order, 

prepared 

decision, 

by 

or 

the 

opinion 

agency 

is valid 

for its 

or 

own 

ef­ G

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, the code reviser shall add to Title 1 of the 

Washington Administrative Code a new chapter to be 

known as chapter 1-08 WAC--Uniform Procedural 

Rules, which shall become effective July 1, 1967, and 

shall govern the administrative practice and 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 308-08-590 as the same existed on January 

3, 1966: Provided, That in publishing chapter 1-08 

WAC the reviser may revise such terms as are used in 

chapter 308-08 WAC to describe "agency", "department n, "board", "commission", and like terms, so as to 

enable the use of such rules by multiple agencies. 

The chief administrative law judge shall promulgate 

uniform procedural rules governing the conduct of contested cases. The rules may consist of, may be based 

upon, or may completely replace the rules codified in 

chapter 1-08 WAC as of June 30, 1981. From time to 

time thereafter the chief administrative law judge may 

modify the uniform procedural rules. 

The chief administrative law judge may adopt rules 

with variations from the uniform rules for an agency if 

the chief administrative law judge determines there are 

sufficient demonstrable needs for variations. Variations 

shall, to the greatest practicable extent, embody the 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 

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 of either the terms or substance 

of the proposed rule or a description of the subjects and 

issues involved, and (iii) the time when, the place where, 

(1983 Laws) 

c 
Administrative Procedure Act 34.04.030 

• 

and the manner in which interested persons may present 

their views thereon; 

. (b) Afford. all interested persons reasonable opportumtr to submIt data, views, or arguments, orally or in 

wrttl.ng. In case of substantive rules, opportunity for oral 

hearmg must be granted if requested by twenty-five 

persons, ?y 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 information on the proposed rule circulated pursuant 

to subsection (1 )(a) of this section accurately reflects the 

rule to be presented and discussed at any oral hearing on 

such rule. Where substantial changes in the draft of the 

proposed rule are made after publication 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 (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 the mtent of the legislature as expressed by 

the statute which the rule implements, and may amend 

the propose~ rule at the oral hearing or adopt the propose~ rule, If there are no substantial changes, without 

r~fihng the notice required by this section. Upon adoption 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, incorpor~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) of this section 

of the distribution date of the register in which such notice will be published. 

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

m substantIal compliance 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 be 

contested on the ground of noncompliance with the procedural requirements of RCW 34.08.020( 1), of this section, 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 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-1977 ex.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 affecting small 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) The most 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 (name of act .or 

RCW citation)." 

(c) The least specific reference, and one which shall 

be used only if paragraphs (a) and (b) of this subsection 

are not applicable, is one which indicates that the 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 of rules 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 the code reviser, as required in RCW 

34.04.025, the code reviser shall not publish such rule 

and such rule shall not be effective for any purpose. 

[1967 c 237 § 4.] 

RCW 34.04.030 Emergency rules and amendments. 

If the agency finds that immediate adoption or amendmen~ of a rule is necessary for the preservation of the 

pubhc health, safety, or general 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 may dispense with such 

requIrements and adopt the rule or amendment as an 

(1983 Laws) . lCb. 34.04 RCW-p 31 
34.0.4.030 Administrative Procedure Act 

emergency rule or amendment. The agency's finding and 

a concise statement of 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 

longer than ninety days after filing. This section 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: See RCW 34.08.910. 

RCW 34.04.040 Rules filed with code reviser-­

Register--Effective dates--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 transportation commission. The code reviser shall keep a permanent register of such 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.thirty days after the date of filing, unless a later date 

is required by statute or specified in the rule. 

'(3) The code reviser shall report to each regular session of the legislature during an odd-numbered year on 

the state of compliance of the agencies with this section. 

For this purpose, all agencies shall supply the code reviser with such information as he may request. [1980 c 

87:§ 11; 1959 c 234 § 4.] 

RCW 34~04.045 Statement of proposed rule's purpose and how 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 statement shall be on the agency's 

stationery or a form bearing the agency's name and shall 

contain, but is 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 in identifying the rule or its purpose; 

(b) Citations of the statutory authority for adopting 

the rule and the specific statute the rule is intended to 

implement; 

(c) A 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 enforcement of the rule; 

.(e) The name of the person or organization, whether 

private, public, or governmental, proposing the rule; . 

ICb. 34.04 RCW-p 4] 

regarding 

(f) Agency 

statutory 

comments 

language, 

or recommendations, 

implementation, enforceif any, c

ment, and fiscal matters pertaining to the rule; 

(g) Whether the rule is necessary as the result of federallaw or federal or state court 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 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--1981 c 6: See RCW 19.85.900. 

SeverabiHty--1980 c 186: "If any provision of this 1980 act or its 

application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or
 

circumstances is not affected." [1980 c 186 § 29.]
 

Small business 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 of the text as last proposed in the register shall be c 

regarded as withdrawn. An agency may not thereafter 

adopt the text of the rules without filing the text in accordance with RCW 34.04.025 as now or hereafter 

amended. The code reviser shall give notice of the withdrawal in the register. [1980 c 186 § 11.] 

Severability--1980 c 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--Judicial notice of 

rules. (1) The code reviser shall, as soon as practicable 

after March 23, 1960, compile and index all rules 

adopted by each agency and remaining in effect. Compilations shall be supplemented or revised as often as 

necessary and at least once every two years. 

(2) The code reviser shall publish a register in which 

he shall set forth the text of all rules filed during the 

appropriate register publication period. 

(3) The code 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 thereof may 

be obtained. 

(4) The code reviser may edit and revise rules for 

publication, codification, and compilation, without 

(1983 Laws) 
Administrative Procedure Act	 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 a~d unconstitutional by a court of final appeal, 

the adoptmg agency shall give notice to that effect in the 

register. With the consent of the attorn'ey general, the 

code reviser may remove obsolete rules or parts of rules 

from the Washington Administrative Code when: 

(a) The rules are declared unconstitutional by a court 

Severability-1980 c 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 of this chapter re-' 

lating to the filing and publication of rules and notices of 

intention to adopt rules, including the form and style to : 

be employed by the various agencies in the drafting of 

such rules and notices. [1967 c 237 § 13.] 

of final appeal; or 

(b) The adopting agency ceases to exist and the rules 

are not transferred by statute to 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 of the state Constitution or by RCW 48.02.010, upon request, (b) to the 

secretary of the senate and the chief clerk of the house 

for committee use, as required, but not to exceed the 

number of standing committees in each body, (c) to 

county boards of law library trustees and to the Olympia 

representatives of the, Associated Press and the United 

Press International without request, free of charge, 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 and 

published as provided in RCW 34.04.040 and this section. [1982 1st ex.s. c 32 § 7; 1980 c 186 § 12; 1977 ex.s. 

c 240 § 9; 1959 c 234 § 5.] 

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

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

34.08.010.	 ' 

Severability-,1977 ex.s. c 240: 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: ' 

(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 of additions or omissions; 

(4) ~orrect manifest errors in references, by chapter 

or sectIOn number, to other laws or rules; 

(5) Corre~t manif~st errors or omissions in numbering 

RCW 34.04.057 Style, format, and numbering of 

rules--Agency compliance. After the rules of an 

agency have been 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 

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 new sections--Effect of failure 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 of such rule is in compliance 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 

!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" ine~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 the code 

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-1980 c 186: See note following RCW 34.04.045. 

RCW 34.04.060 Petition for adoption, amendme~t,

• 

or renumbenng sections of the 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. 34.04 RCW-p 51 
34.04.060 Administrative Procedure Act 

pro.¢edure 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 

wi~hin thirty days, the agency shall formally consider the 

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 Declaratory judgment on validity of 

rule--Small business economic impact statement action as part of record. (1) The validity of any rule may 

be determined upon petition for a declaratory judgment 

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 of the petitioner. The agency shall be made a 

. pal1ty to the proceeding. The declaratory judgment may 

be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule 

in question. 

(2) In a proceeding under subsection (1) of this section ,the court shall declare the rule invalid only if it 

finds that it violates constitutional provisions or exceeds 

the statutory authority of the agency or was adopted 

without ' compliance with statutory rule-making 

procedures. 

(3) A petition for a declaratory judgment pursuant to 

this :section may rt0t be solely based on the contents of 

the small business economic impact statement. However, 

in' the case of a 'petition for a declaratory judgment as 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. [1982 c 6 § 8; 1959 c 234 § 

7.] 

Severability-1981 c 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 

state of facts of any rule or statute enforceable by it. A 

declaratory ruling, if issued after argument and stated to 

be' binding, is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or 

set aside by a court. Such a ruling is subject to review in 

the superior court of Thurston county in the manner 

hereinafter provided for the review of decisions in contested cases. Each agency shall prescribe by rule the 

form for such petitions and the procedure for their submission, consideration, and disposition. [1959 c 234 § 8.] 

lCb. 34.04 RCW-p 6] 

RCW 34.04.090 Contested cases--Notice--. 

Hearing--8ummary 

tion--Record--Findings 

orders--Informal 

of fact--Agency's 

disposipowo

ers. (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 of the time, place and nature of the 

proceeding; 

(b) A statement of the legal authority and jurisdiction 

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 other party is unable to state the 

matters in detail at the time the notice is served, the initial notice may be limited to a statemerit of the issues 

involved. Thereafter upon request a more definite and 

detailed statement shall 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 no genuine issue as to 

any material fact and that the moving party is entitled 

to 

(4) 

the 

Unless 

order as 

precluded 

a matter 

by 

of 

law, 

law. 

informal disposition m,ay 

o

also be made of any contested case by stipulation, 

agreed settlement, consent order, or default. 

(5) The record in a contested case shall include: 

(a) All pleadings, motions, intermediate rulings; 

(b) Evidence received or considered; 

(c) A statement of matters officially noticed; 

(d) Questions and offers of proof, objections, and ruling thereon; 

(e) Proposed findings and exceptions; 

(f) Any decision, opinion, or reportby the officer presiding at the hearing. 

(6) Oral proceedings shall be transcribed for the purposes of agency decision pursuant to R,CW 34.04.110, as 

now or hereafter amended, rehearing, or court review. 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 procedute 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 of law, 

(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 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: 

(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 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 the determination 

of the case. Documentary evidence may be received in 

the form of copies or excerpts, or by incorporation by 

reference. 

(3) Every party shall have the right of cross-examination of witnesses who testify, and shall have the right 

to submit rebuttal evidence. 

(4) Agencies, or their authorized agents, may take 

notice of judicially cognizable facts and 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 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. (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, 

agency or its authorized agents. This subsection shall not 

preclude the exercise of subpoena powers for investigative purposes granted agencies by other statutory 

provisions. 

(2) In any contested case after service of notice as required in RCW 34.04.090( 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 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 

be state-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 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 

court that the subpoena was 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 of any 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 Procedure Act 

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 of the officials 

of the agency who are to render the final decision have 

not heard or read the evidence, the decision, if adverse 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 of the agency. [1959 c 234 § 11.] 

~CW 34.04.115 Consultation by agency officer as to 

issues. Except upon notice and opportunity for all parties 

to 'be 'present or to the extent required for the disposition 

of ex parte matters as authorized by law, no hearing examiner or agency or member of an agency presiding in a 

contested case or preparing a decision, or proposal for 

decision shall consult with any person or party on any 

issue of fact 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 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 'related case and 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 deliverep or mailed to each party and to his attorney of 

record, if any. [1975 c 12 § 1; 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 

lCb. 34.04 RCW-p 81 

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 superior court, 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 of record not filing or joining in the first 

petition who wants relief from the decision must join in 

the petition or serve and file a cross-petition within 

twenty days after service of the first petition or thirty 

days after service of the final decision of the agency, 

whichever period of time is longer. The court, in its discretion, may permit other interested persons to 

intervene. 

(3) The filing of the petition shall not stay enforcement of the agency' decision. Where other statutes pro- ' 

vide for stay or supersedeas of an agency decision, it 

may be stayed by the agency or the reviewing court only 

as provided therein; otherwise the agency may do so; or 

the reviewing court may order a stay upon such terms as 

it deems proper. 

(4) Within thirty days after service of the petition, or 

within such further time as the court may allow, the 

agency shall transmit to the reviewing court the original 

or a certified copy of the entire record of the proceeding 

under review; but, by stipulation of all parties to the review proceeding, the record may be shortened. Any 

party unreasonably refusing to stipulate to limit the 

record may be taxed by the court 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 of alleged irregularities in procedure before 

the agency, not shown in the record, testimony thereon 

may be taken in the court. The court shall, upon request, 

hear oral argument and receive written briefs. 

(6) The court may affirm the ~ecision 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) in violation of constitutional provisions; or 

(b) in excess of the statutory authority or jurisdiction 

of the agency; or 

(c) made upon unlawful procedure; or 

(d) affected by other error of law; or 

(e) clearly erroneous in view of the entire record as 

submitted and the public policy contained in the act of 

the legislature authorizing the decision or order; or

(0 arbitrary or capricious. [1977 ex.s. c 52 § 1; 1967 

c 237 § 6; 1959 c 234 § 13.] 

(1983 Laws) 
•• 

Administrative Procedure Act	 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, chapter 237, Laws of 1967 

(uncodified) were repealed by chapter 71, Laws of 1967 extraordinary 

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: 

(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 of such issues would be detrimental to any party or 

the public interest; 

(3) An appeal to the court of appeals would be likely 

regardless of the determination in superior court; and 

• 

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

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 of the Rules of Appellate Procedure tothe contrary. [1980 c 76 § 2.] 

RCW 34.04.140 Appeal to supreme court or court of 

appeals. An aggrieved party may secure a review of any 

final judgment of the superior court under this chapter 

by appeal to the supreme court or the court of appeals. 

Such appeal shall be taken in the manner provided by 

law for appeals from the superior court in other civil 

cases. [1971 c81 §87; 1959c234§ 14.] 

RCW 34.04.150 Exclusions from chapter or parts of 

chapter. Except as provided under RCW 34.04.290, this 

chapter shall not apply to the state militia, or the board 

of prison terms and paroles, or any institution of higher 

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 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, 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 reference to any activity of a 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 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,. or 

welfare imperatively requires emergency action, and in­

. corporates a finding to	 that effect in its order, summary 

suspension of a 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) There is hereby created a joint 

administrative rules review committee 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 by the 

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 the committee are 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 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' 

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 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 of the 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, the provisions of RCW 34.04.130, person in even-numbered years from among committee 

(1983 Laws) ICb. 34.04 RCW-p 91 
34.04.210 '·f Administrative Procedure Act 

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 the committee shall be filled by appointment of a legislator from the same political 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 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 

headng scheduled for consideration of 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 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--NotiC~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 of law, the agency affected shall be notified of 

such finding and the reasons therefor. Within thirty days 

of the receipt of the rules review committee's notice, the 

agency shall file notice of a hearing on the rule in question with the code reviser and mail notice to all persons 

who have made timely request of the agency 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 of chapter 34.08 RCW. 

(3) The agency shall consider fully all written and 

or~l 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 

was adopted in accordance with all applicable provisions 

,of law. [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
 

of the ~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 committee objected. 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 of its action to the commit­


tee, the committee may file notice of its objections, to­


gether with a concise statement of the reasons therefor,
 

with the code reviser within thirty days of such
 

determination.
 

(2) If the rules review committee finds, by a majority
 

vote of its members, that the proposed 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 of its
 

action, file with the code reviser notice of its objections
 

together with a concise statement of the reasons there­


for. 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 (l) 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 pub­
 o

lished in the Washington Administrative Code if a sub­


sequent adjudicatory proceeding determines that the 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. (1) The rules review committee
 

may recommend to the legislature that the original en­


abling legislation serving as authority for the promulga­


tion of any rule reviewed by the committee be amended
 

or repealed in such manner as the committee deems
 

advisable. "
 

(2) The rules review committee shall report on its ac­


tivities, 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--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 of the legislature that establishment of procedures
 

for review of administrative rules by the legislature and
 

(1983 Laws) 
Administrative Procedure Act 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 of a rule 

in any subsequent judicial 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 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 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 of financial management provided to legislative officers. (1) By 

November 1, 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 

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 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 of representatives and the president of the senate. 

[1982 c 221 § 4.] 

RCW 34.04.290 Application of RCW 34.04.270 and 

. 34.04.280. RCW 34.04.270 and 34.04.280 apply to each 

"agency" as defined in RCW 34.04.010. It also applies 

to each agency exempted, in whole or in part, under 

RCW 34.04.150. [1982 c 221 § 5.] 

RCW 34.04.900 Severability--19S9 c 234. If any 

provision of this chapter or the application thereof to 

any person or circumstance is held invalid, such invalidity shall not affect other 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. [1959 c 234 § 

16.] . 

RCW 34.04.901 Severability--1967 c 237. If any 

provision of this 1967 amendatory act, or its application 

to any person or circumstance is held invalid, the re­

-Reviser's note: For meaning of "this 1967 amendatory act" see note 

following RCW 34.04.130. 

RCW 34.04.910 General repeal and saving. All acts 

or parts of acts, 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--19S9 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 of this act shall take effect upon the 

elapse of six months from the date of its enactment. 

[1959 c 234 § 18.] 

RCW 34.04.921 Effective date--1967 c 237. 

*This act shall take effect on July 1, 1967. [1967 c 237 

§ 29.] 

-Reviser's note: "This act" see note following RCW 34.04.130. 

RCW 34.04.930 Operation of chapter if in conflict 

with federal law. If any part of this chapter shall 'be 

found to 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 chapter 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 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 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's note: For meaning of "this 1967 amendatory act" see note 

following RCW 34.04.130. 

RCW 34.04.940 Savings--Authority of agencies 

to comply with chapter--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 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 of the provision to other persons or circumstances is thority necessary to comply with the requirements of the 

not affected. [1967 c 237 § 27.] Administrative Procedure Act through the issuance of 

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

Administrative Procedure Act 34.04.940 

rul~s

held to 

or 

supersede 

otherwise. 

or 

No 

modify 

subsequent 

the provisions 

legislation 

of 

shall. 

the Adbe a

ministrative Procedure Ad or its applicability to any 

agency except to the extent that such legislation shall do 

so e~pressly. [1967 c 237 § 24.] 

o
 

o
 

(1983 Laws) 

ICh. 34.04 RCW-p 121