RCW 34.05.582
Petition by others for enforcement.
(1) Any person who would qualify under this chapter as having standing to obtain judicial review of an agency's failure to enforce an order directed to another person may file a petition for civil enforcement of that order, but the action may not be commenced:
(a) Until at least sixty days after the petitioner has given notice of the alleged violation and of the petitioner's intent to seek civil enforcement to the head of the agency concerned, to the attorney general, and to each person against whom the petitioner seeks civil enforcement;
(b) If the agency has filed and is diligently prosecuting a petition for civil enforcement of the same order against the same person; or
(c) If a petition for review of the same order has been filed and a stay is in effect.
(2) The petition shall name, as respondents, the agency whose order is sought to be enforced and each person against whom the petitioner seeks civil enforcement.
(3) The agency whose order is sought to be enforced may move to dismiss the petition on the grounds that it fails to qualify under this section or that the enforcement would be contrary to the policy of the agency. The court shall grant the motion to dismiss the petition unless the petitioner demonstrates that (a) the petition qualifies under this section and (b) the agency's failure to enforce its order is based on an exercise of discretion that is arbitrary or capricious.
(4) Except to the extent expressly authorized by law, a petition for civil enforcement may not request, and the court may not grant, any monetary payment apart from taxable costs.
[
1988 c 288 s 519
.]
RCW 34.05.586
Defenses, limitations on.
(1) Except as expressly provided in this section, a respondent may not assert as a defense in a proceeding for civil enforcement any fact or issue that the respondent had an opportunity to assert before the agency or a reviewing court and did not, or upon which the final determination of the agency or a reviewing court was adverse to the respondent. A respondent may assert as a defense only the following:
(a) That the rule or order is invalid under RCW 34.05.570
(3) (a), (b), (c), (d), (g), or (h), but only when the respondent did not know and was under no duty to discover, or could not reasonably have discovered, facts giving rise to this issue;
(b) That the interest of justice would be served by resolution of an issue arising from:
(i) A change in controlling law occurring after the agency action; or
(ii) Agency action after the respondent has exhausted the last foreseeable opportunity for seeking relief from the agency or from a reviewing court;
(c) That the order does not apply to the respondent or that the respondent has not violated the order; or
(d) A defense specifically authorized by statute to be raised in a civil enforcement proceeding.
(2) The limitations of subsection (1) of this section do not apply to the extent that:
(a) The agency action sought to be enforced is a rule and the respondent has not been a party in an adjudicative proceeding that provided an adequate opportunity to raise the issue; or
(b) The agency action sought to be enforced is an order and the respondent was not notified actually or constructively of the related adjudicative proceeding in substantial compliance with this chapter.
(3) The court, to the extent necessary for the determination of the matter, may take new evidence.
[
1989 c 175 s 29
;
1988 c 288 s 520
.]
NOTES:
Effective date
—
1989 c 175:
See note following RCW 34.05.010
.
RCW 34.05.588
Enforcement of agency subpoena.
(1) If a person fails to obey an agency subpoena issued in an adjudicative proceeding, or obeys the subpoena but refuses to testify or produce documents when requested concerning a matter under examination, the agency or attorney issuing the subpoena may petition the superior court of any county where the hearing is being conducted, where the subpoenaed person resides or is found, or where subpoenaed documents are located, for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, shall set forth in what specific manner the subpoena has not been complied with, and shall request an order of the court to compel compliance. Upon such petition, the court shall enter an order directing the person to appear before the court at a time and place fixed in the order to show cause why the person has not obeyed the subpoena or has refused to testify or produce documents. A copy of the court's show cause order shall be served upon the person. If it appears to the court that the subpoena was properly issued, and that the particular questions the person refused to answer or the requests for production of documents were reasonable and relevant, the court shall enter an order that the person appear before the agency at the time and place fixed in the order and testify or produce the required documents, and on failing to obey this order the person shall be dealt with as for contempt of court.
(2) Agencies with statutory authority to issue investigative subpoenas may petition for enforcement of such subpoenas in accordance with subsection (1) of this section. The agency may petition the superior court of any county where the subpoenaed person resides or is found, or where subpoenaed documents are located. If it appears to the court that the subpoena was properly issued, that the investigation is being conducted for a lawfully authorized purpose, and that the testimony or documents required to be produced are adequately specified and relevant to the investigation, the court shall enter an order that the person appear before the agency at the time and place fixed in the order and testify or produce the required documents, and failing to obey this order the person shall be dealt with as for contempt of court.
(3) Petitions for enforcement of agency subpoenas are not subject to RCW 34.05.578
through
34.05.590
.
[
1989 c 175 s 30
.]
NOTES:
Effective date
—
1989 c 175:
See note following RCW 34.05.010
.
RCW 34.05.590
Incorporation of other judicial review provisions.
Proceedings for civil enforcement are governed by the following provisions of this chapter on judicial review, as modified where necessary to adapt them to those proceedings:
(1) RCW 34.05.510
(2) (ancillary procedural matters); and
(2) RCW 34.05.566
(agency record for judicial review).
[
1988 c 288 s 521
.]
RCW 34.05.594
Review by higher court.
Decisions on petitions for civil enforcement are reviewable as in other civil cases.
[
1988 c 288 s 522
.]
RCW 34.05.598
Frivolous petitions.
The provisions of RCW 4.84.185
relating to civil actions that are frivolous and advanced without reasonable cause apply to petitions for judicial review under this chapter.
[
1988 c 288 s 607
.]
RCW 34.05.610
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. The appointing authorities shall also appoint one alternate member from each caucus of each house. All appointments to the committee are subject to approval by the caucuses to which the appointed members belong.
(2)(a) Members and alternates shall be appointed as soon as possible after the legislature convenes in regular session in an odd-numbered year. Except when filling a vacancy, a successor to any member or alternate must be appointed in an odd-numbered year as soon as possible after the legislature convenes in regular session, but no later than by June 30th of the same year. A vacancy on the committee must be filled in accordance with subsection (4) of this section within thirty days of the vacancy occurring. Members and alternates may be reappointed to the committee.
(b) The term of any member or alternate appointed to the committee extends until a successor is appointed and qualified, or until the member or alternate no longer serves in the legislature, whichever occurs first.
(3) The president of the senate shall appoint the chairperson and the vice chairperson from among the committee membership as soon as possible after the legislature convenes in regular session in January 2016. The speaker of the house shall appoint the chairperson and the vice chairperson in alternating even-numbered years beginning in the year 2018 from among the committee membership. The secretary of the senate shall appoint the chairperson and the vice chairperson in the alternating even-numbered years beginning in the year 2020 from among the committee membership. Appointments of the chairperson and vice chairperson shall be made in each even-numbered year as soon as possible after a legislative session convenes in regular session, but no later than by June 30th of the same year.
(4) The chairperson of the committee shall cause all meeting notices and committee documents to be sent to the members and alternates. A vacancy must 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 the vacancy occurring.
[
2015 2nd sp.s. c 11 s 1
;
1998 c 280 s 9
;
1996 c 318 s 2
;
1988 c 288 s 601
;
1983 c 53 s 1
;
1981 c 324 s 5
. Formerly RCW 34.04.210
.]
NOTES:
Legislative affirmation
—
Severability
—
1981 c 324:
See notes following RCW 34.05.010
.
RCW 34.05.620
Review of proposed rules
—
Notice.
If the rules review committee finds by a majority vote of its members that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320
. The notice shall include a statement of the review committee's findings and the reasons therefor. When the agency holds a hearing on the proposed rule, the agency shall consider the review committee's decision.
[
1996 c 318 s 3
;
1994 c 249 s 17
;
1988 c 288 s 602
;
1987 c 451 s 1
;
1981 c 324 s 6
. Formerly RCW 34.04.220
.]
NOTES:
Severability
—
Application
—
1994 c 249:
See notes following RCW 34.05.310
.
Legislative affirmation
—
Severability
—
1981 c 324:
See notes following RCW 34.05.010
.
RCW 34.05.630
Review of existing rules
—
Policy and interpretive statements, etc.
—
Notice
—
Hearing.
(1) All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by the committee.
(2) All agency policy and interpretive statements, guidelines, and documents that are of general applicability, or their equivalents, are subject to selective review by the committee to determine whether or not a statement, guideline, or document that is of general applicability, or its equivalent, is being used as a rule that has not been adopted in accordance with all applicable provisions of law.
(3) 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, (b) that the rule has not been adopted in accordance with all applicable provisions of law, or (c) that an agency is using a policy or interpretive statement in place of a rule, 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 rules review committee's finding 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 34.05.320
. The agency's notice shall include the rules review committee's findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter
34.08
RCW.
(4) The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, and (c) whether the agency is using a policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, in place of a rule.
[
1998 c 21 s 1
;
1996 c 318 s 4
;
1994 c 249 s 18
;
1993 c 277 s 1
;
1988 c 288 s 603
;
1987 c 451 s 2
;
1981 c 324 s 7
. Formerly RCW 34.04.230
.]
NOTES:
Severability
—
Application
—
1994 c 249:
See notes following RCW 34.05.310
.
Legislative affirmation
—
Severability
—
1981 c 324:
See notes following RCW 34.05.010
.
RCW 34.05.640
Committee objections to agency intended action
—
Statement in register and WAC
—
Suspension of rule.
(1) Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620
or
34.05.630, the affected agency shall notify the committee of its intended action on a proposed or existing rule to which the committee objected or on a committee finding of the agency's failure to adopt rules.
(2) If the rules review committee finds by a majority vote of its members: (a) That the proposed or existing rule in question will not be modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, (b) that an existing rule was not adopted in accordance with all applicable provisions of law, or (c) that the agency will not replace the policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, with a rule, the rules review committee may, within thirty days from notification by the agency of its intended action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.
(3)(a) If the rules review committee makes an adverse finding regarding an existing rule under subsection (2)(a) or (b) of this section, the committee may, by a majority vote of its members, recommend suspension of the rule. Within seven days of such vote the committee shall transmit to the appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.
(b) If the rules review committee makes an adverse finding regarding a policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, under subsection (2)(c) of this section, the committee may, by a majority vote of its members, advise the governor of its finding.
(4) The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (2) or (3) 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 or recommended suspension and the governor's action on it and to the issue of the Washington state register in which the full text thereof appears.
(5) The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent 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.
[
1998 c 21 s 2
;
1996 c 318 s 5
;
1994 c 249 s 19
;
1993 c 277 s 2
;
1988 c 288 s 604
;
1987 c 451 s 3
;
1981 c 324 s 8
. Formerly RCW 34.04.240
.]
NOTES:
Severability
—
Application
—
1994 c 249:
See notes following RCW 34.05.310
.
Legislative affirmation
—
Severability
—
1981 c 324:
See notes following RCW 34.05.010
.
RCW 34.05.650
Recommendations by committee to legislature.
The rules review committee may recommend to the legislature that the original enabling legislation serving as authority for the adoption of any rule reviewed by the committee be amended or repealed in such manner as the committee deems advisable.
[
1988 c 288 s 605
;
1987 c 451 s 4
;
1981 c 324 s 9
. Formerly RCW 34.04.250
.]
NOTES:
Legislative affirmation
—
Severability
—
1981 c 324:
See notes following RCW 34.05.010
.
RCW 34.05.655
Petition for review.
(1) Any person may petition the rules review committee for a review of a proposed or existing rule or a proposed or existing policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent. A petition to review a statement, guideline, or document that is of general applicability, or its equivalent, may only be filed for the purpose of requesting the committee to determine whether the statement, guideline, or document that is of general applicability, or its equivalent, is being used as a rule that has not been adopted in accordance with all provisions of law. Within thirty days of the receipt of the petition, the rules review committee shall acknowledge receipt of the petition and describe any initial action taken. If the rules review committee rejects the petition, a written statement of the reasons for rejection shall be included.
(2) A person may petition the rules review committee under subsection (1) of this section requesting review of an existing rule only if the person has petitioned the agency to amend or repeal the rule under RCW 34.05.330
(1) and such petition was denied.
(3) A petition for review of a rule under subsection (1) of this section shall:
(a) Identify with specificity the proposed or existing rule to be reviewed;
(b) Identify the specific statute identified by the agency as authorizing the rule, the specific statute which the rule interprets or implements, and, if applicable, the specific statute the department is alleged not to have followed in adopting the rule;
(c) State the reasons why the petitioner believes that the rule is not within the intent of the legislature, or that its adoption was not or is not in accordance with law, and provide documentation to support these statements;
(d) Identify any known judicial action regarding the rule or statutes identified in the petition.
A petition to review an existing rule shall also include a copy of the agency's denial of a petition to amend or repeal the rule issued under RCW 34.05.330
(1) and, if available, a copy of the governor's denial issued under RCW 34.05.330
(3).
(4) A petition for review of a policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, under subsection (1) of this section shall:
(a) Identify the specific policy or interpretative statement, guideline, or document that is of general applicability, or its equivalent, to be reviewed;
(b) Identify the specific statute which the rule interprets or implements;
(c) State the reasons why the petitioner believes that the policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, meets the definition of a rule under RCW 34.05.010
and should have been adopted according to the procedures of this chapter;
(d) Identify any known judicial action regarding the policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, or statutes identified in the petition.
(5) Except for petitions that the rules review committee rejects, the rules review committee shall make a final decision within ninety days of receipt of a petition for review under subsection (1) of this section. If the legislature meets in regular or special session at any time before the rules review committee makes a final decision on a petition, the rules review committee may defer making a final decision until after the adjournment sine die of the regular or special session or sessions. The rules review committee shall make a final decision on a deferred petition within ninety days of adjournment. During a legislative session, petitioners may bring any concerns raised in a petition to any legislator, and those concerns may be addressed directly through legislation.
[
2015 2nd sp.s. c 11 s 2
;
1998 c 21 s 3
;
1996 c 318 s 7
;
1995 c 403 s 502
.]
NOTES:
Findings
—
Short title
—
Intent
—
1995 c 403:
See note following RCW 34.05.328
.
RCW 34.05.660
Review and objection procedures
—
No presumption established.
It is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection required by RCW 34.05.630
(3) and
34.05.640
(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.
[
2001 c 64 s 2
;
1988 c 288 s 606
;
1981 c 324 s 10
. Formerly RCW 34.04.260
.]
NOTES:
Legislative affirmation
—
Severability
—
1981 c 324:
See notes following RCW 34.05.010
.
RCW 34.05.665
Submission of rule for review
—
State employees protected.
Any individual employed or holding office in any department or agency of state government may submit rules warranting review to the rules review committee. Any such state employee is protected under chapter
42.40
RCW.
[
1995 c 403 s 503
.]
NOTES:
Findings
—
Short title
—
Intent
—
1995 c 403:
See note following RCW 34.05.328
.
RCW 34.05.671
Reports
—
Advisory boards
—
Staff.
(1) The rules review committee may make reports from time to time to the members of the legislature and to the public with respect to any of its findings or recommendations. The committee shall keep complete minutes of its meetings.
(2) The committee may establish ad hoc advisory boards, including but not limited to, ad hoc economics or science advisory boards to assist the committee in its rules review functions.
(3) The committee may hire staff as needed to perform functions under this chapter.
[
1995 c 403 s 505
.]
NOTES:
Findings
—
Short title
—
Intent
—
1995 c 403:
See note following RCW 34.05.328
.
RCW 34.05.675
Inspection of properties
—
Oaths, subpoenas, witnesses, depositions.
In the discharge of any duty imposed under this chapter, the rules review committee may examine and inspect all properties, equipment, facilities, files, records, and accounts of any state office, department, institution, board, committee, commission, or agency, and administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the superior courts.
[
1995 c 403 s 506
.]
NOTES:
Findings
—
Short title
—
Intent
—
1995 c 403:
See note following RCW 34.05.328
.
RCW 34.05.681
Enforcement
—
Committee subpoena
—
Refusal to testify.
In case of the failure on the part of any person to comply with any subpoena issued in [on] behalf of the rules review committee, or on the refusal of any witness to testify to any matters regarding which he or she may be lawfully interrogated, it is the duty of the superior court of any county, or of the judge thereof, on application of the committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.
[
1995 c 403 s 507
.]
NOTES:
Findings
—
Short title
—
Intent
—
1995 c 403:
See note following RCW 34.05.328
.
RCW 34.05.900
Captions and headings.
Section captions and subchapter headings used in this chapter do not constitute any part of the law.
[
1988 c 288 s 703
.]
RCW 34.05.902
Effective date
—
Application
—
1988 c 288.
RCW 34.05.001
through
34.05.902
shall take effect on July 1, 1989, and shall apply to all rule-making actions and agency proceedings begun on or after that date. Rule-making actions or other agency proceedings begun before July 1, 1989, shall be completed under the applicable provisions of chapter
28B.19
or
34.04
RCW existing immediately before that date in the same manner as if they were not amended by chapter 288, Laws of 1988 or repealed by section 701 of chapter 288, Laws of 1988.
[
1988 c 288 s 705
.]
NOTES:
Recodification
—
Correction of statutory references
—
1988 c 288:
"Parts X through XV of this act shall constitute a new chapter in Title
34
RCW, and the sections amended or set forth in this act shall be recodified in the order they appear in this act. The code reviser shall correct all statutory references to these sections and to the repealed chapters
28B.19
and
34.04
RCW to reflect this recodification and repeal." [
1988 c 288 s 706
.]