reglab/housing_qa huggingface dataset:
WA Rev Code § 34.05.040 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.040 - Operation of chapter if in conflict with federal law.

RCW 34.05.040 Operation of chapter if in conflict with federal law.If any part of this chapter is found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, the conflicting part of this chapter is inoperative solely to the extent of the 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.[ 1988 c 288 § 104; 1959 c 234 § 19. Formerly RCW 34.04.930.]
WA Rev Code § 34.05.050 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.050 - Waiver.

RCW 34.05.050 Waiver.Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this chapter.[ 1988 c 288 § 105.]
WA Rev Code § 34.05.060 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.060 - Informal settlements.

RCW 34.05.060 Informal settlements.Except to the extent precluded by another provision of law and subject to approval by agency order, informal settlement of matters that may make unnecessary more elaborate proceedings under this chapter is strongly encouraged. Agencies may establish by rule specific procedures for attempting and executing informal settlement of matters. This section does not require any party or other person to settle a matter.[ 1988 c 288 § 106.]
WA Rev Code § 34.05.070 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.070 - Conversion of proceedings.

RCW 34.05.070 Conversion of proceedings.(1) If it becomes apparent during the course of an adjudicative or rule-making proceeding undertaken pursuant to this chapter that another form of proceeding under this chapter is necessary, is in the public interest, or is more appropriate to resolve issues affecting the participants, on his or her own motion or on the motion of any party, the presiding officer or other official responsible for the original proceeding shall advise the parties of necessary steps for conversion and, if within the official's power, commence the new proceeding. If the agency refuses to convert to another proceeding, that decision is not subject to judicial review. Commencement of the new proceeding shall be accomplished pursuant to the procedural rules of the new proceeding, except that elements already performed need not be repeated.(2) If appropriate, a new proceeding may be commenced independently of the original proceeding or may replace the original proceeding.(3) Conversion to a replacement proceeding shall not be undertaken if the rights of any party will be substantially prejudiced.(4) To the extent feasible the record of the original proceeding shall be included in the record of a replacement proceeding.(5) The time of commencement of a replacement proceeding shall be considered to be the time of commencement of the original proceeding.[ 1988 c 288 § 107.]
WA Rev Code § 34.05.080 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.080 - Variation from time limits.

RCW 34.05.080 Variation from time limits.(1) An agency may modify time limits established in this chapter only as set forth in this section. An agency may not modify time limits relating to rule-making procedures or the time limits for filing a petition for judicial review specified in RCW 34.05.542.(2) The time limits set forth in this chapter may be modified by rule of the agency or by rule of the chief administrative law judge if:(a) The agency has an agency head composed of a body of individuals serving part time who do not regularly meet on a schedule that would allow compliance with the time limits of this chapter in the normal course of agency affairs;(b) The agency does not have a permanent staff to comply with the time limits set forth in this chapter without substantial loss of efficiency and economy; and(c) The rights of persons dealing with the agency are not substantially impaired.(3) The time limits set forth in this chapter may be modified by rule if the agency determines that the change is necessary to the performance of its statutory duties. Agency rule may provide for emergency variation when required in a specific case.(4) Time limits may be changed pursuant to RCW 34.05.040.(5) Time limits may be waived pursuant to RCW 34.05.050.(6) Any modification in the time limits set forth in this chapter shall be to new time limits that are reasonable under the specific circumstances.(7) In an adjudicative proceeding, any agency whose time limits vary from those set forth in this chapter shall provide reasonable and adequate notice of the pertinent time limits to persons affected. The notice may be given by the presiding or reviewing officer involved in the proceeding.(8) Two years after July 1, 1989, the chief administrative law judge shall cause a survey to be made of variations by agencies from the time limits set forth in this chapter, and shall submit a written report of the results of the survey to the office of the governor.[ 1989 c 175 § 3; 1988 c 288 § 108.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.090 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.090 - Forest practices board—Emergency rules.

RCW 34.05.090 Forest practices board—Emergency rules.Emergency rules adopted by the forest practices board pertaining to forest practices and the protection of aquatic resources are subject to this chapter to the extent provided in RCW 76.09.055.[ 1999 sp.s. c 4 § 202.]NOTES:Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: See note following RCW 76.09.055.Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
WA Rev Code § 34.05.100 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.100 - Respectful language.

RCW 34.05.100 Respectful language.(1) All agency orders creating new rules, or amending existing rules, shall be formulated in accordance with the requirements of RCW 44.04.280 regarding the use of respectful language.(2) No agency rule is invalid because it does not comply with this section.[ 2004 c 175 § 2.]
WA Rev Code § 34.05.120 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.120 - Extension of rights and responsibilities—State registered domestic partnerships.

RCW 34.05.120 Extension of rights and responsibilities—State registered domestic partnerships.(1) Subject to the availability of funds appropriated for this specific purpose, except where inconsistent with federal law or regulations applicable to federal benefit programs, agencies shall amend their rules to reflect the intent of the legislature to ensure that all privileges, immunities, rights, benefits, or responsibilities granted or imposed by statute to an individual because that individual is or was a spouse in a marital relationship are granted or imposed on equivalent terms to an individual because that individual is or was in a state registered domestic partnership.(2) Except where inconsistent with federal law or regulations applicable to federal benefit programs, all agency orders creating new rules, or amending existing rules, shall be formulated to reflect the intent stated in subsection (1) of this section.(3) No agency rule is invalid because it does not comply with this section.[ 2009 c 521 § 2.]
WA Rev Code § 34.05.220 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.220 - Rules for agency procedure—Indexes of opinions and statements.

RCW 34.05.220 Rules for agency procedure—Indexes of opinions and statements.(1) In addition to other rule-making requirements imposed by law:(a) Each agency may 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. If an agency has not adopted procedural rules under this section, the model rules adopted by the chief administrative law judge under RCW 34.05.250 govern procedures before the agency.(b) To assist interested persons dealing with it, each agency shall adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information and make submissions or requests. No person may be required to comply with agency procedure not adopted as a rule as herein required.(2) 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 adjudicative proceedings, interpretive statements, policy statements, and any digest or index to those orders, decisions, opinions, or statements prepared by or for the agency.(3) No agency order, decision, or opinion is valid or effective against any person, nor may it be invoked by the agency for any purpose, unless it is available for public inspection. This subsection is not applicable in favor of any person who has actual knowledge of the order, decision, or opinion. The agency has the burden of proving that knowledge, but may meet that burden by proving that the person has been properly served with a copy of the order.(4) Each agency that is authorized by law to exercise discretion in deciding individual cases is encouraged to formalize the general principles that may evolve from these decisions by adopting the principles as rules that the agency will follow until they are amended or repealed.(5) To the extent practicable, any rule proposed or adopted by an agency should be clearly and simply stated, so that it can be understood by those required to comply.(6) The departments of employment security, labor and industries, ecology, and revenue shall develop and use a notification process to communicate information to the public regarding the postadoption notice required by RCW 34.05.362.[ 2003 c 246 § 2; 1994 c 249 § 24; 1989 c 175 § 4; 1988 c 288 § 202; 1981 c 67 § 13; 1967 c 237 § 2; 1959 c 234 § 2. Formerly RCW 34.04.020.]NOTES:Finding—2003 c 246: See note following RCW 34.05.362.Severability—Application—1994 c 249: See notes following RCW 34.05.310.Effective date—1989 c 175: See note following RCW 34.05.010.Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
WA Rev Code § 34.05.230 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.230 - Interpretive and policy statements.

RCW 34.05.230 Interpretive and policy statements.(1) An agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform and involve the public, an agency is encouraged to convert long-standing interpretive and policy statements into rules.(2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.(3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency. Each agency shall update the roster periodically and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster. The agency may charge a nominal fee to the interested person for this service.(4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.[ 2004 c 31 § 3; 2001 c 25 § 1; 1997 c 409 § 202; 1996 c 206 § 12; 1995 c 403 § 702; 1988 c 288 § 203.]NOTES:Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.Findings—1996 c 206: See note following RCW 43.05.030.Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
WA Rev Code § 34.05.250 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.250 - Model rules of procedure.

RCW 34.05.250 Model rules of procedure.The chief administrative law judge shall adopt model rules of procedure appropriate for use by as many agencies as possible. The model rules shall deal with all general functions and duties performed in common by the various agencies. Each agency shall adopt as much of the model rules as is reasonable under its circumstances. Any agency adopting a rule of procedure that differs from the model rules shall include in the order of adoption a finding stating the reasons for variance.[ 1988 c 288 § 205.]
WA Rev Code § 34.05.260 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.260 - Electronic distribution.

RCW 34.05.260 Electronic distribution.(1) In order to provide the greatest possible access to agency documents to the most people, agencies are encouraged to make their rule, interpretive, and policy information available through electronic distribution as well as through the regular mail. Agencies that have the capacity to transmit electronically may ask persons who are on mailing lists or rosters for copies of interpretive statements, policy statements, preproposal statements of inquiry, and other similar notices whether they would like to receive the notices electronically.(2) Electronic distribution to persons who request it may substitute for mailed copies related to rule making or policy or interpretive statements. If a notice is distributed electronically, the agency is not required to transmit the actual notice form but must send all the information contained in the notice.(3) Agencies which maintain mailing lists or rosters for any notices relating to rule making or policy or interpretive statements may establish different rosters or lists by general subject area.[ 1997 c 126 § 1.]
WA Rev Code § 34.05.270 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.270 - Agency websites for rule-making information.

RCW 34.05.270 Agency websites for rule-making information.Within existing resources, each state agency shall maintain a website that contains the agency's rule-making information. A direct link to the agency's rule-making page must be displayed on the agency's homepage. The rule-making website shall include the complete text of all proposed rules, emergency rules, and permanent rules proposed or adopted within the past twelve months, or include a direct link to the index page on the Washington State Register website that contains links to the complete text of all proposed rules, emergency rules, and permanent rules proposed or adopted within the past twelve months by that state agency. For proposed rules, the time, date, and place for the rule-making hearing and the procedures and timelines for submitting written comments and supporting data must be posted on the website.[ 2009 c 93 § 1.]
WA Rev Code § 34.05.312 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.312 - Rules coordinator.

RCW 34.05.312 Rules coordinator.Each agency shall designate a rules coordinator, who shall have knowledge of the subjects of rules being proposed or prepared within the agency for proposal, maintain the records of any such action, and respond to public inquiries about possible, proposed, or adopted rules and the identity of agency personnel working, reviewing, or commenting on them. The office and mailing address of the rules coordinator shall be published in the state register at the time of designation and maintained thereafter on the code reviser website for the duration of the designation. The rules coordinator may be an employee of another agency.[ 2007 c 456 § 4; 2003 c 246 § 4; 1993 c 202 § 3.]NOTES:Finding—2003 c 246: See note following RCW 34.05.362.Finding—Intent—1993 c 202: See note following RCW 34.05.310.
WA Rev Code § 34.05.314 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.314 - Rules development agenda.

RCW 34.05.314 Rules development agenda.Each state agency shall prepare a semiannual agenda for rules under development. The agency shall file the agenda with the code reviser for publication in the state register not later than January 31st and July 31st of each year. Not later than three days after its publication in the state register, the agency shall send a copy of the agenda to each person who has requested receipt of a copy of the agenda. The agency shall also submit the agenda to the director of financial management, the rules review committee, and any other state agency that may reasonably be expected to have an interest in the subject of rules that will be developed.[ 1997 c 409 § 206.]NOTES:Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.
WA Rev Code § 34.05.315 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.315 - Rule-making docket.

RCW 34.05.315 Rule-making docket.(1) Each agency shall maintain a current public rule-making docket. The rule-making docket shall contain the information specified in subsection (3) of this section.(2) The rule-making docket shall contain a listing of each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced by publication of a notice of proposed rule adoption under RCW 34.05.320 until the proposed rule is withdrawn under RCW 34.05.335 or is adopted by the agency.(3) For each rule-making proceeding, the docket shall indicate all of the following:(a) The name and address of agency personnel responsible for the proposed rule;(b) The subject of the proposed rule;(c) A citation to all notices relating to the proceeding that have been published in the state register under RCW 34.05.320;(d) The place where written submissions about the proposed rule may be inspected;(e) The time during which written submissions will be accepted;(f) The current timetable established for the agency proceeding, including the time and place of any rule-making hearing, the date of the rule's adoption, filing, publication, and its effective date.[ 1989 c 175 § 6; 1988 c 288 § 302.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.322 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.322 - Scope of rule-making authority.

RCW 34.05.322 Scope of rule-making authority.For rules implementing statutes enacted after July 23, 1995, an agency may not rely solely on the section of law stating a statute's intent or purpose, or on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for its statutory authority to adopt the rule. An agency may use the statement of intent or purpose or the agency enabling provisions to interpret ambiguities in a statute's other provisions.[ 1995 c 403 § 118.]NOTES:Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
WA Rev Code § 34.05.335 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.335 - Withdrawal of proposal—Time and manner of adoption.

RCW 34.05.335 Withdrawal of proposal—Time and manner of adoption.(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 34.05.320.(2) Before adopting a rule, an agency shall consider the written and oral submissions, or any memorandum summarizing oral submissions.(3) Rules not adopted and filed with the code reviser within one hundred eighty days after publication of the text as last proposed in the register shall be regarded as withdrawn. An agency may not thereafter adopt the proposed rule without refiling it in accordance with RCW 34.05.320. The code reviser shall give notice of the withdrawal in the register.(4) An agency may not adopt a rule before the time established in the published notice, or such later time established on the record or by publication in the state register.[ 1989 c 175 § 8; 1988 c 288 § 306; 1980 c 186 § 11. Formerly RCW 34.04.048.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.Severability—1980 c 186: See note following RCW 34.05.320.