reglab/housing_qa huggingface dataset:
WA Rev Code § 34.05.340 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.340 - Variance between proposed and final rule.

RCW 34.05.340 Variance between proposed and final rule.(1) Unless it complies with subsection (3) of this section, an agency may not adopt a rule that is substantially different from the rule proposed in the published notice of proposed rule adoption or a supplemental notice in the proceeding. If an agency contemplates making a substantial variance from a proposed rule described in a published notice, it may file a supplemental notice with the code reviser meeting the requirements of RCW 34.05.320 and reopen the proceedings for public comment on the proposed variance, or the agency may withdraw the proposed rule and commence a new rule-making proceeding to adopt a substantially different rule. If a new rule-making proceeding is commenced, relevant public comment received regarding the initial proposed rule shall be considered in the new proceeding.(2) The following factors shall be considered in determining whether an adopted rule is substantially different from the proposed rule on which it is based:(a) The extent to which a reasonable person affected by the adopted rule would have understood that the published proposed rule would affect his or her interests;(b) The extent to which the subject of the adopted rule or the issues determined in it are substantially different from the subject or issues involved in the published proposed rule; and(c) The extent to which the effects of the adopted rule differ from the effects of the published proposed rule.(3) If the agency, without filing a supplemental notice under subsection (1) of this section, adopts a rule that varies in content from the proposed rule, the general subject matter of the adopted rule must remain the same as the proposed rule. The agency shall briefly describe any changes, other than editing changes, and the principal reasons for adopting the changes. The brief description shall be filed with the code reviser together with the order of adoption for publication in the state register. Within sixty days of publication of the adopted rule in the state register, any interested person may petition the agency to amend any portion of the adopted rule that is substantially different from the proposed rule. The petition shall briefly demonstrate how the adopted rule is substantially different from the proposed rule and shall contain the text of the petitioner's proposed amendment. For purposes of the petition, an adopted rule is substantially different if the issues determined in the adopted rule differ from the issues determined in the proposed rule or the anticipated effects of the adopted rule differ from those of the proposed rule. If the petition meets the requirements of this subsection and RCW 34.05.330, the agency shall initiate rule-making proceedings upon the proposed amendments within the time provided in RCW 34.05.330.[ 1989 c 175 § 9; 1988 c 288 § 307.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.345 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.345 - Failure to give twenty days notice of intended action—Effect.

RCW 34.05.345 Failure to give twenty days notice of intended action—Effect.Except for emergency rules adopted under RCW 34.05.350, when twenty days notice of intended action to adopt, amend, or repeal a rule has not been published in the state register, as required by RCW 34.05.320, the code reviser shall not publish such rule and such rule shall not be effective for any purpose.[ 1988 c 288 § 308; 1967 c 237 § 4. Formerly RCW 34.04.027.]
WA Rev Code § 34.05.360 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.360 - Order adopting rule, contents.

RCW 34.05.360 Order adopting rule, contents.The order of adoption by which each rule is adopted by an agency shall contain all of the following:(1) The date the agency adopted the rule;(2) A concise statement of the purpose of the rule;(3) A reference to all rules repealed, amended, or suspended by the rule;(4) A reference to the specific statutory or other authority authorizing adoption of the rule;(5) Any findings required by any provision of law as a precondition to adoption or effectiveness of the rule; and(6) The effective date of the rule if other than that specified in RCW 34.05.380(2).[ 1988 c 288 § 311.]
WA Rev Code § 34.05.362 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.362 - Postadoption notice.

RCW 34.05.362 Postadoption notice.Either before or within two hundred days after the effective date of an adopted rule that imposes additional requirements on businesses the violation of which subjects the business to a penalty, assessment, or administrative sanction, an agency identified in RCW 34.05.220(6) shall notify businesses affected by the rule of the requirements of the rule and how to obtain technical assistance to comply. Notification must be provided by email, if possible, to every person identified to receive the postadoption notice under RCW 34.05.220(6).The notification must announce the rule change, briefly summarize the rule change, refer to appeal procedures under RCW 34.05.330, and include a contact for more information. Failure to notify a specific business under this section does not invalidate a rule or waive the requirement to comply with the rule. The requirements of this section do not apply to emergency rules adopted under RCW 34.05.350.[ 2003 c 246 § 3.]NOTES:Finding—2003 c 246: "The legislature finds that many businesses in the state are frustrated by the complexity of the regulatory system. The Washington Administrative Code containing agency rules now fills twelve volumes, and appears to be growing each year. While the vast majority of businesses make a good faith attempt to comply with applicable laws and rules, many find it extremely difficult to keep up with agencies' issuance of new rules and requirements. Therefore, state agencies are directed to make a good faith attempt to notify businesses affected by rule changes that may subject noncomplying businesses to penalties." [ 2003 c 246 § 1.]
WA Rev Code § 34.05.365 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.365 - Incorporation by reference.

RCW 34.05.365 Incorporation by reference.An agency may incorporate by reference and without publishing the incorporated matter in full, all or any part of a code, standard, rule, or regulation that has been adopted by an agency of the United States, of this state, or of another state, by a political subdivision of this state, or by a generally recognized organization or association if incorporation of the full text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in agency rules shall fully identify the incorporated matter. An agency may incorporate by reference such matter in its rules only if the agency, organization, or association originally issuing that matter makes copies readily available to the public. The incorporating agency shall have, maintain, and make available for public inspection a copy of the incorporated matter. The rule must state where copies of the incorporated matter are available.[ 1988 c 288 § 312.]
WA Rev Code § 34.05.370 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.370 - Rule-making file.

RCW 34.05.370 Rule-making file.(1) Each agency shall maintain an official rule-making file for each rule that it (a) proposes by publication in the state register, or (b) adopts. The file and materials incorporated by reference shall be available for public inspection.(2) The agency rule-making file shall contain all of the following:(a) A list of citations to all notices in the state register with respect to the rule or the proceeding upon which the rule is based;(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding on which the rule is based;(c) All written petitions, requests, submissions, and comments received by the agency and all other written material regarded by the agency as important to adoption of the rule or the proceeding on which the rule is based;(d) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them, and any memorandum prepared by a presiding official summarizing the contents of those presentations;(e) All petitions for exceptions to, amendment of, or repeal or suspension of, the rule;(f) Citations to data, factual information, studies, or reports on which the agency relies in the adoption of the rule, indicating where such data, factual information, studies, or reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rule-making file any data, factual information, studies, or reports gathered pursuant to chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;(g) The concise explanatory statement required by RCW 34.05.325(6); and(h) Any other material placed in the file by the agency.(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision.(4) Upon judicial review, the file required by this section constitutes the official agency rule-making file with respect to that rule. Unless otherwise required by another provision of law, the official agency rule-making file need not be the exclusive basis for agency action on that rule.[ 1998 c 280 § 7; 1996 c 102 § 2; 1995 c 403 § 801; 1994 c 249 § 2; 1988 c 288 § 313.]NOTES:Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See note following RCW 34.05.328.Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.Severability—Application—1994 c 249: See notes following RCW 34.05.310.
WA Rev Code § 34.05.375 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.375 - Substantial compliance with procedures.

RCW 34.05.375 Substantial compliance with procedures.No rule proposed after July 1, 1989, is valid unless it is adopted in substantial compliance with RCW 34.05.310 through 34.05.395. Inadvertent failure to mail notice of a proposed rule adoption to any person as required by RCW 34.05.320(3) does not invalidate a rule. No action based upon this section may be maintained to contest the validity of any rule unless it is commenced within two years after the effective date of the rule.[ 1988 c 288 § 314.]
WA Rev Code § 34.05.380 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.380 - Filing with code reviser—Written record—Effective dates.

RCW 34.05.380 Filing with code reviser—Written record—Effective dates.(1) Each agency shall file in the office of the code reviser a certified copy of all rules it adopts, except for rules contained in tariffs filed with or published by the Washington utilities and transportation commission. The code reviser shall place upon each rule a notation of the time and date of filing and shall keep a permanent written record of filed rules open to public inspection. In filing a rule, each agency shall use the standard form prescribed for this purpose by the code reviser.(2) Emergency rules adopted under RCW 34.05.350 become effective upon filing unless a later date is specified in the order of adoption. All other rules 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 order of adoption.(3) A rule may become effective immediately upon its filing with the code reviser or on any subsequent date earlier than that established by subsection (2) of this section, if the agency establishes that effective date in the adopting order and finds that:(a) Such action is required by the state or federal Constitution, a statute, or court order;(b) The rule only delays the effective date of another rule that is not yet effective; or(c) The earlier effective date is necessary because of imminent peril to the public health, safety, or welfare.The finding and a brief statement of the reasons therefor required by this subsection shall be made a part of the order adopting the rule.(4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable efforts to make the effective date known to persons who may be affected by it.[ 2007 c 456 § 5; 1989 c 175 § 11; 1988 c 288 § 315; 1987 c 505 § 17; 1980 c 87 § 11; 1959 c 234 § 4. Formerly RCW 34.04.040.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.385 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.385 - Rules for rule making.

RCW 34.05.385 Rules for rule making.The code reviser may adopt rules for carrying out the provisions of this chapter relating 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.[ 1988 c 288 § 316; 1967 c 237 § 13. Formerly RCW 34.04.055.]
WA Rev Code § 34.05.390 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.390 - Style, format, and numbering—Agency compliance.

RCW 34.05.390 Style, format, and numbering—Agency compliance.After the rules of an agency have been published by the code 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;(2) Any subsequent printing or reprinting of such rules shall be printed in the style and format (including the numbering system) of such code; and(3) Amendments of previously adopted rules shall incorporate any editorial corrections made by the code reviser.[ 1988 c 288 § 317; 1967 c 237 § 14. Formerly RCW 34.04.057.]
WA Rev Code § 34.05.395 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.395 - Format and style of amendatory and new sections—Failure to comply.

RCW 34.05.395 Format and style of amendatory and new sections—Failure to comply.(1) Rules proposed or adopted by an agency pursuant to this chapter that 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. A new section shall be designated "NEW SECTION" in upper case type and such designation shall be underlined, but the complete text of the section shall not be underlined. No rule may be forwarded by any agency to the code reviser, nor may the code reviser accept for filing any rule unless the format of such rule is 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 the register published pursuant to RCW 34.05.210(3), include 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 the agency in the style prescribed by subsection (1) of this section shall in all respects be ineffectual, and shall not 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 34.05.210.[ 1988 c 288 § 318; 1980 c 186 § 14; 1977 c 19 § 1. Formerly RCW 34.04.058.]NOTES:Severability—1980 c 186: See note following RCW 34.05.320.
WA Rev Code § 34.05.410 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.410 - Application of Part IV.

RCW 34.05.410 Application of Part IV.(1) Adjudicative proceedings are governed by RCW 34.05.413 through 34.05.476, except as otherwise provided:(a) By a rule that adopts the procedures for brief adjudicative proceedings in accordance with the standards provided in RCW 34.05.482 for those proceedings;(b) By RCW 34.05.479 pertaining to emergency adjudicative proceedings; or(c) By RCW 34.05.240 pertaining to declaratory proceedings.(2) RCW 34.05.410 through 34.05.494 do not apply to rule-making proceedings unless another statute expressly so requires.[ 1988 c 288 § 401.]
WA Rev Code § 34.05.413 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.413 - Commencement—When required.

RCW 34.05.413 Commencement—When required.(1) Within the scope of its authority, an agency may commence an adjudicative proceeding at any time with respect to a matter within the agency's jurisdiction.(2) When required by law or constitutional right, and upon the timely application of any person, an agency shall commence an adjudicative proceeding.(3) An agency may provide forms for and, by rule, may provide procedures for filing an application for an adjudicative proceeding. An agency may require by rule that an application be in writing and that it be filed at a specific address, in a specified manner, and within specified time limits. The agency shall allow at least twenty days to apply for an adjudicative proceeding from the time notice is given of the opportunity to file such an application.(4) If an agency is required to hold an adjudicative proceeding, an application for an agency to enter an order includes an application for the agency to conduct appropriate adjudicative proceedings, whether or not the applicant expressly requests those proceedings.(5) An adjudicative proceeding commences when the agency or a presiding officer notifies a party that a prehearing conference, hearing, or other stage of an adjudicative proceeding will be conducted.[ 1989 c 175 § 12; 1988 c 288 § 402.]NOTES:Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 34.05.416 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.416 - Decision not to conduct an adjudication.

RCW 34.05.416 Decision not to conduct an adjudication.If an agency decides not to conduct an adjudicative proceeding in response to an application, the agency shall furnish the applicant a copy of its decision in writing, with a brief statement of the agency's reasons and of any administrative review available to the applicant.[ 1988 c 288 § 403.]
WA Rev Code § 34.05.419 (2021)
2021 Revised Code of Washington|Title 34 - Administrative Law|Chapter 34.05 - Administrative Procedure Act.|34.05.419 - Agency action on applications for adjudication.

RCW 34.05.419 Agency action on applications for adjudication.After receipt of an application for an adjudicative proceeding, other than a declaratory order, an agency shall proceed as follows:(1) Except in situations governed by subsection (2) or (3) of this section, within ninety days after receipt of the application or of the response to a timely request made by the agency under subsection (2) of this section, the agency shall do one of the following:(a) Approve or deny the application, in whole or in part, on the basis of brief or emergency adjudicative proceedings, if those proceedings are available under this chapter for disposition of the matter;(b) Commence an adjudicative proceeding in accordance with this chapter; or(c) Dispose of the application in accordance with RCW 34.05.416;(2) Within thirty days after receipt of the application, the agency shall examine the application, notify the applicant of any obvious errors or omissions, request any additional information the agency wishes to obtain and is permitted by law to require, and notify the applicant of the name, mailing address, and telephone number of an office that may be contacted regarding the application;(3) If the application seeks relief that is not available when the application is filed but may be available in the future, the agency may proceed to make a determination of eligibility within the time limits provided in subsection (1) of this section. If the agency determines that the applicant is eligible, the agency shall maintain the application on the agency's list of eligible applicants as provided by law and, upon request, shall notify the applicant of the status of the application.[ 1988 c 288 § 404.]