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title-1•Title 1 WAC — Code Reviser, Office of the
Under RCW 43.21C.120 and the SEPA guidelines, chapter 197-11 WAC, the office of the code reviser has reviewed its authorized activities and has found them all to be exempt under chapter 197-11 WAC.
History
The purpose of this chapter is to ensure compliance by the statute law committee and the office of the code reviser with the provisions of chapter 42.56 RCW, the Public Records Act. The agency adopts these rules and regulations so as to provide fullest assistance to inquirers and full public access to the agency's public records while protecting those records from damage or disorganization, preventing excessive interference with other essential agency functions, and not unreasonably disrupting agency operations.
History
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means the committee, the code reviser, the office of the code reviser, and the staff and employees thereof.
(2) "Business days" are weekdays, Monday through Friday, excluding state legal holidays.
(3) "Code reviser" means the code reviser employed by the committee pursuant to RCW 1.08.011.
(4) "Committee" means the statute law committee created pursuant to chapter 1.08 RCW.
(5) "Public record" and "writing" have the meanings given in RCW 42.56.010.
(6) "Public Records Act" means chapter 42.56 RCW.
History
(1) The committee consists of eleven members. The committee employs a code reviser, who serves as its secretary, employs necessary staff for the office of the code reviser, and manages the daily operations of the office of the code reviser.
(2) Among the primary responsibilities of the agency is the duty to periodically codify, index, and publish the Revised Code of Washington and to revise, correct, and harmonize the statutes by means of administrative or suggested legislative action as may be appropriate. The agency is also the official bill drafting arm of the legislature and its various committees, and prepares for the legislature all bills, memorials, resolutions, amendments, and conference reports, which activities are pursued on a nonpartisan, professional, lawyer-client, confidential basis under RCW 1.08.027. The agency also produces the legislative digest and history of bills. Immediately following each session of the legislature, the committee indexes and publishes the session laws. The committee administers chapter 34.05 RCW, the Administrative Procedure Act, serving as official repository for the rules of the various state agencies and the institutions of higher education, and creating and publishing the Washington Administrative Code and the Washington State Register.
History
All public records of the agency are available for public inspection and copying pursuant to this chapter, except as otherwise provided by law.
History
The agency's public records are in the charge of the public records officer designated by the code reviser. The public records officer is responsible for the following: The implementation of the agency's rules and regulations regarding release of public records, coordinating the staff of the agency in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of the Public Records Act. The public records officer may be contacted as described in WAC 1-06-140.
History
Public records are available for inspection and copying by appointment only, as described in WAC 1-06-086. Appointments may only be scheduled during the customary office hours of the agency. For the purposes of this chapter, the customary office hours of the agency are from 8:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays.
History
All requests under the Public Records Act to inspect or copy public records of the agency must be written and directed to the agency public records officer at the email address, street address, or facsimile number set forth in WAC 1-06-140. Requests may also be physically delivered to the front desk of the office of the code reviser during normal business hours. Each request must include:
(1) The requestor's name, email address or street address, and telephone number;
(2) A request for identifiable public records; and
(3) An indication that the request is made pursuant to the Public Records Act.
History
(1) Generally. The agency will respond to public records requests in the manner prescribed by the Public Records Act.
(2) Priority of requests. The agency will generally handle requests in the order in which they are received. However, the agency will modify this approach, to the extent it deems necessary, to ensure that requests which seek larger volumes of records, require closer review, or are otherwise more complicated or time consuming, do not unreasonably delay simpler, more routine requests.
(3) Installments. The agency may provide records on an installment basis as provided in the Public Records Act. For purposes of WAC 1-06-084 through 1-06-090 each installment of records is treated as a separate public records request, unless otherwise specified.
(4) Customized electronic access. Where the agency deems it appropriate, the agency may choose to provide customized electronic access to public records. However, any requestor seeking such customized electronic access must pay, in advance, for agency staff time and any other direct costs related to providing such customized electronic access. Because the agency maintains electronic records in a very wide variety of formats, the viability of providing this service is evaluated on a case-by-case basis.
History
(1) Generally. Once records responsive to a request, or any installment thereof, have been located, assembled, reviewed, and prepared for release, and any affected third persons or agencies notified, the agency will promptly notify the requestor that those records are available for inspection or copying.
(2) Statement of copying, mailing, or other costs. The notice of availability will state any costs for obtaining a copy of the records, the costs for having a copy mailed to the requestor, and any other allowable costs under WAC 1-06-090 or the Public Records Act.
(3) Response to notice of availability. Upon receipt of a notice of availability, the requestor may inspect the records by:
(a) Scheduling a viewing appointment as provided under WAC 1-06-086;
(b) Requesting that a copy of the requested records be held for pickup at the agency office, subject to payment of any copying or other charges; or
(c) Requesting that a copy of the requested records be sent to the requestor, subject to payment of any copying or other charges.
(4) Failure to respond to notice of availability. If, within ten business days of issuance of a notice of availability, the requestor fails to claim the records, or any installment thereof, by either scheduling a viewing appointment or requesting copies and making any required payment, the agency may consider the request closed. In such case, the agency may cease locating, assembling, reviewing, or otherwise processing any remaining records, and it may dispose of any records made available as provided under WAC 1-06-095.
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(1) No fee. No fee is charged for inspecting records at the agency's office.
(2) By appointment only. In-office inspections are by appointment only. In-office inspections must be scheduled in advance by contacting the agency as provided in WAC 1-06-140.
(3) Protection of public records. Access to records during viewing appointments is restricted to the viewing area designated by the agency. No document may be physically removed by a member of the public from the viewing area for any reason whatsoever; nor may any member of the public who is viewing documents disassemble, deface, or cause the disorganization of any record for any reason whatsoever. An agency staff member may observe any inspection to ensure that records are not disorganized, defaced, or otherwise harmed. Records furnished must be returned in the same file sequence or organization as when furnished. Boisterous or otherwise disruptive conduct during viewing appointments is not permitted.
(4) Identification of records reviewed. At the end of each viewing appointment, the requestor shall identify to agency staff those records reviewed during the appointment. If any records remain to be reviewed, another viewing appointment must be scheduled at that time. Reviewed records, or remaining records for which no further viewing appointment has been scheduled, are subject to disposition as provided under WAC 1-06-095.
(5) Obtaining copies at viewing appointments. At the end of each viewing appointment, the requestor shall identify to agency staff any records he or she would like copied. Agency staff will arrange to provide such copies in as timely a manner as possible in view of all circumstances, including the volume of copies requested, any pending copying requests, time of day, staff resources, and any other relevant considerations. Records identified for copying during viewing appointments are subject to prepayment of any copying or other costs in accordance with WAC 1-06-090.
(6) Failure to attend a scheduled viewing appointment. A requestor who fails to attend a scheduled viewing appointment must call the agency within ten business days to reschedule the missed appointment. Unless otherwise permitted by the agency, a viewing appointment may not be rescheduled more than two times. If a requestor fails to reschedule a missed viewing appointment within ten business days or has already rescheduled the appointment two times, the agency may consider the request closed and may dispose of any records or copies made available in accordance with WAC 1-06-095.
History
(1) Copying facilities available. Subject to payment of copying and other charges, facilities will be made available to requestors for the copying of public records as set forth under WAC 1-06-086, except when and to the extent that this would unreasonably disrupt the operations of the agency.
(2) Copying costs. In accordance with RCW 42.56.070(7) and 42.56.120, the agency may charge fees for providing copies of public records. The agency has determined that calculating the actual costs for providing copies would be unduly burdensome. This determination is based on the large number of factors involved in calculating the actual cost and the frequency with which these factors change. The agency does not currently have accurate data regarding these factors, nor does it have the resources or appropriated funds to conduct an actual cost study. The agency cannot divert resources away from other critical agency programs in order to perform such a cost study. Additionally, such a study would likely need to be repeated on a regular basis. Therefore, the agency adopts the schedule of fees provided in RCW 42.56.120(2).
(3) Other costs. The agency may charge for nonpaper media (for example, without limitation, compact disks (CDs), digital versatile disks (DVDs), audiotape, or videotape) used to provide copies, packaging, postage, or other charges as allowed by law. Such charges will not exceed the amount necessary to reimburse the agency for actual costs.
(4) Deposits. The agency may require a ten percent deposit on copying or other charges. Any required deposit must be paid before the request is processed.
(5) Prepayment. The agency will not release any requested copies of public records unless and until the requestor has paid all copying and other charges. If payment is not received by the agency within fifteen business days of issuance of the agency's notice of availability, the agency may consider the request closed, and any records or copies responsive to such request are subject to disposition as provided under WAC 1-06-095.
(6) Waiver. The agency, in its sole discretion, may waive any fee assessed for providing copies of public records whenever the agency determines that collection of the fee would be contrary to the agency's mission or would not be in the public interest.
(7) Customized publications. The agency maintains a separate fee schedule for use with requests that seek creation of a customized publication or compilation. Because these requests seek creation of a new record, they are outside the scope of this chapter and chapter 42.56 RCW.
History
(1) Generally. Once the requestor has inspected or been provided with copies of the records made available in response to his or her request, that request is closed. However, with respect to any installment of records other than the final installment, the foregoing applies only to that installment and not the entire request, unless otherwise provided in this chapter.
(2) Other closing events. A request may also be closed:
(a) If a requestor does not respond to a request for clarification or otherwise fails to clarify within ten business days;
(b) If the requestor fails to make a required deposit or payment for requested copies as provided under WAC 1-06-090;
(c) If the requestor fails to respond to a notice of availability as provided under WAC 1-06-084;
(d) If all records identified in any notice of availability, including a notice with respect to an installment of records, have not been inspected, paid for, or picked up within fifteen business days of issuance of such notice of availability; or
(e) As otherwise provided by this chapter or by law.
(3) Disposition of records upon closing. Upon the closing of a request, originals of any records assembled in response to the request will be refiled, and any copies of records may be destroyed.
History
(1) Generally. Chapter 42.56 RCW, and other applicable law, provide that certain public records are exempt from public inspection and copying. For informational purposes only, the agency lists the following laws that are believed to exempt or prohibit disclosure of specific information or records of the agency:
(a) RCW 1.08.027 exempts or prohibits disclosure of certain records related to the bill drafting functions of the agency. This includes any file or writing in the office of the code reviser created in connection with a request for preparation of legislation or research thereon.
(b) RCW 5.60.060 (2)(a) exempts or prohibits disclosure of certain records relating to communication between an attorney and his or her client.
(c) RCW 44.68.060(2) may exempt or prohibit disclosure of certain records placed or maintained in the legislative service center by the agency. RCW 44.68.060(3) exempts or prohibits disclosure of certain bill drafting records placed or maintained in the legislative service center by the agency.
(2) Identification of exemptions. All denials of requests for public records will be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the records withheld.
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(1) Petition for review. Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review to the public records officer. The written request must specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.
(2) Response to petition. Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request will refer the request for review to the code reviser or his or her designee. The code reviser or designee will immediately consider the matter and either affirm or reverse such denial within two business days following receipt of the written request for review of the denial.
(3) Exhaustion of administrative remedies. Administrative remedies are not exhausted until the agency has returned the petition with a decision or until the close of the second full business day following receipt of the written request for review of the denial, whichever occurs first.
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(1) A chronological index is maintained providing identifying information as to all governmental records that are deemed by the agency to fall within the purview of RCW 42.56.070(5).
(2) The current index promulgated by the agency is available to all persons under the same rules and on the same conditions as are applied to public records available for inspection and copying.
History
The agency's public records officer may be contacted at the following mailing address, telephone number, or email address:
Public Records Officer
Office of the Code Reviser
P.O. Box 40551
Olympia, WA 98504-0551
Telephone: 360-786-6777
Facsimile: 360-786-1471
Email: CodeRev.WA@leg.wa.gov
The agency's website is at http://leg.wa.gov/CodeReviser/.
History
This chapter implements RCW 34.05.210 and 34.05.310 through 34.05.395, the provisions of the Administrative Procedure Act on agency rule making. It also implements chapter 34.08 RCW, the State Register Act. It replaces the former chapters 1-12 and 1-13 WAC on drafting and filing of notices and rules. It covers both institutions of higher education and all other administrative agencies, since chapter 34.05 RCW merged chapters 28B.19 and 34.04 RCW.
History
Agencies are encouraged to use the office of the code reviser's electronic filing system for the filing of documents to be published in the Washington State Register.
(1) To participate in electronic filing, agencies must first complete and submit a physical copy of the registration letter for electronic filing, which may be found at the office of the code reviser's website in the Washington State Register section (https://leg.wa.gov/state-laws-and-rules/washington-state-register/rule-making-help/rule-making-filing-instructions/). The agency must designate a contact person, phone number, and the email address to receive all official stamped filings returned by the office of the code reviser. Only one registration letter per agency.
(2) To file electronically, agencies must submit only Word documents (CR forms or agency typed documents) and .pdfs of rules text prepared by a typing service (provided by our office), if applicable, to EFileWSR@leg.wa.gov. Submit only one filing per email (one filing may have multiple attachments). Documents in alternative formats will not be accepted. Required signatures must be affixed to the Word documents where applicable. After submitting an email to the electronic filing system, an automatically generated reply is sent from the electronic filing system to confirm that the agency email was received. IMPORTANT: If the auto-generated reply is not received within a matter of minutes, contact the office of the code reviser immediately by phone to ascertain if the electronic filing system is not functioning properly. DO NOT resend your document(s) until instructed to do so by code reviser staff.
(3) To correct or withdraw submitted document(s) before that filing has been published, the agency must contact the office of the code reviser's editor or assistant editor immediately. IMPORTANT: Do not send regular correspondence or questions to the electronic filing email address. For corrections to electronic filings or withdrawals from publication, contact the office of the code reviser for guidance on how to proceed.
(4) Electronic filings must be received by the office of the code reviser by noon on the cut-off date for inclusion in a particular issue. Filings received at 12:01 p.m. or later on the date of cutoff will appear in the next issue and hearing and adoption dates may need to be delayed so the agency is in compliance with the Administrative Procedure Act.
(5) If the official stamped copy from the office of the code reviser is not returned to the agency by 9:00 a.m. on the day after submitting the document(s), contact the office of the code reviser by phone to inquire regarding the status of the submission.
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(1) To solicit comments from the public as required by RCW 34.05.310 on a subject of possible rule making, but before a formal notice is filed under RCW 34.05.320, an agency must complete and file with the office of the code reviser a CR-101 form (preproposal statement of inquiry). This requirement does not apply to all rule making. The exceptions are set forth in RCW 34.05.310(4).
(2) The text of the new rule is neither required nor recommended at this stage, but if text is submitted for filing, it must meet the form and style requirements of WAC 1-21-110 through 1-21-130.
(3) Submit the Word version electronically to EFileWSR@leg.wa.gov or submit the original, and a minimum of three hard copies, in person or by mail.
(4) The filing will appear in the Washington State Register in accordance with the schedule provided in WAC 1-21-040. Note that the CR-101 must be published at least thirty days before the CR-102 form (proposed rule making) may be filed.
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(1) Expedited rule making filed under RCW 34.05.353 includes both the expedited adoption of rules and the expedited repeal of rules.
(2) An agency must file notice for the expedited rule making with the office of the code reviser on a CR-105 form (expedited rule making). The agency must file the full text of a proposed new or amendatory rule, along with the CR-105 form. The text must meet the form and style requirements of WAC 1-21-110 through 1-21-130. The filing will appear in the Washington State Register in accordance with the schedule provided in WAC 1-21-040. The expedited rule making must be published in the Washington State Register at least forty-five days before the agency may file a CR-103P form (rule-making order).
(3) WAC sections proposed for expedited repeal must be listed by citation and caption only, either individually or by entire chapter.
(4) The agency must either file the expedited rule-making package (form and text) electronically and the office of the code reviser will forward a stamped electronic copy to the joint administrative rules review committee; or the agency may submit, in person or by mail, the original and six hard copies of the expedited rule-making package (form and text). The office of the code reviser will keep the original and two copies and return four stamped copies to the agency. The joint administrative rules review committee has requested that the agency submit three of these copies to the committee for purposes of legislative review. The agency should keep the remaining copy for its files.
History
(1) An agency must file a regular notice of proposed rule making under RCW 34.05.320 with the office of the code reviser on a CR-102 form (proposed rule making). The agency must file the full text of the proposed rule along with the notice form (RCW 34.08.020). This filing must be at least thirty days after the CR-101 form, if required, was published (RCW 34.05.310).
(2) The agency must either file the rule-making package electronically and the office of the code reviser will forward a stamped copy to the joint administrative rules review committee; or the agency may submit, in person or by mail, the original and six hard copies of the notice package (form and text). The office of the code reviser will keep the original and two copies and return four stamped copies to the agency. The joint administrative rules review committee has requested that the agency submit three of these copies to the committee for purposes of legislative review. The agency should keep the remaining copy for its files.
History
(1) Under RCW 34.05.320, notice of proposed rule making must be published in the Washington State Register at least 20 days before the agency may hold a hearing on the proposal. The Washington State Register is distributed on the first and third Wednesdays of each month. If a distribution date falls on a state holiday as determined by RCW 1.16.050, the distribution date of that Washington State Register will be delayed until Thursday.
(2) In counting the 20-day notice period, consider the distribution date of the pertinent Washington State Register as day 20; count down to day zero to find the first day on which a hearing may be held; cf. RCW 1.12.040 and State ex rel. Earley v. Batchelor, 15 Wn.2d 149 (1942).
(3) The office of the code reviser provides a schedule of closing dates online at https://leg.wa.gov/media/04cbinv3/closing-date-calendar.pdf; and on page 2 of each published Washington State Register. In case of a discrepancy between the WAC rules and the schedule, the rules have priority.
History
(1) The joint administrative rules review committee (JARRC) reviews all proposed, expedited (or withdrawals of either), and adopted (permanent and emergency) WAC rules.
(2) Electronically submitted Washington State Register filings are automatically forwarded to the JARRC by the office of the code reviser. Agencies that hand deliver or mail hard copy filings to the office of the code reviser must forward three copies of the stamped filing to JARRC.
History
(1) To permit sufficient lead time for the editorial, data capture, and printing process, material to be published in a particular issue of the Washington State Register must be received by the office of the code reviser via the electronic filing email with attachment(s) or be in the physical possession of and filed in the office of the code reviser according to the following schedule:
(a) If the material has been prepared and completed by the office of the code reviser's rule drafting service (RDS), by 12:00 noon on the 14th day before the distribution date of that issue of the Washington State Register; or
(b) If the material has been prepared by any means other than RDS and it contains:
(i) No more than 14 pages, by 12:00 noon on the 14th day before the distribution date of that Washington State Register; or
(ii) More than 14 but less than 34 pages, by 12:00 noon on the 28th day before the distribution date of that Washington State Register; or
(iii) Thirty-four or more pages, by 12:00 noon on the 42nd day before the distribution date of that Washington State Register.
(2) The office of the code reviser's filing forms will be included in this page count.
(3) The office of the code reviser provides a schedule of closing dates online at https://leg.wa.gov/media/04cbinv3/closing-date-calendar.pdf; and on page 2 of each published Washington State Register. In case of a discrepancy between the WAC rules and the schedule, the rules have priority.
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(1) Under RCW 34.05.325(5), an agency may continue a proceeding that has already started by establishing the later time and place on the record. No publication is required in the Washington State Register, but before filing the administrative order adopting the rule, the agency shall give notice of the continuance to the office of the code reviser on a CR-102 form. If no substantial change is made in the proposal, the continuance is not subject to the twenty-day publication requirement of RCW 34.05.320. Note that RCW 34.05.335(4) prohibits an agency from adopting a rule before the time established in the published notice.
(2) An agency may change the date or the location, or both, of a rule-making proceeding before the proceeding has begun if the agency gives adequate notice to the public through the same methods that were used for the original notice. Adequate notice for purposes of the Washington State Register consists of filing the continuance notice on a CR-102 form with the office of the code reviser in time for it to appear in a Washington State Register that will be distributed at least five days before the originally scheduled proceeding.
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(1) Under RCW 34.05.335, a proposed rule may be withdrawn any time before adoption. The agency must provide notice of withdrawal to the office of the code reviser by a letter or memorandum signed by the person who signed the original notice, or by that person's designee.
(2) The joint administrative rules review committee must receive a copy of the notice of withdrawal. If the agency provides an electronic copy of the notice of withdrawal to the office of the code reviser, then the office of the code reviser must forward an electronic copy of the notice of withdrawal to the joint administrative rules review committee. However, if the agency provides a hard copy of the notice of withdrawal to the office of the code reviser, then the agency must also submit three hard copies of the notice of withdrawal to the joint administrative rules review committee.
History
(1) The permanent rule making must be submitted on a CR-103P form or an emergency rule on a CR-103E form provided by the office of the code reviser or, if required by agency practice, on an agency form that provides the information required by RCW 34.05.360.
(2) The agency may either file the permanent or emergency package electronically and the office of the code reviser will forward a stamped electronic copy to the joint administrative rules review committee; or the agency may submit, in person or by mail, the original and six hard copies of the permanent or emergency package (form and text). The joint administrative rules review committee has requested that the agency submit three of these copies to the committee for purposes of legislative review. The agency should keep the remaining copy for its files.
History
Under RCW 34.05.312, each agency must designate a rules coordinator. The agency and mailing address of the rules coordinator must be submitted for publication in the Washington State Register at the time of designation and maintained thereafter on the office of the code reviser's website for the duration of the designation. To submit a new designation or make changes to an existing designation, send a Word document (preferably on the agency letterhead) to the electronic filing system or send the original and three copies to the office of the code reviser. An agency may use the template found on the office of the code reviser's website at https://leg.wa.gov/state-laws-and-rules/washington-state-register/rule-making-help/forms-and-templates/.
History
Under RCW 42.56.580, each state and local agency must appoint and publicly identify a public records officer.
For state agencies, the name and contact information of the agency's public records officer must be published in the Washington State Register at the time of designation and maintained thereafter on the office of the code reviser's website for the duration of the designation. To submit a new designation or make changes to an existing designation, send a Word document (preferably on the agency letterhead) to the electronic filing system or send the original and three copies to the office of the code reviser. An agency may use the template found on the office of the code reviser's website at https://leg.wa.gov/state-laws-and-rules/washington-state-register/rule-making-help/forms-and-templates/.
Local agencies are not required to publish their designations in the Washington State Register.
History
(1)(a) Under RCW 42.30.075, state agencies that hold regular meetings must file with the office of the code reviser a schedule of the time and place of the public meetings on or before January 1st of each year for publication in the Washington State Register. To submit a public meetings notice, send a Word document (preferably on the agency letterhead) to the electronic filing system or send the original and three copies to the office of the code reviser. An agency may use the template found on the office of the code reviser's website at https://leg.wa.gov/state-laws-and-rules/washington-state-register/rule-making-help/forms-and-templates/.
(b) Notice of any change to a public meetings schedule must be published in the Washington State Register for distribution at least 20 days prior to the rescheduled meeting date. To submit a change to a public meetings notice already published, send a Word document (preferably on the agency letterhead) to the electronic filing system or send the original and three copies to the office of the code reviser. An agency may use the template found on the office of the code reviser's website at https://leg.wa.gov/state-laws-and-rules/washington-state-register/rule-making-help/forms-and-templates/.
(2) Agendas of public meetings are not published in the Washington State Register.
(3) Special meetings are not required to be published in the Washington State Register. For information on special meetings, see RCW 42.30.080.
(4) Local agencies are not required to publish their meetings in the Washington State Register.
History
Under RCW 34.05.230(4), whenever an agency issues an interpretive or policy statement, the agency must submit to the office of 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. To submit a summary of an interpretive or policy statement, send a Word document (preferably on the agency letterhead) to the electronic filing system or send the original and three copies to the office of the code reviser.
History
Under RCW 34.05.314, each state agency must prepare a semiannual agenda for rules under development. The agency must file the agenda with the office of the code reviser for publication in the Washington State Register by January 31st and July 31st of each year. To submit a rules development agenda, send a Word document (preferably on the agency letterhead) to the electronic filing system or send the original and three hard copies to the office of the code reviser. The agency must also submit the agenda to the director of financial management, the joint administrative 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.
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(1) The primary division of the Washington Administrative Code (WAC) is the Title. The office of the code reviser assigns each agency a title number, which usually is in alphabetical order. A newly created agency shall apply to the office of the code reviser for assignment of a title number. If an agency's name is changed, the title number stays the same. The list of titles is published in volume 1 of the WAC.
(2) Each title is divided into chapters, which are the major subject matter divisions of the agency's title.
(3) Each chapter is divided into sections, which are the individual rules and are the smallest unit that can be amended. The agency shall place a short caption on each section to describe its contents. Sections should be as short as reasonably possible to facilitate finding an individual rule and amending it in the future.
(4) The WAC citation number is a composite of these three divisions:
| WAC 16-12-830 | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Washington Administrative Code | |||||||||||
| Title 16 Department of Agriculture | |||||||||||
| Chapter 12 Meat Inspection | |||||||||||
| Section 830 Labels approved by department |
History
(1) WAC numbers are permanent and may not be changed by the use of addition and deletion marks used for text amendments. If an agency wishes to recodify its permanent rules, it should consult with the office of the code reviser for the method to be used.
(2) WAC numbers previously assigned to repealed sections or chapters may not be reused to designate other sections or chapters. The numbers of the repealed rules are shown in a disposition table prepared by the office of the code reviser and published with the appropriate chapter or title.
History
All tables, charts, maps, and other material that are rules under RCW 34.05.010 must be either part of another rule or be assigned WAC numbers and adopted as individual sections. The latter method is preferred, and it simplifies future amendment.
History
(1) Designate each amendatory section with the heading "amendatory section" followed by a reference to the WSR number or agency order number and the filing date of the latest permanent order affecting that section. Show amendments to the text in terms of the latest permanent version of the section that has been filed with the code reviser.
(2) If a section to be amended has been exempted from publication under RCW 34.05.210 and is not published in the WAC, in later orders amending or repealing the section refer to it by the original agency order and section number or other appropriate description.
History
Since RCW 34.05.395 requires the use of the legislature's bill-drafting style to show amendments in previously adopted rules, underlined text may be used only to show new material added to an existing section. Underlining may not be used for emphasis, as it would not permit codification of the section in the usual manner. Italics or boldface may be used for emphasis. Consult with the office of the code reviser if in doubt as to the proper method for indicating these styles.
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(1) All material must be submitted in a minimum of ten point type and using recommended accessible font, such as Times New Roman, Verdana, Arial, Tahoma, Helvetica, or Calibri fonts. If needed, eight point type is acceptable for tables. Tables must not exceed regular page width and landscape tables must be published as an image.
(2) Excessive use of emphasis is not recommended. Avoid unnecessary bold, italics, and all caps. Underscore is only used to indicate the addition of new material when amending existing agency rules and may not be used for emphasis. Color may not be used for emphasis.
(3) Lower case the names of state agencies, divisions, commissions, committees, etc.
(4) Do not underscore web and email addresses. Neither of these types of addresses will appear as hyperlinks in the published products.
(5) The document(s) should be free of track changes, background images, or watermarks.
(6) For filings other than CR forms, leave the bottom right corner of the first page vacant for the placement of the office of the code reviser's stamp.
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To repeal one or more current sections, list them individually by citation and caption under a heading of "repealer." An entire chapter may be repealed section by section or as one complete unit. The first method preserves the unrepealed section numbers for future use, while the second method eliminates the entire chapter number from future use.
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When an agency is required under RCW 34.05.630 to review permanent or emergency rules previously adopted, the agency must file notice of the review with the code reviser on a CR-104 form (review of previously adopted rules). The agency must file the notice of review electronically at EFileWSR@leg.wa.gov or submit the original and six hard copies of the notice of review to the office of the code reviser. Four copies will be returned to the agency, three of which must be delivered to the joint administrative rules review committee. The notice is subject to the twenty-day requirement of RCW 34.05.320. The text of the rule under review is not needed with this notice.
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Agency rules that are likely to be omitted from WAC publication by the office of the code reviser under the authority of RCW 34.05.210 may, upon application by the agency to the office of the code reviser for an exemption, be exempted by the office of the code reviser from the form and style requirements of this chapter, other than requirements that are imposed by statute. An application for exemption must be made by the agency and approved by the office of the code reviser before filing the rules.
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The office of the code reviser is open for the filing of agency rule-making notices and orders from 8:00 a.m. to 4:00 p.m., Monday through Friday, except legal holidays.
An electronic filing system is available to all state agencies seven days a week, twenty-four hours per day. Each state agency must submit a registration letter before using this system.
The office of the code reviser delegates to the Washington state patrol the authority to accept at other times the filing of orders adopting, amending, or repealing rules when the nature of the order requires their immediate filing and/or effectiveness. To use this service, the agency may telephone the Washington state patrol communications center at 360-586-1999. When your call is answered, request a zone 4 trooper and arrange for receipt of the filing(s). The agency shall give the original and three copies of each filing to the trooper. The trooper shall mark each copy with the trooper's name, badge number, date, and time and arrange for all of the copies to be delivered to the office of the code reviser as early as possible on the next business day. The agency filing the rules with the state patrol shall notify the office of the code reviser of the filing by 9:00 a.m. on the next business day after filing and arrange to receive the stamped copies.
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Agencies may obtain the following official forms from the office of the code reviser upon request:
(1) Form CR-101 Preproposal statement of inquiry;
(2) Form CR-102 Proposed rule making;
(3) Form CR-103P Rule-making order (permanent);
(4) Form CR-103E Rule-making order (emergency);
(5) Form CR-104 Review of previously adopted rules; and
(6) Form CR-105 Expedited rule making.
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To implement RCW 1.08.112, agencies shall supply the information required by RCW 1.08.112 (1)(a) through (f) and (i) by completing the appropriate parts of the CR-103 form. Agencies shall report information required by RCW 1.08.112 (1)(g) and (h) by a memorandum on agency letterhead to the office of the code reviser.
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