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Request for review of Administrative Rule

Any citizen may submit a petition to the Committee for review of a proposed or existing rule or an agency guideline

Where to submit a petition for review

Under RCW 34.05.655, any citizen may submit a petition to the Committee for review of a proposed or existing rule or an agency guideline. Petitions must be submitted to the Chair using one of the following methods:

Online form on this page below (preferred)

Email: JARRC_Petition@leg.wa.gov

Mail:
Joint Administrative Rules Review Committee
c/o Office of Program Research
P.O. Box 40600
Olympia, WA 98504

Please note that submitted forms, petitions, and any attachments will be considered public records and may be subject to disclosure pursuant to the Public Records Act (Chapter 42.56 RCW).

Online form

Fill out the applicable information and submit the form when complete.

To: Senator Bob Hasegawa

Your Name

Please provide your email and/or mailing address and phone number so the committee can contact you regarding the status of your petition.

Email:

Mailing address:

Phone number:

1. Specify agency, including division if appropriate, whose rules(s) are being questioned.

2. Specify the proposed rule, adopted rule, or agency policy the petition is challenging.

3. Cite the statute(s) upon which the agency relies as providing legal authority for adopting the rule, and the statute being implemented if different from the statute which the agency is relying on for its rulemaking authority.

4 A. Noncompliance with legislative intent. Describe as fully and succinctly as possible the reasons why it appears the rule(s) do not meet legislative intent. In deciding whether a rule is not within legislative intent, the Committee may only consider such factors as the reasonable meaning of the language in the statute, formal legislative history, and pertinent court decisions on the point. It cannot make a judgment as to whether the policy of the law is "good" or "bad." For that reason, if the key issue deals with policy, it may be referred to the appropriate standing committees; only they can determine whether the law should be changed.

4 B. Noncompliance with other statutory requirements for adoption.

(i) Regulatory Fairness Act (Chap. 19.85 RCW). If the objection concerns the possibility that the agency has not fully complied with the requirements of the Regulatory Fairness Act, describe the problem as fully as possible. JARRC's authorization does not include testing or validation of economic impact methodology. It is a procedural review to determine whether an agency has adequately examined the potential economic impact of a rule, or has followed the requirements for mitigation when necessary.

(ii) Significant legislative rule making analysis (RCW 34.05.328). If the objection concerns the possibility that the significant legislative rule making analysis was required but was not performed, describe why the rule in question fits the statutory definition of a significant legislative rule.

(iii) Any other statutory requirements for the adoption of a rule that were not met by the adopting agency. Cite the statute and why it applies to the adoption of the rule in question.

5. 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. It may not be filed for the purpose of determining noncompliance with legislative intent. Describe as fully and succinctly as possible the reasons why it appears that the agency's statement, guideline, or document being objected to is being used as a rule as defined in RCW 34.05.655.

6. Judicial Proceedings. Identify known judicial action regarding the rule or statutes cited in the petition.

7. Petition to Agency. If you contest an adopted rule, you must include a copy of the agency's denial of the petition to amend or repeal the rule. Directions for initiation of this process are found in RCW 34.05.330.

8. Wherever possible, identify the persons or organizations affected by the rule, and any other facts which might be helpful in understanding the issue.

Attach additional relevant documents, if needed.

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