Agency Rulemaking Petition - Washington

VERIFY THE AGENCY ROUTE BEFORE FILING

Washington's standard petition rules are in chapter 82-05 WAC, not chapter 1-21
WAC. Send the petition to the rules coordinator of the agency responsible for
administering the rule. Under WAC 82-05-030, submission occurs when the agency
receives the petition.

PETITION FOR ADOPTION, AMENDMENT, OR REPEAL OF A RULE

1. Filing Information

☐ I confirmed that this agency administers the rule or subject addressed by the petition.

☐ I checked the agency's current website and WAC chapter for an agency-specific procedure.

☐ I obtained the OFM standard petition form or confirmed this format supplies the
information required by WAC 82-05-020.

2. Petitioner

Petitioner's interest in the request:

[____________________________________________________________]

[____________________________________________________________]

3. Action Requested

☐ Adopt a new rule

☐ Amend an existing rule

☐ Repeal an existing rule

New Rule

Proposed subject or title: [________________________________]

Proposed text or description of provisions:

[____________________________________________________________]

[____________________________________________________________]

Amendment

Agency rule name: [________________________________]

Title and WAC number: [________________________________]

Current text at issue: [________________________________]

Proposed text or description of amendment:

[____________________________________________________________]

[____________________________________________________________]

Repeal

Agency rule name: [________________________________]

Title and WAC number: [________________________________]

Description of the effects of repeal:

[____________________________________________________________]

[____________________________________________________________]

WAC 82-05-020 permits a standard petition form or another format that provides the
required information. The proposal should contain enough information for the agency and
the public to understand it.

4. Rationale

Problem or need:

[____________________________________________________________]

[____________________________________________________________]

How the requested action addresses it:

[____________________________________________________________]

[____________________________________________________________]

People, entities, programs, or interests affected:

[____________________________________________________________]

Supporting facts and sources:

[____________________________________________________________]

Alternatives considered:

[____________________________________________________________]

5. Statutory Review Questions

For an amendment-or-repeal petition, RCW 34.05.330(4) encourages the petitioner to
address these concerns where relevant.

6. Agency Authority and Proposed Text

Statute administered by the agency: [________________________________]

Specific rulemaking delegation or authority: [________________________________]

Connection between that authority and this request:

[____________________________________________________________]

Proposed Rule Text or Redline

Use the agency's and Code Reviser's current drafting conventions.

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

☐ Complete proposed text attached as Exhibit [____].

☐ A description is used instead of full text as permitted by WAC 82-05-020.

7. Legislative-Intent or Adoption-Procedure Allegation

Complete this section carefully only for a petition to amend or repeal an existing rule.

☐ The petition alleges that the rule is not within the intent of the legislature.

Exact basis and authority:

[____________________________________________________________]

☐ The petition alleges that the rule was not adopted in accordance with all applicable
provisions of law.

Exact basis and authority:

[____________________________________________________________]

☐ Neither allegation is made.

A denied amendment-or-repeal petition can use the JARRC route identified in
RCW 34.05.330(2) only when the original petition made one of the specified allegations.
This template does not establish the separate filing procedure for that review.

8. Supporting Materials

☐ Current rule text and history

☐ Proposed text or redline

☐ Administered statute and delegation

☐ Technical data or studies

☐ Cost and benefit information

☐ Small-business information

☐ Federal, state, local, or tribal comparison

☐ Stakeholder statements

☐ Public records or agency materials

☐ Other: [________________________________]

9. Request

Petitioner requests that [AGENCY]:

1. Treat this submission as a petition under RCW 34.05.330 and chapter 82-05 WAC;

2. Acknowledge receipt and identify the agency contact;

3. No later than sixty days after receipt, either initiate rulemaking proceedings or deny the
   petition in writing;

4. If denying the petition, state the reasons, specifically address the concerns raised, and,
   where appropriate, identify alternative means by which the agency will address them; and

5. Send the written disposition to the petitioner at the contact information above.

Additional requested communication:

[____________________________________________________________]

10. Signature

I submit this petition based on the information and sources identified above.

Petitioner or authorized representative: [________________________________]

Signature: ________________________________________

Date: [__/__/____]

Organization and title: [________________________________]

Email and telephone: [________________________________]

11. Submission and Receipt Record

WAC 82-05-030 directs the petition to the rules coordinator of the agency responsible for
administering the rule and defines submission as agency receipt.

WAC 82-05-040 says the administering agency will acknowledge receipt within a reasonable
time and identify a contact person. No later than sixty days after receipt, the agency must
initiate rulemaking or deny the petition in writing with the required explanation.

12. Agency Disposition

☐ Rulemaking initiated

Agency notice or filing: [________________________________]

Date: [__/__/____]

☐ Petition denied in writing

Date: [__/__/____]

Reasons stated: [________________________________]

Concerns specifically addressed: [________________________________]

Alternative means identified, if appropriate: [________________________________]

☐ No disposition received by the calculated date

Follow-up taken: [________________________________]

13. Post-Denial Route Screen

Do not treat every denial alike.

Governor Appeal

RCW 34.05.330(3) permits a Governor appeal only when an agency denies a petition to
repeal or amend a rule. The petitioner must appeal within 30 days of the denial.

☐ This was a denied amendment-or-repeal petition.

☐ The 30-day date is [__/__/____].

☐ Current Governor submission instructions were verified at [________________________________].

☐ This was a denied petition to adopt a new rule; subsection (3) is not the stated route.

JARRC Review

RCW 34.05.330(2) identifies a JARRC route for a denied petition to repeal or amend a
rule when the original petition alleged that the rule was outside legislative intent or was
not adopted in accordance with applicable law.

☐ The original petition and denial satisfy those stated predicates.

☐ Current RCW 34.05.655 and JARRC filing instructions were separately reviewed.

☐ The original petition did not preserve this route.

Other Review

Judicial review, reconsideration, renewed petitions, legislative requests, and other remedies
require separate current-law analysis. This petition does not supply or preserve those routes
by itself.

14. Final Checklist

☐ Correct administering agency identified

☐ Current rules coordinator verified

☐ Agency-specific procedure checked

☐ Agency name and rationale included

☐ New-rule text or description included, if applicable

☐ Existing rule name, title, number, and amendment text or description included, if applicable

☐ Existing rule name, title, number, and effects of repeal included, if applicable

☐ Proposal is understandable to the agency and public

☐ Supporting authority and evidence attached

☐ Legislative-intent or adoption-procedure allegation intentionally selected or omitted

☐ Complete signed copy retained

☐ Agency receipt documented

☐ Sixty-day date calculated from receipt

☐ Post-denial route matched to petition type

Sources and Official Authority

• RCW 34.05.330 — Petition; agency action; appeal
• Chapter 82-05 WAC — Petitions for Rulemaking
• Washington State Register Rule-Making Help

Verification scope: The petition contents, submission route, receipt rule, acknowledgment,
60-day disposition, denial explanation, and limited Governor/JARRC predicates were checked
against current RCW 34.05.330 and WAC 82-05-020 through -040. Downstream agency
rulemaking, JARRC procedure, judicial review, and agency-specific requirements are not
presented as completed routes and must be researched separately.