Agenda Date: August 27, 1997
Item Number:

Docket:   A-971104
   
Company Names: Administrative - General

Staff:   Bob Wallis, Review Judge
   Jeffrey W. Showman, Policy

Recommendation

Adopt the attached proposed Plan for review of the Commission’s rules under 
Executive Order 97-02 and authorize the Secretary to submit it to the Governor’
s office.

Discussion

In March of 1997, the Governor issued Executive Order 97-02.  The order 
requires state agencies to begin a four year review of their significant 
rules.  The goal of the review is to ensure that agency rules meet the 
standards of need; effectiveness and efficiency; clarity; intent and statutory 
authority; coordination; cost; and fairness. Each agency’s Plan for 
accomplishing the review is to be submitted to the Governor’s office by 
September 1, 1997.

Attached is the staff proposal for the Commission Plan to fulfill the 
requirements of the executive order.  

Members of the Public commented in writing and at a Workshop held on August 12.

Two significant issues came out of that workshop.  Representatives of the 
telecommunications industry urged that the Commission begin reviewing chapter 
480-120 WAC this year rather than during 1999 as Commission Staff initially 
suggested. Because the industry is currently undergoing significant change, the 
Commission Staff recommends waiting until 1999 to do the bulk of the review.  
However, Commission Staff suggests working with industry representatives to 
identify sections of the WAC that are relatively noncontroversial and in 
relatively stable areas of regulation, and are thus suitable for earlier 
review.  

Second, commenters at the workshop suggested that the Commission identify rules 
that would automatically undergo periodic review.  Currently, the Commission 
reviews its administrative and procedural rules on a periodic basis.  
Commenters suggested no other specific rules that the Commission should 
automatically review.  After this four year review, Commission Staff recommends 
that the Commission ask the public periodically for recommendations of rules 
for review.  These requests would allow interested persons to suggest rules for 
review.

The draft Plan provides for a four year review of all the Commission’s rules, 
policy statements, and interpretive statements.  Commission Staff will review 
the rules by WAC chapter and utilize the Commission’s normal rule making 
process.

Public participation is encouraged.  The draft Plan provides opportunities for 
public involvement through workshops, written comments, and the Internet.

Commission Staff recommends that the Commission adopt the Plan as proposed and 
authorize the Secretary to submit it to the Governor’s office.