August 28, 1997 NOTICE OF OPPORTUNITY TO COMMENT AND PARTICIPATE: REVIEW OF ADMINISTRATIVE AND PROCEDURAL RULES; POLICY STATEMENTS ON REGULATORY PROCESS AND ADR; REPEAL OF LIMOUSINE, TRACK SCALE, AND ECONOMIC STABILIZATION RULES RE: Review of SEPA, Public Access, and Procedural Rules Chapters 480-04, 480-09, and 480-11 WAC Review of Policy Statements on Regulatory Process and Alternate Dispute Resolution, Docket Nos. A-940351 and A-950243 Repeal of Chapters 480-35 (Limousines), 480-69 (Track Scales), and 480-150 (Economic Stabilization) Docket No. A-970591 TO INTERESTED PERSONS: The Commission conducts regular reviews of its rules in Chapters 480-04 and 480-09 WAC to improve the operation of the rules and to reflect recent legal and practical developments. In addition, Governor Locke has also asked agencies to review significant rules and apply a number of standards specified in Executive Order No. 97-02. In this proceeding, the Commission intends to address both goals. In addition, the Commission’s policy statements relating to regulatory process and to alternate dispute resolution should be reviewed in this process, as well. The policy statements are available on the Commission’s web site or may be obtained from the Commission via electronic mail or regular mail. Commission Staff is arranging opportunities for public comment and at least one workshop for further discussion before recommending specific language for changes. Any interested person is welcome to participate in identifying provisions for change and in finding appropriate language to express the changes. The Governor’s Executive Order requires agencies to review significant rules for compliance with the following standards. The Commission invites comments on possible changes in the chapters and policy statements under review that would increase compliance with these standards 1. Need. Is the rule necessary to comply with the statutes that authorize it? Is the rule obsolete, duplicative, or ambiguous to a degree that warrants repeal or revision? Have laws or other circumstances changed so that the rule should be amended or repealed? Is the rule necessary to protect or safeguard the health, welfare, or safety of Washington's citizens? 2. Effectiveness and Efficiency. Is the rule providing the results that it was originally designed to achieve in a reasonable manner? Are there regulatory alternatives or new technologies that could more effectively or efficiently achieve the same objectives? 3. Clarity. Is the rule written and organized in a clear and concise manner so that it can be readily understood by those to whom it applies? 4. Intent and Statutory Authority. Is the rule consistent with the legislative intent of the statutes that authorize it? Is the rule based upon sufficient statutory authority? Is there a need to develop a more specific legislative authorization in order to protect the health, safety, and welfare of Washington's citizens? 5. Coordination. Could additional consultation and coordination with other governmental jurisdictions and state agencies with similar regulatory authority eliminate or reduce duplication and inconsistency? Agencies should consult with and coordinate with other jurisdictions that have similar regulatory requirements when it is likely that coordination can reduce duplication and inconsistency. 6. Cost. Have qualitative and quantitative benefits of the rule been considered in relation to its cost? 7. Fairness. Does the rule result in equitable treatment of those required to comply with it? Should it be modified to eliminate or minimize any disproportionate impacts on the regulated community? Should it be strengthened to provide additional protection? Finally, the Commission will consider repealing chapters 480-35, 480-69, and 480-150, on the topics of limousines, track scales, and economic stabilization, respectively, and will review the policy statements. Comments on these topics are invited on the same schedule. NOTICE REGARDING PUBLISHED AND EXTENDED DATES. At the time the CR-101 was filed, the Commission established deadlines for receiving written comments (September 9) and for a workshop (September 16). Unavoidable delays in preparing and serving this notice require an extension of those times. Initial written comments will be accepted on or before September 9, 1997, but will also be accepted until September 22, 1997. Similarly, Commission Staff will be present at the time and place scheduled in the CR-101 for discussions regarding the subject of this notice, and all persons are welcome. A later session is also scheduled for October 2, 1997, following the deadline for written comments, which Commission Staff now anticipates will be the principal workshop. WRITTEN COMMENTS. Written comments are due in the Commission offices no later than September 22, 1997. Commenters are asked to provide an original plus ten copies of their comments, and to provide a copy in electronic form on a 3-1/2-inch IBM formatted diskette, in ASCII text or WordPerfect version 5.1, 6.0, or 6.1. Commission Staff will post on the Commission’s web site those comments that are provided in electronic format. The web site is . NOTICE OF WORKSHOP. The Commission has scheduled two workshops to discuss the administrative and procedural rules, the repeal of rules relating to limousines, track scales, and economic stabilization, and the policy statements. The first, as noticed in the CR-101 Preproposal Statement of Inquiry, will be held on September 16, 1997, beginning at 1:30 p.m., in Room 108 in the Commission’s headquarters office, 1300 S. Evergreen Park Drive S.W., Olympia, Washington. The second will be held on October 2, 1997, in Room 206 of the same building, beginning at 1:30 p.m. A limited number of telephone bridge line ports are available; reservations may be made by calling Shirley Burrell at (360) 664-1140 no later than 5 p.m. of the Monday preceding each session. ATTACHMENT; RESOURCES. Commission Staff has looked at possible changes to Chapter 480-09 WAC and prepared a discussion list of such changes. It is attached. It is not intended to be an exclusive list of matters to be addressed, and is offered for your comment and further suggestions. The policy statements are available on the Commission web site, as is a link to existing rule text. Comments received on diskette will be posted, as well as drafts when they become available. Your participation is welcomed via written comments and/or attendance at the workshop. Opportunity for further comment is anticipated; information will be posted on the web site. Sincerely, STEVE McLELLAN Secretary COMMISSION STAFF PROPOSAL OF ELEMENTS TO BE CONSIDERED FOR AMENDMENT IN CHAPTER 480-04 WAC, ACCESS TO INFORMATION, AND 480.09 WAC, PROCEDURAL RULES DOCKET NO. A-970591 Ch 480-04 WAC 480-04-030 Former district offices should be deleted, and the area code corrected. New phone system will mean number changes. 480-04-100 Changes in copying costs. Ch 480-09 WAC 480-09- 120(1)(a)( ii) The required format of submitted diskettes should be updated to current agency standard platform and format. 480-09-330(1)(b) Suggested change: Documents submitted in electronic form must comply with the following: diskettes shall be IBM/DOS formatted, text documents shall be submitted in a format compatible with ASCII text or WordPerfect 6.1, data documents must be submitted in a format compatible with Lotus 123, release 5, and any compression used must be compatible with and extractable by PKZIP 2.04g. 480-09--120(1)b Increase required number of copies for transportation matters. 480-09-340(2) Should compliance filings be filed under the original rather than new docket? 480-09-420(4) Increase the number of required copies of documents in transportation application matters to 6? If a pleading is made via FAX, it may be possible to follow up with the original ONLY, no need to submit an original +19. A charge for copying each fax filing should be considered. Notice of "Confidentiality Agreements" are distributed via e-mail, so only an original needs to be filed. Docket No. A-970591 Page 2 480-09-480 Should the rule regarding prefiling of depositions [WAC 480-09-480(6)(b)(ii)(B)] be strengthened? It now says that "the portions [of depositions] so proposed to be offered shall be distributed as other predistributed exhibits," but the documents are offered without having been predistributed. 480-09-500(2) Change the stated titles of the referenced positions from Directors of Transportation and Utilities to Director and Deputy Director of Regulatory Services. 480-09-520 Formal investigation and fact-finding -- should the Commission consider broadening the rule, per earlier industry request? Pursue if industry still interested. 480-09-610 Delete references to OAH, and update. 480-09-620 References to ICC should be stricken. 480-09-710 References to ICC should be stricken. Should requirements for "Notices of Appearance" be tightened to require attorneys and companies to file a notice of appearance if they are granted intervenor status at a hearing or at the first time they file on behalf of a client and to emphasize the need to file notices of withdrawal and appearance (to help keep service lists straight)?