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should be amended or repealed?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)?