(1) Each agency shall file in the
office of the code reviser a certified copy of all rules it
adopts, except for rules contained in tariffs filed with or
published by the Washington utilities and transportation
commission. The code reviser shall place upon each rule a
notation of the time and date of filing and shall keep a
permanent written record of filed rules open to public
inspection. In filing a rule, each agency shall use the standard
form prescribed for this purpose by the code reviser.
(2) Emergency rules adopted under RCW 34.05.350 become
effective upon filing unless a later date is specified in the
order of adoption. All other rules become effective upon the
expiration of thirty days after the date of filing, unless a
later date is required by statute or specified in the order of
adoption.
(3) A rule may become effective immediately upon its filing
with the code reviser or on any subsequent date earlier than that
established by subsection (2) of this section, if the agency
establishes that effective date in the adopting order and finds
that:
(a) Such action is required by the state or federal
Constitution, a statute, or court order;
(b) The rule only delays the effective date of another rule
that is not yet effective; or
(c) The earlier effective date is necessary because of
imminent peril to the public health, safety, or welfare.
The finding and a brief statement of the reasons therefor
required by this subsection shall be made a part of the order
adopting the rule.
(4) With respect to a rule made effective pursuant to
subsection (3) of this section, each agency shall make reasonable
efforts to make the effective date known to persons who may be
affected by it.
[2007 c 456 § 5; 1989 c 175 § 11; 1988 c 288 § 315; 1987 c 505 § 17; 1980 c 87 § 11; 1959 c 234 § 4. Formerly RCW 34.04.040.]
NOTES:
Effective date -- 1989 c 175: See note following RCW 34.05.010.