Wash. Rev. Code » Title 34 · Chapter 34.05

Wash. Rev. Code § 34.05.322

Scope of rule-making authority

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For rules implementing statutes enacted after July 23, 1995, an agency may not rely solely on the section of law stating a statute's intent or purpose, or on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for its statutory authority to adopt the rule. An agency may use the statement of intent or purpose or the agency enabling provisions to interpret ambiguities in a statute's other provisions.
[ 1995 c 403 s 118.]

Notes:

Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2004–2022 · leading case: Association of Washington Business v. Department of Revenue
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Association of Washington Business v. Department of Revenue (2005) wash · cites it 2× “060(2) or by RCW 34.05.322, which applies the same proviso to rules based on statutes enacted after July 23, 1995.”
Brooke Howell v. Dep't of Soc. & Health Servs. (2019) washctapp “that it was the intent of the people through the initiative “to protect vulnerable elderly and people with disabilities by reinstating the requirement that all long-term care workers obtain criminal background checks and adequate training.”
Association of Washington Business v. Department of Revenue (2004) washctapp · cites it 2× “RCW 34.05.322. By its plain language, RCW 34.”
Point Allen Service Area v. WASH. STATE DOH (2005) washctapp “The department and local government shall conduct comprehensive and systematic evaluations to assess the adequacy and financial viability of public water systems. The department may impose permit conditions, requirements for system improvements, and compliance schedules in order…”
Garrison First Family Ltd. Partnership v. Department of Health (2005) washctapp “The department and local government shall conduct comprehensive and systematic evaluations to assess the adequacy and financial viability of public water systems. The department may impose permit conditions, requirements for system improvements, and compliance schedules in order…”
Twin Harbors Fish & Wildlife Advocacy, V State Fish & Wildlife (2022) washctapp “The APA provides the procedure for agency rulemaking, including prenotice inquiry (RCW 34.”
AWB v. State, Dept. of Revenue (2004) washctapp · cites it 2× “RCW 34.05.322. By its plain language, RCW 34.”
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