Joint Administrative Rules Review Committee #
Membership and committee schedules, agendas, documents, and audio available on website.
“Review of proposed rules—Notice.
If the rules review committee finds by a majority vote of its members that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements, or that an agency may not be adopting a proposed rule in accordance with all applicable provisions of law, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall include a statement of the review committee’s findings and the reasons therefor. When the agency holds a hearing on the proposed rule, the agency shall consider the review committee’s decision” (RCW 34.05.620).
“Review of existing rules—Policy and interpretive statements, etc.—Notice—Hearing.
- “All rules required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject to selective review by the committee.
- “All agency policy and interpretive statements, guidelines, and documents that are of general applicability, or their equivalents, are subject to selective review by the committee to determine whether or not a statement, guideline, or document that is of general applicability, or its equivalent, is being used as a rule that has not been adopted in accordance with all applicable provisions of law.
- “If the rules review committee finds by a majority vote of its members: (a) That an existing rule is not within the intent of the legislature as expressed by the statute which the rule implements, (b) that the rule has not been adopted in accordance with all applicable provisions of law, or (c) that an agency is using a policy or interpretive statement in place of a rule, the agency affected shall be notified of such finding and the reasons therefor. Within thirty days of the receipt of the rules review committee’s notice, the agency shall file notice of a hearing on the rules review committee’s finding with the code reviser and mail notice to all persons who have made timely request of the agency for advance notice of its rule-making proceedings as provided in RCW 34.05.320. The agency’s notice shall include the rules review committee’s findings and reasons therefor, and shall be published in the Washington state register in accordance with the provisions of chapter 34.08 RCW.
- “The agency shall consider fully all written and oral submissions regarding (a) whether the rule in question is within the intent of the legislature as expressed by the statute which the rule implements, (b) whether the rule was adopted in accordance with all applicable provisions of law, and (c) whether the agency is using a policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, in place of a rule” (RCW 34.05.630).
“Committee objections to agency intended action—Statement in register and WAC—Suspension of rule.
- “Within seven days of an agency hearing held after notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency shall notify the committee of its intended action on a proposed or existing rule to which the committee objected or on a committee finding of the agency’s failure to adopt rules.
- “If the rules review committee finds by a majority vote of its members: (a) That the proposed or existing rule in question will not be modified, amended, withdrawn, or repealed by the agency so as to conform with the intent of the legislature, (b) that an existing rule was not adopted in accordance with all applicable provisions of law, or (c) that the agency will not replace the policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, with a rule, the rules review committee may, within thirty days from notification by the agency of its intended action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the agency by the rules review committee.
- “(a) If the rules review committee makes an adverse finding regarding an existing rule under subsection (2)(a) or (b) of this section, the committee may, by a majority vote of its members, recommend suspension of the rule. Within seven days of such vote the committee shall transmit to the appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the governor shall transmit to the committee, the code reviser, and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular legislative session.
- “(b) If the rules review committee makes an adverse finding regarding a policy or interpretive statement, guideline, or document that is of general applicability, or its equivalent, under subsection (2)(c) of this section, the committee may, by a majority vote of its members, advise the governor of its finding.
- “The code reviser shall publish transmittals from the rules review committee or the governor issued pursuant to subsection (2) or (3) of this section in the Washington state register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to the committee’s objection or recommended suspension and the governor’s action on it and to the issue of the Washington state register in which the full text thereof appears.
- “The reference shall be removed from a rule published in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the intent of the legislature or was adopted in accordance with all applicable laws, whichever was the objection of the rules review committee” (RCW 34.05.640).
“Recommendations by committee to legislature.
“The rules review committee may recommend to the legislature that the original enabling legislation serving as authority for the adoption of any rule reviewed by the committee be amended or repealed in such manner as the committee deems advisable” (RCW 34.05.650).
Complete Revised Code governing this committee is available in Part VI: Legislative Review.
Joint Legislative Audit & Review Committee #
Membership, reports, recommendations, and meeting information available on website.
“JLARC pursues its mission by conducting performance audits, program evaluations, sunset reviews, and other analyses” (committee website).
“Executive committee—Legislative auditor—Rules, subcommittees.
“The members of the joint committee shall form an executive committee consisting of one member from each of the four major political caucuses, which shall include a chair and a vice chair. The chair and vice chair shall serve for a period not to exceed two years. The chair and the vice chair may not be members of the same political party. The chair shall alternate between the members of the majority parties in the senate and the house of representatives.
“Subject to RCW 44.04.260, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the joint committee, as well as other duties delegated to it by the joint committee. The executive committee shall recommend applicants for the position of the legislative auditor to the membership of the joint committee. The legislative auditor shall be hired with the approval of a majority of the membership of the joint committee. Subject to RCW 44.04.260, the executive committee shall set the salary of the legislative auditor.
“The joint committee shall adopt rules and procedures for its orderly operation. The joint committee may create subcommittees to perform duties under this chapter” (RCW 44.28.060).
“The legislative auditor shall:
- “Establish and manage the office of the joint legislative audit and review committee to carry out the functions of this chapter;
- “Direct the audit and review functions described in this chapter and ensure that performance audits are performed in accordance with the “Government Auditing Standards” published by the comptroller general of the United States as applicable to the scope of the audit;
- “Make findings and recommendations to the joint committee and under its direction to the committees of the state legislature concerning the organization and operation of state agencies and the expenditure of state funds by units of local government;
- “Subject to RCW 44.04.260, in consultation with and with the approval of the executive committee, hire staff necessary to carry out the purposes of this chapter. Subject to RCW 44.04.260, employee salaries, other than the legislative auditor, shall be set by the legislative auditor with the approval of the executive committee;
- “Assist the several standing committees of the house and senate in consideration of legislation affecting state departments and their efficiency; appear before other legislative committees; and assist any other legislative committee upon instruction by the joint legislative audit and review committee;
- “Provide the legislature with information obtained under the direction of the joint legislative audit and review committee;
- “Maintain a record of all work performed by the legislative auditor under the direction of the joint legislative audit and review committee and keep and make available all documents, data, and reports submitted to the legislative auditor by any legislative committee” (RCW 44.28.065).
“Conduct of performance audits.
- “In conducting performance audits and other reviews, the legislative auditor shall work closely with the chairs and staff of standing committees of the senate and house of representatives, and may work in consultation with the state auditor and the director of financial management.
- “The legislative auditor may contract with and consult with public and private independent professional and technical experts as necessary in conducting the performance audits. The legislative auditor should also involve frontline employees and internal auditors in the performance audit process to the highest possible degree.
- “The legislative auditor shall work with the legislative evaluation and accountability program committee and the office of financial management to develop information system capabilities necessary for the performance audit requirements of this chapter.
- “The legislative auditor shall work with the legislative office of performance review and the office of financial management to facilitate the implementation of effective performance measures throughout state government. In agencies and programs where effective systems for performance measurement exist, the measurements incorporated into those systems should be a basis for performance audits conducted under this chapter” (RCW 44.28.071).
- “Subject to the requirements of the performance audit work plan approved by the joint committee under RCW 44.28.083, performance audits may, in addition to the determinations that may be made in such an audit as specified in RCW 44.28.005, include the following:
- “(a) An examination of the costs and benefits of agency programs, functions, and activities;
- “(b) Identification of viable alternatives for reducing costs or improving service delivery;
- “(c) Identification of gaps and overlaps in service delivery, along with corrective action; and
- “(d) Comparison with other states whose agencies perform similar functions, as well as their relative funding levels and performance.
- “As part of a performance audit, the legislative auditor may review the costs of programs recently implemented by the legislature to compare actual agency costs with the appropriations provided and the cost estimates that were included in the fiscal note for the program at the time the program was enacted” (RCW 44.28.075).
Complete Revised Code governing this committee is available here.
Joint Select Committee on Health Care Oversight #
Membership and meeting schedule, agendas, and documents available on website.
“The Committee must provide oversight between HCA, HBE, OIC, DOH, and DSHS. This oversight must include monitoring of each agency’s activities to ensure they are not duplicating their efforts and are working towards a goal of increased quality of service which will then lead to reduced costs to the health care consumer. The Committee must coordinate with the Research and Analysis Division of DSHS to monitor health care cost trends. The Committee must also, as necessary, propose legislation and budget recommendations to the Legislature” (SCR 8401 – 2013-14).