RCW 15.66.053
Proceedings subject to administrative procedure act—Exemptions.
(1) All rule-making proceedings conducted under this chapter shall be in accordance with chapter 34.05 RCW.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the regulatory fairness act, and RCW 43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties.
(3) The director may adopt amendments to marketing orders without conducting a referendum if the amendments are adopted under the following criteria:
(a) The proposed amendments relate only to internal administration of a marketing order and are not subject to violation by a person;
(b) The proposed amendments adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington state agencies, if the material adopted or incorporated regulates the same activities as are authorized under the marketing order;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order;
(d) The content of the proposed amendments is explicitly and specifically dictated by statute.
A marketing order shall not be amended without a referendum to provide that a majority of the commodity commission members be appointed by the director.
[ 2002 c 313 § 43.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Structure Revised Code of Washington
Title 15 - Agriculture and Marketing
Chapter 15.66 - Washington State Agricultural Commodity Commissions.
15.66.015 - Regulating agricultural commodities—Existing comprehensive scheme.
15.66.017 - Regulating agricultural commodities—Laws applicable.
15.66.023 - Commission may establish foundation.
15.66.030 - Marketing orders authorized—Purposes.
15.66.040 - Prerequisites to marketing orders—Director's duties.
15.66.053 - Proceedings subject to administrative procedure act—Exemptions.
15.66.055 - Director's duties and responsibilities—Rules.
15.66.060 - Lists of affected parties—Notice—Use of lists.
15.66.070 - Petitions for marketing orders—Public hearing—Legal notice.
15.66.090 - After final decision—Assent of affected parties determined by referendum.
15.66.093 - Suspension of marketing order upon request of commodity commission.
15.66.100 - Contents of marketing order.
15.66.110 - Commodity commission—Composition—Terms.
15.66.120 - Commodity commission—Nominations—Elections—Vacancies.
15.66.140 - Commodity commission—Powers and duties.
15.66.141 - Commission's plans, programs, and projects—Director's approval required.
15.66.142 - Commission speaks for state—Director's oversight.
15.66.150 - Annual assessments—Rate—Collection.
15.66.153 - Promotional hosting expenditures—Rules.
15.66.157 - When commodity commission is terminated—Duties of affected commodity commission.
15.66.160 - Annual assessments—Disposition of revenue.
15.66.170 - Annual assessments—Payments—Civil action to enforce.
15.66.180 - Expenditure of funds collected.
15.66.190 - Official bonds required.
15.66.200 - Petition for modification or exemption—Hearing—Appeal from ruling.
15.66.210 - Unlawful acts—Penalties—Injunctions—Investigations.
15.66.220 - Compliance with chapter a defense in any action.
15.66.230 - Liability of commission, state, etc.
15.66.240 - Marketing agreements.
15.66.250 - Price fixing and product limiting prohibited.
15.66.260 - Costs of conducting nominations and elections—Reimbursement.
15.66.263 - Costs of implementing RCW 15.66.141.
15.66.270 - Exempt commissions—Marketing agreements and orders.
15.66.275 - Applicability of chapter to state agencies or other governmental units.