10-20-076

WSR 10-20-076

OFFICE OF THE GOVERNOR

[ Filed September 29, 2010, 11:31 a.m. ]

NOTICE OF APPEAL

RCW 34.05.330(3)

     Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:

     On September 17, 2010, the Governor's Office received an appeal from Dr. Bill Osmunson and Mr. James Deal relating to WAC 246-290-460 and WAC 246-290-220. His appeal was denied as untimely on September 22, 2010.

     DATE: September 22, 2010

Narda Pierce

General Counsel

to the Governor

September 22, 2010

Bill Osmunson, DDS, MPH

President, Washington Action for Safe Water

1418 112th Avenue, #200

Bellevue, WA 98004

Via email: [e-mail]

James Robert Deal

Attorney at Law

Vice President, Washington Action for Safe Water

Via email: [e-mail]

RE: Administrative Rule Appeal -- WAC 246-290-460 and WAC 246-290-220

Dear Dr. Osmunson and Mr. Deal:

Thank you for your Administrative Rule Appeal to the Governor dated September 13, 2010, and received September 17, 2010, concerning the above-referenced rule. This appeal was received by the Governor's Office 65 days after the statutory due date of July 14, 2010 (assuming the denial was issued on June 14 as stated in your appeal). Technically, under the Administrative Procedure Act, it is untimely and cannot be considered by the Governor.

Since your petition is untimely, the Governor lacks jurisdiction to either grant or deny it. Notwithstanding this, the Governor appreciates your expression of concerns about WAC 246-290-460 and WAC 246-290-220.

Sincerely,

Narda Pierce

General Counsel