06-10-052

WSR 06-10-052

OFFICE OF THE GOVERNOR

[ Filed May 1, 2006, 2:40 p.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 April 7, 2006, the Governor received an appeal from E. A. Coffey of Arlington, Washington, relating to the Gambling Commission's denial of a petition to it to develop and adopt a new rule.

     DATE: April 28, 2006

Richard E. Mitchell

General Counsel to the Governor

OFFICE OF THE GOVERNOR

April 28, 2006

E. A. Coffey

Bingo & Casino Supplies

26018 25th Avenue NE

Arlington, WA 98223

Dear Ms. Coffey:

On January 24, 2006, the Gambling Commission (Commission) received a petition from you requesting the adoption of a rule, pursuant to Chapter 34.05.330 RCW. You petitioned the Commission to reinstate WAC 230-12-330 Availability of gambling equipment and related products and services -- Prices -- Contracts -- Discounts -- Restriction -- Exemptions, which had been repealed by the Commission on October 10, 2005.

On a 4-1 vote, the Commission heard and orally denied your petition at its March 6, 2006, meeting. The denial was followed up in writing by a letter to you on march 20, 2006, as required by RCW 34.05.330(1). That letter summarized the Commission's reasoning for its decision, as required by law, and provided you with appeal information.

The appeal information that the Commission provided to you is not accurate. An agency's denial of a petition to adopt a rule cannot be appealed under RCW 34.05.330 to the Governor. Any person may petition an agency to adopt, amend, or repeal a rule. However, only denials of petitions seeking amendment or repeal may be appealed to either the Joint Administrative Rules Committee of the Legislature, under RCW 34.05.330(2), or to the Governor, under RCW 34.05.330(3).

As there is no statutory authority to appeal an agency denial of a petition to adopt a rule under RCW 34.05.330(3), which is the nature of your pending petition, the Governor is without authority to review and/or act on your petition to her. Consequently, your petition can neither be rejected nor denied, as it cannot be considered due to lack of jurisdiction.

Richard E. Mitchell

General Counsel to the Governor