Director's office to seek expedited repeal of three trade-practice rules tied to 2019 court decision

Daniel told the caucus the director's office intends to seek expedited repeal of three trade-practice rules in WAC chapter 314 and explained the procedural timeline staff would follow if the board approves filing. "Under the procedure for expedited rulemaking found in RCW 34 0 5 3 53," he said, filing the CR105 would publish on March 18 and open a 45-day window for written objections; if none are filed the director's office would request CR103 approval in May and the repeal could take effect immediately.

Daniel said the three targeted rules are WAC 314-23-065 (definition of unfair trade practices), 314-23-080 (permitted volume discounts) and 314-23-085 (prohibited discounts), and that a 2019 court decision concluded those rules conflict with RCW 66.28.170. He noted the board previously chose not to appeal that decision and that agency resources and priorities delayed further action after 2019. "We don't think it's necessary to recreate the rule language or try and replace the rule language," he said, and previewed that he does not anticipate issues with the rulemaking.

Why it matters: repealing or revising rules that a court found conflicted with statute will align administrative rules with the court's interpretation of RCW 66.28.170 and could change how discounts and trade practices are regulated in practice. The caucus did not vote; staff will present the CR105 filing and the board will consider whether to approve it at the next day's board meeting.