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Board authorizes expedited filing to repeal three trade-practice rules after 2019 court decision
Summary
The board approved filing a CR-105 to repeal three trade-practice WACs the agency says conflict with RCW 66.28.170 based on a 2019 court decision; the repeal would publish March 18 and could take effect after a 45-day objection period and board approval in May.
Daniel Jacobs of the Director’s Office asked the board to approve filing a CR-105 for expedited repeal of three trade-practice rules the agency says conflict with statute and a 2019 court decision. He said that if no written objections to expedited rulemaking are filed during the 45-day window after publication (March 18), staff will return at the May 6 meeting to request approval of the CR-103 to effect repeal.
Jacobs said the rules proposed for repeal are WAC 314-23-065 (definition of unfair trade practices), 314-23-080 (permitted volume discounts), and 314-23-085 (prohibited discounts). "The court found that language in these 3 rules is improper, in part because it conflicts with the statute in RCW 66.28.170," Jacobs told the board. He framed the filing as consistent with the court decision and agency practice.
A board member moved to approve the CR-105; the motion carried and Jacobs said the CR-105 would be published March 18, triggering the 45-day objection period. Jacobs also noted that if an objection is filed the agency would need to proceed by standard rulemaking (CR-101). The filing initiates repeal work but does not itself repeal the rules until the administrative steps are complete.
