Date of Adoption: February 24, 2004.
Purpose: To conform to recent case law.
Citation of Existing Rules Affected by this Order: Amending 1, WAC 390-37-041 Enforcement procedures -- Allegations to the attorney general's office and/or prosecuting attorneys.
Statutory Authority for Adoption: RCW 42.17.370(1).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: To conform to recent case law.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Immediately.
March 9, 2004
(2) After the allegations have been forwarded to the
commission,)) The commission staff may:
(a))) (1) Initiate an investigation;
(b))) (2) Submit a report to the commission that may
include a recommendation;
(c))) (3) Schedule the matter for an adjudicative
proceeding before the commission following investigation;
(d))) (4) Take any other steps consistent with the
agency's authority and resources.
[Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-041, filed 11/4/03, effective 12/5/03.]