ATTORNEY GENERAL'S OFFICE
Filed June 12, 2006,
NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION
WASHINGTON ATTORNEY GENERAL
The Washington attorney general issues formal published
opinions in response to requests by the heads of state
agencies, state legislators, and county prosecuting attorneys.
When it appears that individuals outside the attorney
general's office have information or expertise that will
assist in the preparation of a particular opinion, a summary
of that opinion request will be published in the state
register. If you are interested in commenting on a request
listed in this volume of the register, you should notify the
attorney general's office of your interest by July 12, 2006.
This is not the due date by which comments must be received.
However, if you do not notify the attorney general's office of
your interest in commenting on an opinion request by this
date, the opinion may be issued before your comments have been
received. You may notify the attorney general's office of
your intention to comment by calling (360) 664-3027, or by
writing to the Solicitor General, Office of the Attorney
General, P.O. Box 40100, Olympia, WA 98504-0100. When you
notify the office of your intention to comment, you will be
provided with a copy of the opinion request in which you are
interested; information about the attorney general's opinion
process; information on how to submit your comments; and a due
date by which your comments must be received to ensure that
they are fully considered.
The attorney general's office seeks public input on the
following opinion request(s).
||Request by Jim Honeyford, et al.
||State Senator, 15th Legislative District
1. Is Ecology authorized to go beyond the conservancy
board record of decision and conduct an independent factual
investigation in regard to the application?
2. Does Ecology have the authority to reject a board
decision based on the findings of fact if the facts are
supported by evidence in the record of decision?
3. Is a board given deference in regard to its findings
of fact and interpretation of the laws?
4. Is a board required to follow Ecology's policies and
guidelines if those policies and guidelines have not been
adopted into rules or have not been adopted by the state
Legislature in statute?
5. Can Ecology's guidelines and policies that have not
been adopted into rule be applied to a board decision?
© Washington State Code Reviser's Office