WSR 03-13-105

EXPEDITED RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed June 17, 2003, 1:41 p.m. ]

Title of Rule: Amending WAC 390-37-063 Enforcement procedures -- Demand for information -- Subpoenas and 390-37-134 Depositions and interrogatories -- Notice.

Purpose: Incorporate minor changes to update enforcement procedures with current Administrative Procedure Act.

Statutory Authority for Adoption: RCW 42.17.370.

Statute Being Implemented: Chapter 42.17 RCW.

Summary: The amendments correct a statutory citation and for ease of reference provides a cross-reference to another (the Public Disclosure Commission (PDC)) subpoena rule, corrects the hearing term to the statutory term, and corrects the reference from hearing officer (administrative law judge) to presiding officer.

Reasons Supporting Proposal: To update the PDC enforcement rules with the current provisions of the Administrative Procedure Act.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, (360) 664-8853.

Name of Proponent: Public Disclosure Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule amendments correct a citation, cross-references a PDC subpoena rule and changes terminology to conform to current APA language. There are no substantive changes to the existing rules.

Proposal Changes the Following Existing Rules: Updates language and corrects citations.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Douglas Ellis, Public Disclosure Commission, 711 Capitol Way, Room 206, Olympia, WA 98504 , AND RECEIVED BY August 18, 2003.


June 17, 2003

Vicki Rippie

Executive Director


AMENDATORY SECTION(Amending WSR 93-24-003, filed 11/18/93)

WAC 390-37-063   Enforcement procedures -- Demand for information -- Subpoenas.   (1) During the course of an audit or an investigation, the executive director may issue a subpoena directed to any person who probably possesses information which is relevant and material to the audit or the investigation. The subpoena shall

(a) Specifically describe the information which is sought, and

(b) Set forth a reasonable time and place for the production of the information, and

(c) Notify the person that if the information is not produced, the executive director will apply to the superior court for an appropriate order or other remedy. The subpoena may be personally delivered or sent by certified mail, return receipt requested.

(2) The commission may issue a subpoena under RCW ((42.17.370(5))) 42.17.370(6) and WAC 390-37-120 to compel persons to appear and give testimony and may require the production of any books, papers, correspondence, memorandums or other documents which the commission deems relevant and material.

[Statutory Authority: RCW 42.17.370. 93-24-003, 390-37-063, filed 11/18/93, effective 12/19/93. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-37-063, filed 2/5/86; 82-02-007 (Order 81-04), 390-37-063, filed 12/28/81.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 91-16-072, filed 8/2/91)

WAC 390-37-134   Depositions and interrogatories in enforcement hearings (adjudicative proceedings) -- Protection of parties and deponents.   After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the commission or ((its designated hearing)) the presiding officer in a prehearing conference may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or the commission may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. At any time during the taking of the deposition, on motion of any party or the deponent, and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the commission or ((its designated hearing)) the presiding officer in a prehearing conference may order the officer conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of the taking of the deposition as above provided. If the order made terminates the examination, it shall be resumed only upon the order of the agency. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.

[Statutory Authority: RCW 42.17.370. 91-16-072, 390-37-134, filed 8/2/91, effective 9/2/91.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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Register

Washington State Code Reviser's Office