WSR 04-07-049

EMERGENCY RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed March 10, 2004, 3:21 p.m. ]

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Immediately.

March 9, 2004

Vicki Rippie

Executive Director


AMENDATORY SECTION(Amending WSR 03-22-065, filed 11/4/03)

WAC 390-37-041   Enforcement procedures -- Allegations submitted to the attorney general's office and/or prosecuting attorneys.   (((1))) When a person has notified the attorney general or prosecuting attorney under RCW 42.17.400(4) that there is reason to believe a violation of the sections of chapter 42.17 RCW enforced by the commission has occurred, ((the statutory time periods are tolled when)) and the attorney general or prosecutor forwards the complaint to the commission.

(((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; and/or

(((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.]

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