WSR 04-12-058

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed May 28, 2004, 1:34 p.m. ]

Date of Adoption: May 26 [27], 2004.

Purpose: The proposed amendment reinstates subsection (3) as a result of recent case law.

Citation of Existing Rules Affected by this Order: Amending WAC 390-37-030 Enforcement procedures -- Status of citizen complainant and others.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 04-08-086 on April 6, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

May 27, 2004

Vicki Rippie

Executive Director

OTS-7080.1


AMENDATORY SECTION(Amending WSR 03-22-065, filed 11/4/03, effective 12/5/03)

WAC 390-37-030   Enforcement procedures -- Citizen complaints filed with the commission.   (1) When a citizen complaint has been filed with the agency pursuant to WAC 390-37-040, neither the complainant nor any other person shall have special standing to participate or intervene in the investigation or consideration of the complaint by the commission. However, the staff shall give notice to the complainant of any open commission hearings on the matter and the complainant may be called as a witness in any enforcement hearing or investigative proceeding.

(2) The complainant or any other person may submit documentary evidence and/or written factual or legal statements to the staff at any time up to and including the fifth calendar day before the date of any enforcement hearing or proceeding.

(3) A person not satisfied with the dismissal of a complaint by the commission or its executive director may pursue an appropriate remedy under RCW 42.17.400(4).

[Statutory Authority: RCW 42.17.370. 03-22-065, 390-37-030, filed 11/4/03, effective 12/5/03; 02-23-001, 390-37-030, filed 11/6/02, effective 12/7/02. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), 390-37-030, filed 2/5/86; 84-12-017 (Order 84-03), 390-37-030, filed 5/25/84; Order 79, 390-37-030, filed 6/25/76.]

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