WSR 05-04-038

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed January 27, 2005, 1:31 p.m. , effective February 27, 2005 ]


Purpose: To clarify that those persons who, after one nonfiling occasion, again fail to file required reports will automatically be scheduled before the full commission for enforcement action.

Citation of Existing Rules Affected by this Order: Amending WAC 390-37-160, 390-37-165, 390-37-170, and 390-37-175.

Statutory Authority for Adoption: RCW 42.17.370.

Adopted under notice filed as WSR 05-01-028 on December 3, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

Date Adopted: January 25, 2005.

Vicki Rippie

Executive Director


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

WAC 390-37-160   Statement of financial affairs (F-1) penalty schedule.  


Status 1st Occasion 2nd Occasion 3rd Occasion 4th Occasion
Failed to file report by date of enforcement hearing. $150 $300 $500 Full commission consideration
Filed report after hearing notice but before enforcement hearing. Did not pay settlement amount. $100 $200 $400 Full commission consideration
Filed report after hearing notice but before enforcement hearing. Provided written explanation or appeared at the hearing to explain mitigating circumstances. Did not pay settlement amount. $0 - $100 $100 - $200 $200 - $400 Full commission consideration

Provisos:

(1) The presiding officer has authority to suspend all or a portion of relevant penalty under the conditions to be determined by that officer.

(2) If on the 3rd occasion, a filer has outstanding penalties or judgments, the matter will be taken to the full commission for consideration.

(3) The presiding officer may direct a matter to the full commission if the officer believes five hundred dollars would be an insufficient penalty or the matter warrants consideration by the full commission.

(4) If previously imposed penalties remain unpaid and exceed the amount this penalty schedule would otherwise prescribe for the current violation, the presiding officer may impose a penalty not to exceed the amount of the outstanding penalty, up to five hundred dollars.

(5) "Occasion" means established violation. At the 4th occasion, among other factors, the commission may consider if any prior violations and penalties were stipulated to by the respondent, in determining the amount of the penalty.

(6) Cases will automatically be scheduled before the full Commission for an enforcement action when the person:

(a) was found in violation during a previous reporting period,

(b) the violation remains in effect following any appeals, and

(c) the person has not filed the disclosure forms that were the subject of the prior violation at the time the current hearing notice is being sent.

[Statutory Authority: RCW 42.17.370. 03-22-065, 390-37-160, filed 11/4/03, effective 12/5/03.]


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

WAC 390-37-165   Candidate registration statement (C-1)/candidate statement of financial affairs (F-1) penalty schedule.  


Status 1st Occasion 2nd Occasion 3rd Occasion 4th Occasion
Failed to file F-1 and/or C-1 by date of enforcement hearing. $150 per report $300 per report,

up to $500

Full commission consideration Full commission consideration
Filed reports after hearing notice but before enforcement hearing. Did not pay settlement amount. $100 per report $200 per report $400 Full commission consideration
Filed report after hearing notice but before enforcement hearing. Provided written explanation or appeared at the hearing to explain mitigating circumstances. Did not pay settlement amount. $0 - $100 per report $100 - $200 per report $200 - $400 Full commission consideration

Provisos:

(1) The presiding officer has authority to suspend all or a portion of relevant penalty under the conditions to be determined by that officer.

(2) If on the 3rd occasion, a filer has outstanding penalties or judgments, the matter will be taken to the full commission for consideration.

(3) The presiding officer may direct a matter to the full commission if the officer believes five hundred dollars would be an insufficient penalty or the matter warrants consideration by the full commission.

(4) If previously imposed penalties remain unpaid and exceed the amount this penalty schedule would otherwise prescribe for the current violation, the presiding officer may impose a penalty not to exceed the amount of the outstanding penalty, up to five hundred dollars.

(5) "Occasion" means established violation. At the 4th occasion, among other factors, the commission may consider if any prior violations and penalties were stipulated to by the respondent, in determining the amount of the penalty.

(6) Cases will automatically be scheduled before the full Commission for an enforcement action when the person:

(a) was found in violation during a previous reporting period,

(b) the violation remains in effect following any appeals, and

(c) the person has not filed the disclosure forms that were the subject of the prior violation at the time the current hearing notice is being sent.

[Statutory Authority: RCW 42.17.370. 03-22-065, 390-37-165, filed 11/4/03, effective 12/5/03.]


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

WAC 390-37-170   Lobbyist monthly expense report (L-2) penalty schedule.  


Status 1st Occasion 2nd Occasion 3rd Occasion 4th Occasion
Failed to file report by date of enforcement hearing. $150 $300 $500 Full commission consideration
Filed report after hearing notice but before enforcement hearing. Did not pay settlement amount. $100 $200 $400 Full commission consideration
Filed report after hearing notice but before enforcement hearing. Provided written explanation or appeared at the hearing to explain mitigating circumstances. Did not pay settlement amount. $0 - $100 $100 - $200 $200 - $400 Full commission consideration

Provisos:

(1) The presiding officer has authority to suspend all or a portion of relevant penalty under the conditions to be determined by that officer. Except in rare circumstances, the nonsuspended portion of the penalty will not be less than the original settlement offer.

(2) If on the 3rd occasion, a filer has outstanding penalties or judgments, the matter will be taken to the full commission for consideration.

(3) The presiding officer may direct a matter to the full commission if the officer believes five hundred dollars would be an insufficient penalty or the matter warrants consideration by the full commission.

(4) If previously imposed penalties remain unpaid and exceed the amount this penalty schedule would otherwise prescribe for the current violation, the presiding officer may impose a penalty not to exceed the amount of the outstanding penalty, up to five hundred dollars.

(5) "Occasion" means established violation. At the 4th occasion, among other factors, the commission may consider if any prior violations and penalties were stipulated to by the respondent, in determining the amount of the penalty.

(6) Cases will automatically be scheduled before the full Commission for an enforcement action when the person:

(a) was found in violation during a previous reporting period,

(b) the violation remains in effect following any appeals, and

(c) the person has not filed the disclosure forms that were the subject of the prior violation at the time the current hearing notice is being sent.

[Statutory Authority: RCW 42.17.370. 03-22-065, 390-37-170, filed 11/4/03, effective 12/5/03.]


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

WAC 390-37-175   Lobbyist employer report (L-3) penalty schedule.  


Status 1st Occasion 2nd Occasion 3rd Occasion 4th Occasion
Failed to file report by date of enforcement hearing. $150 $300 $500 Full commission consideration
Filed report after hearing notice but before enforcement hearing. Did not pay settlement amount. $100 $200 $400 Full commission consideration
Filed report after hearing notice but before enforcement hearing. Provided written explanation or appeared at the hearing to explain mitigating circumstances. Did not pay settlement amount. $0 - $100 $100 - $200 $200 - $400 Full commission consideration

Provisos:

(1) The presiding officer has authority to suspend all or a portion of relevant penalty under the conditions to be determined by that officer.

(2) If on the 3rd occasion, a filer has outstanding penalties or judgments, the matter will be taken to the full commission for consideration.

(3) The presiding officer may direct a matter to the full commission if the officer believes five hundred dollars would be an insufficient penalty or the matter warrants consideration by the full commission.

(4) If previously imposed penalties remain unpaid and exceed the amount this penalty schedule would otherwise prescribe for the current violation, the presiding officer may impose a penalty not to exceed the amount of the outstanding penalty, up to five hundred dollars.

(5) "Occasion" means established violation. At the 4th occasion, among other factors, the commission may consider if any prior violations and penalties were stipulated to by the respondent, in determining the amount of the penalty.

(6) Cases will automatically be scheduled before the full Commission for an enforcement action when the person:

(a) was found in violation during a previous reporting period,

(b) the violation remains in effect following any appeals, and

(c) the person has not filed the disclosure forms that were the subject of the prior violation at the time the current hearing notice is being sent.

[Statutory Authority: RCW 42.17.370. 03-22-065, 390-37-175, filed 11/4/03, effective 12/5/03.]

Washington State Code Reviser's Office