WSR 14-06-058

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 27, 2014, 3:40 p.m.]

Subject of Possible Rule Making: The commission is charged with ensuring that certain candidates and elected officials disclose personal financial information at regular intervals. The commission may modify or suspend the disclosure requirement if it finds that "literal application" of the chapter "works a manifestly unreasonable hardship" and that the suspension or modification of the reporting requirement will not frustrate the purposes of chapter 42.17A RCW. The commission has established protocols it follows when considering requests from motor vehicle dealers and attorneys, since a large percentage of the modification requests the commission receives are filed by these professionals. Other protocols established by the commission address when the spouse/registered domestic partner of the candidate/elected official creates a reporting obligation and under what circumstances a judge or judicial candidate will be relieved of disclosing a residential address and the reportable business and government customers of a judge's former law firm or a candidate's law firm. These protocols were adopted as interpretive statements which the commission will now convert to rules: Interpretation 02-03 Requests for Modification—Lawyers & Law Firms; Interpretation 02-04 Requests for Modification—Judges & Judicial Candidates; Interpretation 02-05 Requests for Modification—Motor Vehicle Dealers; and Interpretation 02-06 Requests for Modification—Spouse.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.17A.110 and 42.17A.120.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Converting these long-standing interpretations (adopted in 2002) will contribute to the commission rendering consistent decisions when considering like requests for personal financial affairs reporting modifications and better inform applicants of the standards that are likely to be followed.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The commission will likely consider proposed draft language at its March 27, 2014, meeting. Once language is approved, a public hearing will be scheduled. This hearing will likely occur June 26, 2014, or later.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Anderson, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, WA 98504-0908, e-mail lori.anderson@pdc.wa.gov, phone (360) 664-2737, toll-free 1-877-601-2828, fax (360) 753-1112.

February 27, 2014

Lori Anderson

Communications and

Training Officer