WSR 15-12-079 PERMANENT RULES PUBLIC DISCLOSURE COMMISSION [Filed May 29, 2015, 5:01 p.m., effective June 29, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: To require that all complaints filed with the commission be signed under oath by the complainant/member of the public.
The amendment establishes a consistent process for initiating a complaint, regardless of the subject of the complaint. Having consistent requirements for all complainants simplifies the process and makes the requirements easier to understand. The commission received testimony during the rule hearing that it should work to discourage malicious complaints, such as those filed in an effort to gain negative publicity. This amendment generally attempts to enhance the integrity of the complaint process by requiring each complainant to attest that all information provided in complaints is true and correct.
Citation of Existing Rules Affected by this Order: Amending WAC 390-37-020 and 390-37-040.
Statutory Authority for Adoption: RCW 42.17A.110(8).
Adopted under notice filed as WSR 15-09-099 on April 20, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 28, 2015.
Lori Anderson
Communications and
Training Officer
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-37-020 Enforcement procedures—((Initiation of complaint)) Alleging a violation.
(((1) A complaint alleging a)) Alleged violations of chapter 42.17A RCW may be brought to the attention of the commission staff by:
(((a))) (1) A member of the public;
(((b))) (2) The commission staff;
(((c))) (3) A commission member, who shall then be disqualified from participating in the decision of an enforcement ((hearing)) matter that may arise from ((the)) a complaint regarding the alleged violation(s);
(((d))) (4) Referral from the office of the attorney general or any other law enforcement agency; or
(((e))) (5) A state agency, local agency or member of a state or local agency.
(((2) The person or entity against whom a complaint is filed shall be known as the respondent.))
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-37-040 Enforcement procedures—Procedures for filing complaints with the commission.
(1) A complaint filed with the commission((, relating to an elected official or a candidate for elective office, shall)) must be in writing ((and signed by the complainant under oath)). Complainants are encouraged to use the complaint form provided by the commission on its web site.
(2) ((A complaint filed with the commission, other than a complaint specified in subsection (1) of this section, shall be made in writing.
(3))) A complaint ((filed under the provisions of either subsection (1) or (2) of this section shall)) must include:
(a) A statement of the nature of the alleged violation or violations, date, time and place of each occurrence and name of person or persons responsible;
(b) All available documentation and other evidence which the complainant is able to supply ((to demonstrate a reason for believing that a violation of the sections of chapter 42.17A RCW that are enforced by the commission has occurred; and)) that supports the allegations made in the complaint. Information about where documents or evidence can be obtained should be included for any items that cannot be supplied with the complaint;
(c) The names and telephone numbers, e-mail addresses, and U.S. mail address, if known, of any witnesses or other persons who have knowledge of facts that support the complaint;
(d) The complainant's name, e-mail address, U.S. mail address, and telephone number((, and other contact information for the complainant.)); and
(e) The signature of the complainant certifying under penalty of perjury under the laws of the state of Washington that the information provided with the complaint is true and correct to the best of his or her knowledge and belief.
(3) The person or entity against whom a complaint is filed is known as the respondent.
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