H-0760

AN ACT Relating to a code of ethics for industrial appeals judges; adding a new section to chapter 51.52 RCW; and adding a new section to chapter 42.18 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 51.52 RCW to read as follows:

(1) The legislature finds that adherence to ethical standards protects the integrity and conduct of free government and promotes public confidence in governmental actions. The legislature furthers finds that a code of ethics for industrial appeals judges, supplementing the code of ethics that applies to all state employees, is necessary to eliminate conflicts of interest and improve the administration of this chapter. Therefore, all persons employed as industrial appeals judges under this chapter shall observe and be governed by the standards of conduct contained in this section.

(2) Industrial appeals judges shall conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the board and hearing process.

(3) Industrial appeals judges shall:

(a) Maintain professional competence in industrial insurance law and the rules of the board;

(b) Maintain order and decorum in proceedings before the board;

(c) Be patient and courteous to those persons who participate in proceedings before the board and others with whom they deal in their official capacity; and

(d) Dispose promptly of matters heard by the industrial appeals judge.

(4) An industrial appeals judge shall not participate in a proceeding before the board where his or her impartiality might reasonably be questioned, including but not limited to proceedings in which:

(a) The industrial appeals judge has a personal bias or prejudice concerning a party or a party's representative;

(b) The industrial appeals judge has personal knowledge of disputed evidentiary facts concerning the proceedings;

(d) The industrial appeals judge knows that, as an individual or as a fiduciary, the judge has a substantial interest in the outcome of the proceeding, or that the judge's spouse or minor child has a substantial interest in the outcome of the proceeding.

(5) Except as authorized by law, industrial appeals judges shall not initiate or consider ex parte or other private communications concerning a matter pending before the board unless the communications are at the same time provided to all other persons interested in the matter.

(6) Industrial appeals judges shall abstain from public comment about matters pending before the board, except for public statements in the course of their official duties.

(7) Industrial appeals judges shall not directly or indirectly solicit or accept any gift or gratuity from a person or party involved in a matter pending before the board.

(8) A person who has been employed by the board as an industrial appeals judge shall not thereafter appear in a contested case before the board on behalf of any party until the expiration of one year following the industrial appeals judge's termination of employment with the board.

(9) The board may dismiss, suspend, or take such other action as may be appropriate upon making a finding that an industrial appeals judge has violated this section. Any action taken under this subsection with respect to an industrial appeals judge covered by chapter 41.06 RCW shall comply with chapter 41.06 RCW.

(10) In case of any conflict between the provisions of this section and the provisions of chapter 42.18 RCW, the provisions of this section shall apply.

NEW SECTION. Sec. 2. A new section is added to chapter 42.18 RCW to read as follows:

In case of any conflict between the provisions of this chapter and the provisions of section 1 of this act, the provisions of section 1 of this act shall apply with respect to industrial appeals judges under chapter 51.52 RCW.