S-0818.1 _______________________________________________
SENATE BILL 5252
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senator Winsley
Read first time 01/20/93. Referred to Committee on Law & Justice.
AN ACT Relating to condominiums; adding a new section to chapter 64.32 RCW; and adding a new section to chapter 64.34 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 64.32 RCW to read as follows:
(1) If any person is charged with violating any provision of this chapter, the director of licensing shall investigate the charges. If, upon investigation, the director has reasonable cause to believe that the person charged has violated the provision, the director shall issue and cause to be served upon the person, a complaint stating the charges. A hearing on the charges shall be conducted in accordance with the provisions of chapter 34.05 RCW concerning contested cases.
(2) No complaint may be issued based solely upon any act occurring more than six months before the filing of the charge with the director of licensing. At the discretion of the director, any other person may be allowed to intervene in the proceeding and to present testimony and other evidence.
(3) If upon the preponderance of the evidence taken, the director of licensing is of the opinion that any person named in the complaint has engaged in or is engaging in any prohibited practice, the director shall make and enter findings of fact and shall issue and cause to be served on that person a notice summarizing those findings of fact and stating that such person may be liable for damages or subject to penalties as provided in this chapter. If, upon the preponderance of the testimony and other evidence, the director determines that the person named in the complaint has not engaged in or is not engaging in any prohibited practice, the director shall make and enter findings of fact and an order dismissing the complaint.
(4)(a) If required to carry out the objectives of this chapter, including the conduct of any investigations or hearing, the director of licensing may require any person to provide other information as may be reasonably required.
(b) Any person subject to the provisions of this chapter shall provide the information, records, and reports reasonably required by the director, or make such material available to the director for inspection and/or copying at reasonable times and places.
NEW SECTION. Sec. 2. A new section is added to chapter 64.34 RCW to read as follows:
(1) If any person is charged with violating any provision of this chapter, the director of licensing shall investigate the charges. If, upon investigation, the director has reasonable cause to believe that the person charged has violated the provision, the director shall issue and cause to be served upon the person, a complaint stating the charges. A hearing on the charges shall be conducted in accordance with the provisions of chapter 34.05 RCW concerning contested cases.
(2) No complaint may be issued based solely upon any act occurring more than six months before the filing of the charge with the director of licensing. At the discretion of the director, any other person may be allowed to intervene in the proceeding and to present testimony and other evidence.
(3) If upon the preponderance of the evidence taken, the director of licensing is of the opinion that any person named in the complaint has engaged in or is engaging in any prohibited practice, the director shall make and enter findings of fact and shall issue and cause to be served on that person a notice summarizing those findings of fact and stating that such person may be liable for damages or subject to penalties as provided in this chapter. If, upon the preponderance of the testimony and other evidence, the director determines that the person named in the complaint has not engaged in or is not engaging in any prohibited practice, the director shall make and enter findings of fact and an order dismissing the complaint.
(4)(a) If required to carry out the objectives of this chapter, including the conduct of any investigations or hearing, the director of licensing may require any person to provide other information as may be reasonably required.
(b) Any person subject to the provisions of this chapter shall provide the information, records, and reports reasonably required by the director, or make such material available to the director for inspection and/or copying at reasonable times and places.
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