S-1899.1                   _______________________________________________

                                                     SENATE BILL 5961

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators A. Smith and Quigley

Read first time 03/19/93.  Referred to Committee on Law & Justice.

Granting direct appellate court review of decisions of the public employment relations commission.

          AN ACT Relating to judicial review of adjudicative proceedings; and amending RCW 34.05.518 and 34.05.514.

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

        Sec. 1.  RCW 34.05.518 and 1988 c 288 s 503 are each amended to read as follows:

(1) A final decision of the public employment relations commission in an adjudicative proceeding under this chapter is directly reviewable by the court of appeals.  Review shall be initiated by filing a notice of appeal with the court of appeals, at the appellant's option, for the division containing (a) Thurston county, (b) the county where the public employer is located, or (c) the county where the appellant resides or has its principal place of business.

(2) The final decision of ((an)) any other administrative agency in an adjudicative proceeding under this chapter may be directly reviewed by the court of appeals upon certification by the superior court pursuant to this ((section)) subsection.  An application for direct review must be filed with the superior court within thirty days of the filing of the petition for review in superior court.  The superior court may certify a case for direct review only if the judicial review is limited to the record of the agency proceeding and the court finds that:

          (((1))) (a) Fundamental and urgent issues affecting the future administrative process or the public interest are involved which require a prompt determination;

          (((2))) (b) Delay in obtaining a final and prompt determination of such issues would be detrimental to any party or the public interest;

          (((3))) (c) An appeal to the court of appeals would be likely regardless of the determination in superior court; and

          (((4))) (d) The appellate court's determination in the proceeding would have significant precedential value.

        Sec. 2.  RCW 34.05.514 and 1988 c 288 s 502 are each amended to read as follows:

          (1) Except as provided in subsection (2) of this section and RCW ((34.05.538)) 34.05.518(1) and 34.05.570(2), proceedings for review under this chapter shall be instituted by filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.

          (2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.

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