Z-0217.1  _______________________________________________

                          HOUSE BILL 1722

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Padden, Appelwick and Mastin; by request of Utilities & Transportation Commission

Read first time 02/06/95.  Referred to Committee on Law & Justice.

Exempting the UTC from administrative law judge requirements.

    AN ACT Relating to hearings conducted by the utilities and transportation commission; amending RCW 34.12.020 and 80.01.060; and repealing RCW 34.12.042.

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

    Sec. 1.  RCW 34.12.020 and 1994 c 257 s 22 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Office" means the office of administrative hearings.

    (2) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.

    (3) "Hearing" means an adjudicative proceeding within the meaning of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.

    (4) "State agency" means any state board, commission, department, or officer authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the growth ((planning)) management hearings boards, the utilities and transportation commission, the pollution control hearings board, the shorelines hearings board, the forest practices appeals board, the environmental hearings office, the board of industrial insurance appeals, the Washington personnel resources board, the public employment relations commission, the personnel appeals board, and the board of tax appeals.

    Sec. 2.  RCW 80.01.060 and 1991 c 48 s 1 are each amended to read as follows:

    The commission ((shall have the power to request the appointment of)) may designate employees of the commission as hearing examiners, administrative law judges ((under chapter 34.12 RCW)), and review judges when it deems such action necessary for its general administration.  Such ((administrative law judges shall)) persons have power to administer oaths, to issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and testimony, to examine witnesses, ((and)) to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, to preside over adjudicative proceedings, and to enter initial orders under such rules as the commission may adopt.  The commission may by order delegate to such persons the authority to hear and enter a final order in adjudications involving the transportation of persons or property, cases involving rates or services of water companies, or other classes of adjudicative proceedings that the commission has identified by rule.  The commission may designate persons by rule to preside and enter final orders in emergency adjudications under RCW 34.05.479.

NEW SECTION. Sec. 3.  RCW 34.12.042 and 1982 c 189 s 13 are each repealed.

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