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SUBSTITUTE
HOUSE BILL 1722
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 03/01/95.
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, 81.01.050, 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
80.01.050 and 1961 c 14 s 80.01.050 are each amended to read as follows:
A
majority of the commissioners shall constitute a quorum for the transaction of
any business, for the performance of any duty, or for the exercise of any power
of the commission, and may hold hearings at any time or place within or without
the state. Any investigation, inquiry, or hearing which the commission
has power to undertake or to hold may be undertaken or held by or before any
commissioner or any ((examiner)) employee designated and
authorized by the commission as provided in RCW 80.01.060. All investigations,
inquiries, and hearings of the commission, and all findings, orders,
or decisions, made by a commissioner, when approved and confirmed by the
commission and filed in its office, shall be and be deemed to be the orders or
decisions of the commission.
Sec.
3. RCW
80.01.060 and 1991 c 48 s 1 are each amended to read as follows:
(1)
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)) The designated employees 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, under such
rules as the commission may adopt. (2) In general rate increase filings by
a natural gas, electric, or telecommunications company, the designated employee
may preside, but may not enter an initial order unless expressly agreed to in
writing by the company making the filing. In all other cases, the designated
employee may enter an initial order including findings of fact and conclusions
of law in accordance with RCW 34.05.461(1)(a) and (c) and (3) through (9) or
34.05.485. RCW 34.05.461 (1)(b) and (2) do not apply to entry of orders under
this section. The designated employee may not enter final orders, except that
the commission may designate persons by rule to preside and enter final
orders in emergency adjudications under RCW 34.05.479.
(3)
If the designated employee does not enter an initial order as provided in
subsection (2) of this section, then a majority of the members of the
commission who are to enter the final order must hear or review substantially
all of the record submitted by any party.
NEW SECTION. Sec. 4. RCW
34.12.042 and 1982 c 189 s 13 are each repealed.
