CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1722

 

 

 

 

 

 

 

                        54th Legislature

                      1995 Regular Session

Passed by the House April 20, 1995

  Yeas 95   Nays 1

 

 

 

 

Speaker of the

       House of Representatives

 

Passed by the Senate April 10, 1995

  Yeas 48   Nays 0

               CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1722 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

 

President of the Senate

 

                               Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                  _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1722

                  _______________________________________________

 

                             AS AMENDED BY THE SENATE

 

                     Passed Legislature - 1995 Regular Session

 

State of Washington              54th Legislature             1995 Regular Session

 

By House Committee on Law & Justice (originally sponsored by Representatives Padden, Appelwick and Mastin; by request of Utilities & Transportation Commission)

 

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.

 


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