S-2053.3          _______________________________________________

                            SUBSTITUTE SENATE BILL 5869

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Energy, Telecommunications & Utilities (originally sponsored by Senators Smith, Long and Sheldon; 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 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)) 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.  They may preside over adjudicative proceedings and enter initial orders.  When presiding at an adjudicative proceeding and a majority of the members of the commission who are to enter the final order have not heard substantially all of the oral testimony and read all exhibits submitted by any party, the designated employee, or in the event of his or her unavailability or incapacity, another such employee appointed by the commission, shall enter an initial order including findings of fact and conclusions of law in accordance with RCW 34.05.461(1) and (3) through (9) or 34.05.485.  RCW 34.05.461(2) does not apply to entry of orders under this section.  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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