H-4875.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2484

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By House Committee on Government Administration (originally sponsored by Representatives Lisk, Appelwick, Pennington, Dunshee, Kessler, Linville and D. Schmidt)

Read first time 02/05/98.  Referred to Committee on .

Determining violations of Public Disclosure Law.

    AN ACT Relating to determining if violations of chapter 42.17 RCW have occurred; and amending RCW 42.17.395.

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

    Sec. 1.  RCW 42.17.395 and 1989 c 175 s 91 are each amended to read as follows:

    (1) The commission may (a) determine whether an actual violation of this chapter has occurred; and (b) issue and enforce an appropriate order following such determination.

    (2) The commission, in cases where it chooses to determine whether an actual violation of this chapter has occurred, shall hold a hearing pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to make such determination.  Any order that the commission issues under this section shall be pursuant to ((such)) this hearing.

Notice of the hearing before the commission that is provided to the respondent must indicate that one or more working days before this hearing the respondent may file a written petition with the commission removing its jurisdiction over making such a determination.  If the petition is timely filed by the respondent, the commission may not make the determination with regard to that respondent and may either refer the matter to the office of administrative hearings for determination by an administrative law judge or refer the matter to the attorney general, or other enforcement agency, as provided under subsection (3) of this section.  A determination by an administrative law judge is final and is not subject to review under RCW 34.05.464.  If a hearing examiner determines that an actual violation of this chapter has occurred, the commission may issue and enforce an appropriate order following that determination.

    (3) In lieu of holding a hearing or issuing an order under this section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW 42.17.360.

    (4) The person against whom an order is directed under this section shall be designated as the respondent.  The order may require the respondent to cease and desist from the activity that constitutes a violation and in addition, or alternatively, may impose one or more of the remedies provided in RCW 42.17.390(((1) (b), (c), (d), or (e):  PROVIDED, That no)) (2), (3), (4), or (5).  However, an individual penalty assessed by the commission may exceed one thousand dollars, and in any case where multiple violations are involved in a single complaint or hearing, the maximum aggregate penalty may not exceed two thousand five hundred dollars.

    (5) An order issued by the commission under this section shall be subject to judicial review under the Administrative Procedure Act, chapter 34.05 RCW.  If the commission's order is not satisfied and no petition for review is filed within thirty days as provided in RCW 34.05.542, the commission may petition a court of competent jurisdiction of any county in which a petition for review could be filed under that section, for an order of enforcement.  Proceedings in connection with the commission's petition shall be in accordance with RCW 42.17.397.

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