H-3701.1 _______________________________________________
HOUSE BILL 2484
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Lisk, Appelwick, Pennington, Dunshee, Kessler, Linville and D. Schmidt
Read first time 01/14/98. Referred to Committee on Government Administration.
AN ACT Relating to determining if violations of chapter 42.17 RCW have occurred; and amending RCW 42.17.360 and 42.17.395.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 42.17.360 and 1973 c 1 s 36 are each amended to read as follows:
The commission shall:
(1)
Develop and provide forms for the reports and statements required to be made
under this chapter((:));
(2) Prepare and publish a manual setting forth recommended uniform methods of bookkeeping and reporting for use by persons required to make reports and statements under this chapter;
(3) Compile and maintain a current list of all filed reports and statements;
(4) Investigate whether properly completed statements and reports have been filed within the times required by this chapter;
(5) Upon complaint or upon its own motion, investigate potential violations of this chapter and petition an administrative law judge to determine if a violation has occurred or report apparent violations of this chapter to the appropriate law enforcement authorities;
(6) Prepare and publish an annual report to the governor as to the effectiveness of this chapter and its enforcement by appropriate law enforcement authorities; and
(7) Enforce this chapter according to the powers granted it by law.
Sec. 2. RCW 42.17.395 and 1989 c 175 s 91 are each amended to read as follows:
(1)
If an apparent violation of this chapter has occurred, the commission
may either (a) petition an administrative law judge to determine
whether the apparent violation constitutes 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 hearing.
(3)
In lieu of holding a hearing or issuing an order under this section, the
commission may)); or (b) refer the ((matter)) apparent
violation to the attorney general or other enforcement agency as provided
in RCW 42.17.360.
(((4)))
(2) If an administrative law judge determines that an actual violation of
this chapter has occurred, the commission shall issue and enforce an
appropriate order. 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 not exceed one thousand dollars, and in any case where
multiple violations are involved in a single complaint or ((hearing)) single
determination by an administrative law judge that an actual violation has
occurred, the maximum aggregate penalty may not exceed two thousand five
hundred dollars.
(((5))) (3) 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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