Z-0884.3  _______________________________________________

                         SENATE BILL 6379

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State of Washington      56th Legislature     2000 Regular Session

By Senator Heavey; by request of Environmental Hearings Office

Read first time 01/14/2000.  Referred to Committee on Judiciary.

Disallowing financial awards against administrative tribunals.

    AN ACT Relating to attorneys' fees; amending RCW 4.84.340; and adding a new section to chapter 4.84 RCW.

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

    Sec. 1.  RCW 4.84.340 and 1995 c 403 s 902 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 4.84.340 through 4.84.360.

    (1) "Administrative tribunal" means an independent agency that conducts adjudicative proceedings, as defined in RCW 34.05.010, as its sole or principal duty to:  (a) Review decisions of another agency or governmental unit; or (b) resolve disputes in which the tribunal is not a party.

(2) "Agency" means any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the governor, or the attorney general except to the extent otherwise required by law.

    (((2))) (3) "Agency action" means agency action as defined by chapter 34.05 RCW.

    (((3))) (4) "Fees and other expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of a study, analysis, engineering report, test, or project that is found by the court to be necessary for the preparation of the party's case, and reasonable attorneys' fees.  Reasonable attorneys' fees shall be based on the prevailing market rates for the kind and quality of services furnished, except that (a) no expert witness shall be compensated at a rate in excess of the highest rates of compensation for expert witnesses paid by the state of Washington, and (b) attorneys' fees shall not be awarded in excess of one hundred fifty dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.

    (((4))) (5) "Judicial review" means a judicial review as defined by chapter 34.05 RCW.

    (((5))) (6) "Qualified party" means (a) an individual whose net worth did not exceed one million dollars at the time the initial petition for judicial review was filed or (b) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed five million dollars at the time the initial petition for judicial review was filed, except that an organization described in section 501(c)(3) of the federal internal revenue code of 1954 as exempt from taxation under section 501(a) of the code and a cooperative association as defined in section 15(a) of the agricultural marketing act (12 U.S.C. 1141J(a)), may be a party regardless of the net worth of such organization or cooperative association.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.84 RCW to read as follows:

    Notwithstanding the provisions of RCW 4.84.350, no fees or other expenses shall be awarded against an administrative tribunal for actions taken solely as an adjudicative body.

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