"Sec. 4   RCW 49.04.010 and 2001 c 204 s 1 are each amended to read as follows:
     (1) The director of labor and industries shall appoint an apprenticeship council, composed of three representatives each from employer and employee organizations, respectively. The terms of office of the members of the apprenticeship council first appointed by the director of labor and industries shall be as follows: One representative each of employers and employees shall be appointed for one year, two years, and three years, respectively. Thereafter, each member shall be appointed for a term of three years. The governor shall appoint a public member to the apprenticeship council for a three-year term. The appointment of the public member is subject to confirmation by the senate. Each member shall hold office until a successor is appointed and has qualified and any vacancy shall be filled by appointment for the unexpired portion of the term. A designated representative from each of the following: The work force training and education coordinating board, state board for community and technical colleges, employment security department, and United States department of labor, apprenticeship, training, employer, and labor services, shall be ex officio members of the apprenticeship council. Ex officio members shall have no vote. Each member of the council, not otherwise compensated by public moneys, shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated in accordance with RCW 43.03.240.
     (2)(a) The apprenticeship council is authorized to: (i) Approve apprenticeship programs, subject to the procedural requirements contained in (d) of this subsection; and (ii) establish apprenticeship program standards as rules, including requirements for apprentice- related and supplemental instruction, coordination of instruction with job experiences, and instructor qualifications.
     (b) The council shall consider recommendations from the state board for community and technical colleges on matters of apprentice-related and supplemental instruction, coordination of instruction with job experiences, and instructor qualifications. The rules for apprenticeship instructor qualifications shall either be by reference or reasonably similar to the applicable requirements established by or pursuant to chapter 28B.50 RCW.
     (c) The council is further authorized to issue such rules as may be necessary to carry out the intent and purposes of this chapter, including a procedure to resolve an impasse should a tie vote of the council occur, and perform such other duties as are hereinafter imposed.
     (d)(i) An objection to a proposed apprenticeship program shall be considered by the council only if the objection is timely submitted in accordance with this section and rules established by the council, and clearly identifies an issue that is within the jurisdiction of the council to decide. An objection is timely if it is postmarked or delivered to both the council secretary and the sponsor of the proposed apprenticeship program no less than twenty-one days before the date of the meeting at which the proposed program is to be considered by the council.
     (ii) The council may adjudicate objections to a proposed apprenticeship program or refer some or all of the objections, or any question raised by an objection, to the office of administrative hearings for initial adjudication. If the council refers any matter to the office of administrative hearings, the council shall designate or otherwise identify, with particularity, the specific objections or questions to be adjudicated by the office of administrative hearings. A decision by the council to adjudicate or refer an objection or question is not an agency action subject to judicial review under RCW 34.05.570.
     (3) Not less than once a year the apprenticeship council shall make a report to the director of labor and industries of its activities and findings which shall be available to the public.

Sec. 5   RCW 34.12.080 and 1981 c 67 s 8 are each amended to read as follows:
     All hearings shall be conducted in conformance with the administrative procedure act, chapter 34.05 RCW. After consultation with affected agencies, the chief administrative law judge may ((promulgate)) adopt rules governing the procedural conduct of the hearings. Such rules shall seek the maximum procedural uniformity in agency hearings consistent with demonstrable needs for individual agency variation. If a statute authorizes an agency to designate or otherwise limit the scope of issues or questions to be reviewed in a hearing under this section and RCW 49.04.010, nothing in the rules adopted under this section shall alter, restrict, or otherwise affect that authority of an agency, and the administrative law judge conducting the hearing shall not invite, accept, or consider evidence or argument beyond the scope of the issues or questions so designated or limited.

NEW SECTION.  Sec. 6   A new section is added to chapter 4.84 RCW to read as follows:
     (1) Notwithstanding any other provisions of this chapter, costs, as defined in RCW 4.84.010, and fees and other expenses as defined in RCW 4.84.340, shall be awarded to the prevailing party or substantially prevailing party on appeal before the superior court, court of appeals, or the supreme court, of a decision by the apprenticeship council to approve or not approve a proposed apprenticeship program. The court shall award and determine the amount of fees, expenses, and reasonable attorneys' fees and costs under this section if:
     (a) The prevailing party on appeal was the prevailing or substantially prevailing party before either (i) the apprenticeship council created under RCW 49.04.010, or (ii) a hearing conducted pursuant to RCW 49.04.010(2)(d) and in conformance with the administrative procedure act, chapter 34.05 RCW; and
     (b) The prevailing party on appeal was the prevailing party or substantially prevailing party in all prior judicial proceedings.
     (2) In addition to the prevailing party under subsection (1) of this section, the apprenticeship council is considered a prevailing party if its decision is upheld at superior court and on appeal."