S-564                 _______________________________________________


                                                   SENATE BILL NO. 5030



                                                                            C 007 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Senators Pullen and Niemi



Prefiled with Secretary of the Senate 1/6/89.  Read first time 1/9/89 and referred to Committee   on Law & Justice.



AN ACT Relating to the writ of certiorari; and amending RCW 7.16.120.




        Sec. 1.  Section 12, chapter 65, Laws of 1895 as amended by section 6, chapter 51, Laws of 1957 and RCW 7.16.120 are each amended to read as follows:

          The questions involving the merits to be determined by the court upon the hearing are:

          (1) Whether the body or officer had jurisdiction of the subject matter of the determination under review.

          (2) Whether the authority, conferred upon the body or officer in relation to that subject matter, has been pursued in the mode required by law, in order to authorize it or to make the determination.

          (3) Whether, in making the determination, any rule of law affecting the rights of the parties thereto has been violated to the prejudice of the relator.

          (4) Whether there was any competent proof of all the facts necessary to be proved, in order to authorize the making of the determination.

          (5) ((If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence thereof, rendered in an action in a court, triable by a jury, as would be set aside by the court, as against the weight of evidence)) Whether the factual determinations were supported by substantial evidence.