Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.12.102, 51.24.110.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: (1) Allow the Attorney General's Office to appoint out of state attorneys as special assistant attorneys general for actions brought in other states. (2) Remove an attorney, for cause, from the lists of attorneys eligible for appointment. (3) Rewrite the rule so that it is clearer.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Attorney General Office (AGO), the rule concept has been shared with the AGO, and approved. Washington State Bar Association, the rule concept has been shared with the bar, and approved.

Process for Developing New Rule: This rule affects the privileges of private attorneys appointed as special assistant attorneys general. Under the proposed rule they may be removed, for cause, from the lists of attorneys eligible for appointment. Therefore, the department plans to seek comments on the proposed rule from the primary organization for plaintiffs' attorneys, the Washington State Trial Lawyers' Association.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may contact Jim Nylander, phone (360) 902-5118, Department of Labor and Industries, P.O. Box 44288, Olympia, WA 98504-4288.

April 22, 1998

Gary Moore

Director