WSR 18-01-055 PERMANENT RULES SPOKANE REGIONAL CLEAN AIR AGENCY [Filed December 13, 2017, 9:13 a.m., effective January 15, 2018] Effective Date of Rule: January 15, 2018. Purpose: Amendments to Article II include the addition of a new section, Section 2.15 Intimidation. The amendments are to better protect the safety of Spokane regional clean air agency (SRCAA) staff by developing a local regulation that allows SRCAA to issue a notice of violation if SRCAA staff are directly or indirectly, assaulted, intimidated, threatened, coerced, harassed, or unlawfully imprisoned. The notice of violation may be issued regardless of a criminal charge or conviction related to the same conduct. The notice of violation may be followed with a civil penalty. Citation of Rules Affected by this Order: New SRCAA Regulation I, Article II, Section 2.15. Statutory Authority for Adoption: RCW 70.94.141. Adopted under notice filed as WSR 17-22-008 on October 19, 2017. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: December 7, 2017. Margee Chambers Rule Writer/SIP Planner
NEW SECTION, SRCAA Regulation I, Article II
SECTION 2.15 INTIMIDATION
A. No person shall, directly or indirectly, assault, intimidate, threaten, harass, coerce or unlawfully imprison the Control Officer or the Control Officer's authorized representative. The following definitions apply to this Section:
1. "Assault" includes, but is not limited to, actions constituting assault under RCW 9A.36 et seq.
2. "Intimidate" includes, but is not limited to, actions that discourage, restrain or deter action by inducing fear.
3. "Threaten" includes, but is not limited to, actions constituting threats under RCW 9A.76.180(3) and 9A.04.110(28).
4. "Harassment" includes, but is not limited to, actions constituting harassment under RCW 9A.46.020(1).
5. "Coercion" includes, but is not limited to, actions constituting coercion under RCW 9A.36.070(1).
6. "Unlawful imprisonment" includes, but is not limited to, restricting a person's movements without consent and without legal authority in manner which interferes substantially with his or her liberty as described in RCW 9A.40.010(6).
B. For any person found to have violated Section 2.15.A., the Agency may issue a separate Notice of Violation to the full extent authorized by Section 2.02.G and Section 2.11 of this Regulation.
C. A Notice of Violation under this Section may be issued regardless of a criminal charge or conviction related to the same conduct.
D. The civil penalty for a violation of this Section shall be $5,000.00. Requests for mitigation of a Notice of Violation issued under this Section shall be referred to and decided by the Board of Directors.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040. |