WSR 18-03-095 EXPEDITED RULES EXECUTIVE ETHICS BOARD [Filed January 17, 2018, 10:28 a.m.] Title of Rule and Other Identifying Information: WAC 292-120-035 Safe harbor provision. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule corrects typographical errors without changing the effect of the rule. Reasons Supporting Proposal: Correction of typographical errors, spelling and statutory cite. Statutory Authority for Adoption: RCW 42.52.360. Statute Being Implemented: RCW 42.52.360. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Executive ethics board, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kate Reynolds, Olympia, 360-664-0871. This notice meets the following criteria to use the expedited adoption process for these rules: Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect. Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Corrects typographical errors without changing its effect. NOTICE THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kate Reynolds, Executive Ethics Board, P.O. Box 40149, Olympia, WA 98504-0149, phone 360-664-0871, fax 360-586-3955, email kater@atg.wa.gov, AND RECEIVED BY March 27, 2018. January 17, 2018 Ruthann Bryant Administrative Officer
AMENDATORY SECTION (Amending WSR 02-04-003, filed 1/23/02, effective 2/23/02)
WAC 292-120-035 Safe harbor provision.
The board invites and encourages agencies to adopt ((polices)) policies that prevent agency employees from violating the Ethics in Public Service Act. Pursuant to RCW 42.52.360(((4))) (6), the board may review and approve agency policies. In determining appropriate sanctions, the board may consider agency policies in effect at the time of the conduct. In addition:
(1) The board will not impose sanctions for conduct that would violate the Ethics in Public Service Act, if the conduct at issue was permitted under a board-approved agency policy, as provided for in RCW 42.52.360(((4))) (6), prior to the conduct occurring.
(2) The effect of the safe harbor from sanction, as provided in WAC 292-120-035(1), shall be limited to conduct that conforms to a board-approved agency policy.
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