5948-S AAS 3/15/93

SSB 5948 - S AMD

By Senators Deccio and Talmadge

                                                   Adopted 3/15/93

    Beginning on page 2, line 18, strike section 2 and insert the following:

    "NEW SECTION. Sec. 2.  A new section is added to chapter 18.130 RCW to read as follows:

    REQUIRED UNIFORM PROCEDURES.  (1) The secretary shall develop uniform procedural rules to respond to public inquiries concerning complaints and their disposition, active investigations, statement of charges, findings of fact, and final orders involving a licensee, applicant, or unlicensed person.  The uniform procedural rules adopted under this subsection apply to all adjudicative proceedings conducted under this chapter and shall include provisions for the establishing time lines for discovery, settlement, and scheduling hearings.

    (2) The uniform procedures for conducting investigations shall provide that prior to taking a written statement:

    (a) For violation of this chapter, the investigator shall inform such person, in writing of:  (i) The nature of the complaint; (ii) that the person may consult with legal counsel at his or her expense prior to making a statement; and (iii) that any statement that the person makes may be used in  an adjudicative proceeding conducted under this chapter; and

    (b) From a witness or potential witness in an investigation under this chapter, the investigator shall inform the person, in writing, that the statement may be released to the licensee, applicant, or unlicensed person under investigation if a statement of charges is issued.

    (3) The disciplining authority may enter into an agreement to dispose of a matter with or without a finding of unprofessional conduct or inability to practice, which may include one or more sanctions set forth in RCW 18.130.160.  When the representative of the disciplining authority and the respondent have entered into a written settlement agreement, such agreement shall be submitted to the disciplining authority for approval.  In considering whether to approve the settlement, the disciplining authority may consider such written materials as the parties may agree.  If no settlement is approved by the disciplining authority and the matter proceeds to a hearing, a person who participated in the decision not to approve the proposed settlement may not participate as a hearing officer or board panel member in the hearing.

    (4) In order to assure the uniform application of the procedural rules developed by the secretary, the secretary or his or her designee shall serve as presiding officer for all proceedings under this chapter, including those conducted by disciplinary authorities identified in RCW 18.130.040(2)(b), other than the board of funeral directors and embalmers, and shall perform all functions of the presiding officer under chapter 34.05 RCW.  In those areas where the disciplining authority is a board, the secretary or his or her designee, shall not vote on the final decision."

SSB 5948 - S AMD

By Senators Deccio and Talmadge

                                                   Adopted 3/15/93

    On page 4, beginning on line 11, after "has a" strike all material through "but" on line 12, and insert "program violation that in the opinion of the monitoring program does not affect the continuing ability to practice, and"

SSB 5948 - S AMD

By Senators Deccio and Talmadge

                                                   Adopted 3/15/93

    On page 6, beginning on line 8, strike all of section 4

SSB 5948 - S AMD

By Senators Deccio and Talmadge

                                                   Adopted 3/15/93

    On page 1, line 2 of the title, after "18.130.175;" insert "and"

    On page 1, line 3 of the title, strike "; and creating a new section"

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