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SUBSTITUTE HOUSE BILL 1722
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AS AMENDED BY THE SENATE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 03/01/95.
Exempting the
UTC from administrative law judge requirements.
AN ACT Relating to
hearings conducted by the utilities and transportation commission; amending RCW
34.12.020, 81.01.050 [80.01.050], and 80.01.060; and repealing RCW 34.12.042.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 34.12.020 and 1994 c
257 s 22 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Office"
means the office of administrative hearings.
(2)
"Administrative law judge" means any person appointed by the chief
administrative law judge to conduct or preside over hearings as provided in
this chapter.
(3) "Hearing"
means an adjudicative proceeding within the meaning of RCW 34.05.010(1)
conducted by a state agency under RCW 34.05.413 through 34.05.476.
(4) "State
agency" means any state board, commission, department, or officer
authorized by law to make rules or to conduct adjudicative proceedings, except
those in the legislative or judicial branches, the growth ((planning)) management
hearings boards, the utilities and transportation commission, the
pollution control hearings board, the shorelines hearings board, the forest
practices appeals board, the environmental hearings office, the board of
industrial insurance appeals, the Washington personnel resources board, the
public employment relations commission, the personnel appeals board, and the
board of tax appeals.
Sec. 2. RCW 80.01.050 and 1961 c
14 s 80.01.050 are each amended to read as follows:
A majority of the
commissioners shall constitute a quorum for the transaction of any business,
for the performance of any duty, or for the exercise of any power of the
commission, and may hold hearings at any time or place within or without the
state. Any investigation, inquiry, or hearing which the commission has
power to undertake or to hold may be undertaken or held by or before any
commissioner or any ((examiner)) employee designated and
authorized by the commission as provided in RCW 80.01.060. All investigations,
inquiries, and hearings of the commission, and all findings, orders,
or decisions, made by a commissioner, when approved and confirmed by the
commission and filed in its office, shall be and be deemed to be the orders or
decisions of the commission.
Sec. 3. RCW 80.01.060 and 1991 c
48 s 1 are each amended to read as follows:
(1) The
commission ((shall have the power to request the appointment of)) may
designate employees of the commission as hearing examiners, administrative
law judges ((under chapter 34.12 RCW)), and review judges when it
deems such action necessary for its general administration. ((Such
administrative law judges shall)) The designated employees have
power to administer oaths, to issue subpoenas for the attendance of witnesses
and the production of papers, waybills, books, accounts, documents, and
testimony, to examine witnesses, and to receive testimony in any inquiry,
investigation, hearing, or proceeding in any part of the state, under such
rules as the commission may adopt. (2) In general rate increase
filings by a natural gas, electric, or telecommunications company, the
designated employee may preside, but may not enter an initial order unless
expressly agreed to in writing by the company making the filing. In all other
cases, the designated employee may enter an initial order including findings of
fact and conclusions of law in accordance with RCW 34.05.461(1)(a) and (c) and
(3) through (9) or 34.05.485. RCW 34.05.461 (1)(b) and (2) do not apply to
entry of orders under this section. The designated employee may not enter
final orders, except that the commission may designate persons by rule to
preside and enter final orders in emergency adjudications under RCW 34.05.479.
(3) If the
designated employee does not enter an initial order as provided in subsection
(2) of this section, then a majority of the members of the commission who are
to enter the final order must hear or review substantially all of the record
submitted by any party.
NEW SECTION. Sec.
4. RCW 34.12.042 and 1982 c
189 s 13 are each repealed.
