BP BHEAD INT H [atlas:bill]

AN ACT Relating to pesticide complaints; amending RCW 17.21.340; adding a new section to chapter 15.58 RCW; and adding a new section to chapter 17.21 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 15.58 RCW to read as follows:

The department shall not accept, record, or in any manner process or investigate under this chapter an anonymous complaint. For a complaint to be accepted, recorded, processed, or investigated under this chapter, the name and address of the complainant must be filed as a part of the complaint.

NEW SECTION. Sec. 2. A new section is added to chapter 17.21 RCW to read as follows:

The department shall not accept, recorded, or in any manner process or investigate under this chapter an anonymous complaint. For a complaint to be accepted, recorded, processed, or investigated under this chapter, the name and address of the complainant must be filed as a part of the complaint.

Sec. 3. RCW 17.21.340 and 1989 c 380 s 63 are each amended to read as follows:

(1) A person aggrieved by a violation of this chapter or the rules adopted under this chapter:

(a) May request an inspection of the area in which the violation is believed to have occurred. If there are reasonable grounds to believe that a violation has occurred, the department shall conduct an inspection as soon as practicable. However, the director may refuse to act on a request for inspection concerning only property loss or damage if the person suffering property damage fails to file a timely report of loss under RCW 17.21.190. The department must not accept or in any manner respond to a request that is made anonymously. If an inspection is conducted, the person requesting the inspection shall((:

~~(i)~~)) be promptly notified in writing of the department's decision concerning the assessment of any penalty pursuant to the inspection; ((~~and~~

(ii) Be entitled, on request, to have his or her name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available pursuant to this chapter: PROVIDED, That in any appeal proceeding the identity of the aggrieved person who requests the inspection shall be disclosed to the alleged violator of the act upon request of the alleged violator;))

(b) Shall be notified promptly, on written application to the director, of any penalty or other action taken by the department pursuant to an investigation of the violation under this chapter; and

(c) May request, within ten days from the service of a final order fixing a penalty for the violation, that the director reconsider the entire matter if it is alleged that the penalty is inappropriate. If the person is aggrieved by a decision of the director on reconsideration, the person may request an adjudicative proceeding under chapter 34.05 RCW. However, the procedures for a brief adjudicative proceeding may not be used unless agreed to by the person requesting the adjudicative proceeding. During the adjudicative proceeding under ((~~(c) of~~)) this subsection, the presiding officer shall consider the interests of the person requesting the adjudicative proceeding.

(2) Nothing in this chapter ((~~shall~~)) precludes any person aggrieved by a violation of this chapter from bringing suit in a court of competent jurisdiction for damages arising from the violation. A request made under subsection (1)(a) of this section is subject to public disclosure.