_______________________________________________
ENGROSSED
SUBSTITUTE HOUSE BILL 1057
_______________________________________________
Passed
Legislature - 1997 Regular Session
AS
AMENDED BY THE SENATE
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 02/04/97.
Limiting public disclosure of complaints filed under the
uniform disciplinary act.
AN
ACT Relating to public disclosure of complaints filed under the uniform
disciplinary act; amending RCW 18.130.095; adding a new section to chapter
42.17 RCW; and adding a new section to chapter 18.130 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.130.095 and 1995 c 336 s 6 are each amended to read as follows:
(1)(a)
The secretary, in consultation with the disciplining authorities, 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 periods for initial
assessment, investigation, charging, discovery, settlement, and adjudication of
complaints, and shall include enforcement provisions for violations of the
specific time periods by the department, the disciplining authority, and the
respondent. A licensee must be notified upon receipt of a complaint, except
when the notification would impede an effective investigation. At the earliest
point of time the licensee must be allowed to submit a written statement about
that complaint, which statement must be included in the file. Complaints filed
after the effective date of this act are exempt from public disclosure under chapter
42.17 RCW until the complaint has been initially assessed and determined to
warrant an investigation by the disciplining authority. Complaints determined
not to warrant an investigation by the disciplining authority are no longer
considered complaints, but must remain in the records and tracking system of
the department. Information about complaints that did not warrant an
investigation, including the existence of the complaint, may be released only
upon receipt of a written public disclosure request or pursuant to an
interagency agreement as provided in (b) of this subsection. Complaints
determined to warrant no cause for action after investigation are subject to
public disclosure, must include an explanation of the determination to close
the complaint, and must remain in the records and tracking system of the
department.
(b)
The secretary, on behalf of the disciplining authorities, shall enter into
interagency agreements for the exchange of records, which may include
complaints filed but not yet assessed, with other state agencies if access to
the records will assist those agencies in meeting their federal or state
statutory responsibilities. Records obtained by state agencies under the
interagency agreements are subject to the limitations on disclosure contained
in (a) of this subsection.
(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)
Only upon the authorization of a disciplining authority identified in RCW
18.130.040(2)(b), the secretary, or his or her designee, may serve as the
presiding officer for any disciplinary proceedings of the disciplining authority
authorized under this chapter. Except as provided in RCW 18.130.050(8), the
presiding officer shall not vote on or make any final decision. All functions
performed by the presiding officer shall be subject to chapter 34.05 RCW. The
secretary, in consultation with the disciplining authorities, shall adopt
procedures for implementing this subsection.
(4)
The uniform procedural rules shall be adopted by all disciplining authorities
listed in RCW 18.130.040(2), and shall be used for all adjudicative proceedings
conducted under this chapter, as defined by chapter 34.05 RCW. The uniform
procedural rules shall address the use of a presiding officer authorized in
subsection (3) of this section to determine and issue decisions on all legal
issues and motions arising during adjudicative proceedings.
NEW
SECTION. Sec. 2. A
new section is added to chapter 42.17 RCW under the subchapter heading
"public records" to read as follows:
Complaints
filed under chapter 18.130 RCW after the effective date of this act are exempt
from disclosure under this chapter to the extent provided in RCW 18.130.095(1).
NEW
SECTION. Sec. 3. A
new section is added to chapter 18.130 RCW to read as follows:
This
chapter does not affect the use of records, obtained from the secretary or the
disciplining authorities, in any existing investigation or action by any state
agency. Nor does this chapter limit any existing exchange of information
between the secretary or the disciplining authorities and other state agencies.
