H-2696.2 _______________________________________________
HOUSE CONCURRENT RESOLUTION 4413
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State of Washington 56th Legislature 1999 Regular Session
By Representatives Carrell, Constantine, Kastama, McDonald, Lantz, Schindler, Lambert, Dickerson, Lovick, Cox, Hurst and Esser
Read first time . Referred to Committee on Judiciary.
WHEREAS, As a part of regulatory reform, equal access to justice provisions were enacted whereby qualified parties prevailing in court may have their attorneys' fees paid by the state agency whose decision had been appealed; and
WHEREAS, There are many instances where qualified parties do not pursue administrative appeals due solely to the costs of attorneys' fees, which may prove to be more than the award on appeal, and which cannot be recovered even when the qualified party prevails; and
WHEREAS, The inability of qualified parties to access competent legal counsel and pursue meritorious appeals through the administrative hearings process raises questions of fairness and due process which the legislature believes must be addressed;
NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the state of Washington, the Senate concurring, That a joint task force on equal access to justice be established to study and review the provision of attorneys' fees for qualified parties at administrative hearings. The task force shall review and determine the type of administrative hearings that require the presence of counsel to preserve fundamental rights or entitlements. In addition, the task force shall also review issues related to representation and adequate due process where the qualified party has a substantial economic interest in the outcome of the agency action. The task force may also determine those cases at which payment of attorneys' fees would encourage settlement prior to hearings or which would discourage appeals of nonmeritorious claims. The task force may determine those instances where it would be inappropriate to require payment of attorneys' fees by a state agency because the agency is only a nominal party to the action at the administrative hearing. The task force shall also determine whether the qualifying net worth amount should be lowered for qualified parties in administrative appeals and whether nonattorney representatives should be compensated for their representation at administrative hearings. The task force may determine any other relevant matters that arise in connection with this review and study; and
BE IT FURTHER RESOLVED, That the task force consist of eight legislators, with four members of the House of Representatives, two from each caucus, to be appointed by the Co-Speakers of the House of Representatives; and four members of the Senate, two from each caucus, to be appointed by the President of the Senate; and
BE IT FURTHER RESOLVED, That the task force shall establish a technical advisory group, to be composed of at least two representatives of organizations representing small businesses as defined in RCW 19.85.020(1); the board of governors of the Washington state bar association shall be invited to appoint two persons; the chief justice of the Washington state supreme court shall be invited to appoint two persons from the access to justice board; and the governor of the state of Washington shall be invited to appoint a representative from the department of labor and industries, the department of ecology, the department of social and health services, and the office of financial management; and
BE IT FURTHER RESOLVED, That the task force shall convene no later than June 1, 1999; shall elect its own officers; the expenses of the task force members shall be paid by the legislature under chapter 44.04 RCW; staff support for the task force shall be provided by the House of Representatives office of program research and Senate committee services as mutually agreed by the task force officers; and the task force shall report to the appropriate standing committees of the legislature prior to December 1, 1999. The task force shall terminate January 1, 2001.
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