BILL REQ. #:  H-3147.1 

Read first time 01/22/14.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to establishing a bill of rights for citizens, businesses, and project proponents who are subject to state agency action; amending RCW 43.42.040 and 34.05.476; and adding a new section to chapter 43.42 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.42 RCW to read as follows:
     (1) Principles of accountability and transparency should guide all agencies that are authorized by law to license businesses, grant or withhold benefits, impose sanctions, investigate, audit, or otherwise implement and enforce the statutes of the state of Washington.
     (2) An agency should inform citizens, businesses, and project proponents of their rights, responsibilities, and obligations with respect to agency action.
     (3) Citizens, businesses, and project proponents should be assured the following rights:
     (a) A right to expect state agencies to provide a prompt, accurate, and courteous response to a request for information and to work together to ensure ready access to the information needed to assist businesses in their relationships with state government;
     (b) A right to a clear, stable, and predictable regulatory and recordkeeping environment with easily accessible information and administrative rules in as clear and concise language as possible;
     (c) A right to be treated equally and fairly, with reasonable access to state services;
     (d) A right to a timely response to an application for a permit, license, registration, or approval necessary to operate a business;
     (e) A right to renewal of permits, licenses, registrations, or approvals, absent a specific reason for nonrenewal; and
     (f) A right to a clear statement of reasons from the agency, if the agency is denying an application for a license or permit.
     (4) A citizen, business, or project proponent may file a complaint with the office if the citizen, business owner, or project proponent has reason to believe that one of the rights established in subsection (3) of this section has been violated.
     (5)(a) The office shall provide notice of the complaint to the agency within ten days and take efforts to achieve a prompt and courteous resolution of the complaint.
     (b) If the complaint is not resolved within thirty days, the office shall make written findings and provide them to the agency and to the person who filed the complaint.
     (c) In the event that an adjudicative proceeding under chapter 34.05 RCW is initiated, the agency shall include the written findings prepared under (b) of this subsection as part of the agency record, as required by RCW 34.05.476.
     (6) If a person has standing under RCW 34.05.530 and has filed a petition to obtain judicial review of agency action, documentation that an agency has violated a right established in this section shall be considered evidence that exhaustion of administrative remedies would be futile, providing authority under RCW 34.05.534(3)(b) for the court to relieve the petitioner of the requirement to exhaust administrative remedies.

Sec. 2   RCW 43.42.040 and 2007 c 94 s 5 are each amended to read as follows:
     (1) The office shall assist citizens, businesses, and project proponents by maintaining and furnishing information, including, but not limited to:
     (a) To the extent possible, compiling and periodically updating one or more handbooks containing lists and explanations of permit laws, including all relevant local, state, federal, and tribal laws. In providing this information, the office shall seek the cooperation of relevant local, state, and federal agencies and tribal governments;
     (b) Establishing and providing notice of a point of contact for obtaining information;
     (c) Working closely and cooperatively with business license centers to provide efficient and nonduplicative service; and
     (d) Developing a service center and a web site.
     (2) The office shall coordinate among state agencies to develop an office web site that is linked through the office of the governor's web site and that contains information regarding permitting and regulatory requirements for businesses and citizens in Washington state. At a minimum, the web site shall provide information or links to information on:
     (a) Federal, state, and local rule-making processes and permitting and regulatory requirements applicable to Washington businesses and citizens;
     (b) Federal, state, and local licenses, permits, and approvals necessary to start and operate a business or develop real property in Washington;
     (c) State and local building codes;
     (d) The process by which a citizen, business owner, or operator may initiate a complaint that an agency has violated a right provided under section 1 of this act;
     (e) Federal, state, and local economic development programs that may be available to businesses in Washington; and
     (((e))) (f) State and local agencies regulating or providing assistance to citizens and businesses operating a business or developing real property in Washington.
     (3) This section does not create an independent cause of action, affect any existing cause of action, or create any new cause of action regarding the application of regulatory or permit requirements.

Sec. 3   RCW 34.05.476 and 1988 c 288 s 423 are each amended to read as follows:
     (1) An agency shall maintain an official record of each adjudicative proceeding under this chapter.
     (2) The agency record shall include:
     (a) Notices of all proceedings;
     (b) Any prehearing order;
     (c) Any motions, pleadings, briefs, petitions, requests, and intermediate rulings;
     (d) Evidence received or considered;
     (e) A statement of matters officially noticed;
     (f) Proffers of proof and objections and rulings thereon;
     (g) Proposed findings, requested orders, and exceptions;
     (h) The recording prepared for the presiding officer at the hearing, together with any transcript of all or part of the hearing considered before final disposition of the proceeding;
     (i) Any final order, initial order, or order on reconsideration;
     (j) Staff memoranda or data submitted to the presiding officer, unless prepared and submitted by personal assistants and not inconsistent with RCW 34.05.455; ((and))
     (k) Any written findings prepared by the office of regulatory assistance in response to a complaint filed under section 1 of this act; and
     (l) Matters placed on the record after an ex parte communication.
     (3) Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the exclusive basis for agency action in adjudicative proceedings under this chapter and for judicial review of adjudicative proceedings.