WSR 98-19-001
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed September 2, 1998, 2:29 p.m., effective October 5, 1998]
Date of Adoption: September 2, 1998.
Purpose: To allow the Attorney General's Office to appoint out-of-state attorneys as special assistant attorneys general; to remove an attorney for cause from the list of attorneys eligible for appointment; and to rewrite the rule to make it clearer.
Citation of Existing Rules Affected by this Order: Amending WAC 296-14-900 through 296-14-940.
Statutory Authority for Adoption: RCW 51.24.110, 51.12.102.
Adopted under notice filed as WSR 98-13-125 on June 17, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 5, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 5, repealed 0.
Effective Date of Rule: October 5, 1998.
August 21, 1998
Gary Moore
Director
OTS-2268.1
AMENDATORY SECTION (Amending WSR 93-23-060, filed 11/15/93, effective 1/1/94)
WAC 296-14-900 ((Purpose.)) Authority to use special
assistant attorneys general. WAC 296-14-900 through 296-14-940
implement RCW 51.12.102 and 51.24.110, which authorize((s)) the
department to use private attorneys as special assistant
attorneys general.
[Statutory Authority: Chapters 51.04, 51.08, 51.12, 51.24 and 51.32 RCW and 117 Wn.2d 122 and 121 Wn.2d 304. 93-23-060, § 296-14-900, filed 11/15/93, effective 1/1/94. Statutory Authority: RCW 51.24.110. 88-08-026 (Order 88-03), § 296-14-900, filed 3/31/88.]
AMENDATORY SECTION (Amending WSR 93-23-060, filed 11/15/93, effective 1/1/94)
WAC 296-14-910 ((Definitions.)) Lists of special assistant
attorneys general. ((In WAC 296-14-900 through 296-14-940:
"Department" means the department of labor and industries.))
(1) The department must determine from the application and other
sources if an attorney qualifies to be placed on the lists of
attorneys eligible to represent the department as special
assistant attorneys general. The department may consult with the
Washington State Bar Association and the office of the attorney
general to make the determination.
(2) The office of the attorney general must appoint qualified attorneys as special assistant attorneys general. Once appointed, these attorneys become eligible to represent the department. Appointed attorneys serve at the pleasure of the office of the attorney general, and the appointments may be canceled without cause.
(3) The department must compile and maintain lists of attorneys eligible to represent the department as special assistant attorneys general. Referrals may be made from the lists and contracts entered into.
(4) Once a year, the department must provide a current copy of its lists of attorneys to the office of the attorney general and to the Washington State Bar Association.
[Statutory Authority: Chapters 51.04, 51.08, 51.12, 51.24 and 51.32 RCW and 117 Wn.2d 122 and 121 Wn.2d 304. 93-23-060, § 296-14-910, filed 11/15/93, effective 1/1/94. Statutory Authority: RCW 51.24.110. 88-08-026 (Order 88-03), § 296-14-910, filed 3/31/88.]
AMENDATORY SECTION (Amending Order 88-03, filed 3/31/88)
WAC 296-14-920 Qualifications ((criteria)) of special
assistant attorneys general. To ((qualify for the list of
attorneys from which appointments may be made to represent the
department as special assistant attorneys general, an attorney
must meet the following minimum criteria.)) be eligible for
placement on the department's lists of attorneys, an attorney
must:
(1) Be an active member of the Washington State Bar Association;
(2) Meet bar association requirements of the state the action is in, if other than Washington;
(3) Maintain a trust account in compliance with the rules of professional conduct; and
(((3))) (4) Have and maintain in force professional
liability insurance.
[Statutory Authority: RCW 51.24.110. 88-08-026 (Order 88-03), § 296-14-920, filed 3/31/88.]
AMENDATORY SECTION (Amending WSR 93-23-060, filed 11/15/93, effective 1/1/94)
WAC 296-14-930 ((Application by attorneys.)) Applying for
special assistant attorney general. (1) ((An attorney who meets
the qualification criteria may seek inclusion on the list of
attorneys by filing an application with the department.))
Application forms may be obtained from the office of the attorney
general, the Washington State Bar Association, or the department.
(2) The ((application form shall be prepared by the
department in consultation with the office of the attorney
general. The application shall require the applicant to declare
under penalty of perjury that the information is true and shall
require the applicant to inform)) applicant must:
(a) Complete the form and send it to the department; and
(b) Inform the department and the office of the attorney general immediately of any changes in his or her qualifications.
[Statutory Authority: Chapters 51.04, 51.08, 51.12, 51.24 and 51.32 RCW and 117 Wn.2d 122 and 121 Wn.2d 304. 93-23-060, § 296-14-930, filed 11/15/93, effective 1/1/94. Statutory Authority: RCW 51.24.110. 88-08-026 (Order 88-03), § 296-14-930, filed 3/31/88.]
AMENDATORY SECTION (Amending WSR 93-23-060, filed 11/15/93, effective 1/1/94)
WAC 296-14-940 ((List of attorneys.)) Removal of special
assistant attorneys general. (1) ((The department shall
determine from the application and from other sources whether an
attorney meets the criteria of WAC 296-14-920. The department
may consult with the Washington State Bar Association and the
office of the attorney general if necessary to make the
determination.
(2) The department shall compile and maintain the lists of
attorneys from which the attorney general may select special
assistant attorneys general to represent the department.
(3) The department shall, once every year, provide the
attorney general and the Washington State Bar Association with a
current copy of the lists of the attorneys.
(4) RCW 51.12.102, 51.24.110 and WAC 296-14-900 through 296-14-940 do not give the attorneys on the special assistant
attorney general lists any right to any expectation of employment
as a special assistant attorney general and/or assistant attorney
general.
(5) The designation "special assistant attorney general"
shall not be used by a private attorney on any correspondence or
pleadings relating to services, nor shall they refer to
themselves as such other than as necessary to show their
authority in a specific case to represent the department.)) RCW
51.12.102 and 51.24.110 and WAC 296-14-900 through 296-14-940 do
not give private attorneys on the special assistant attorneys
general lists any right to expect employment.
(2) Private attorneys, unless representing the department in a specific case, must not:
(a) Refer to themselves as "special assistant attorney general"; or
(b) Include this designation on any correspondence or pleadings relating to services.
(3) The department, in conjunction with the office of the attorney general and the Washington State Bar Association, may remove an attorney for cause from the lists of attorneys eligible to represent the department. Cause includes, but is not limited to:
(a) Misuse of the designation "special assistant attorney general";
(b) Lapse of any qualification; or
(c) Failure to meet performance requirements of the department contract.
(4) After one year an attorney may write to the department and request to be placed on the lists of attorneys eligible to represent the department again. The department in its discretion may place the attorney on its lists again.
(5) If the department removes an attorney from the lists a second time, or if the department decides not to place a removed attorney on its lists again, the department must notify the office of the attorney general to cancel the appointment. The department may refer the attorney to the Washington State Bar Association for consideration of disciplinary action. The attorney must reapply for appointment.
[Statutory Authority: Chapters 51.04, 51.08, 51.12, 51.24 and 51.32 RCW and 117 Wn.2d 122 and 121 Wn.2d 304. 93-23-060, § 296-14-940, filed 11/15/93, effective 1/1/94. Statutory Authority: RCW 51.24.110. 88-08-026 (Order 88-03), § 296-14-940, filed 3/31/88.]