WSR 06-13-019


[ Filed June 12, 2006, 3:40 p.m. ]



The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by July 12, 2006. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by calling (360) 664-3027, or by writing to the Solicitor General, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you will be provided with a copy of the opinion request in which you are interested; information about the attorney general's opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

The attorney general's office seeks public input on the following opinion request(s).

06-06-01 Request by Jim Honeyford, et al.
State Senator, 15th Legislative District

1. Is Ecology authorized to go beyond the conservancy board record of decision and conduct an independent factual investigation in regard to the application?

2. Does Ecology have the authority to reject a board decision based on the findings of fact if the facts are supported by evidence in the record of decision?

3. Is a board given deference in regard to its findings of fact and interpretation of the laws?

4. Is a board required to follow Ecology's policies and guidelines if those policies and guidelines have not been adopted into rules or have not been adopted by the state Legislature in statute?

5. Can Ecology's guidelines and policies that have not been adopted into rule be applied to a board decision?

Washington State Code Reviser's Office