WSR 09-18-103



[ Filed September 1, 2009, 2:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-07-101.

Title of Rule and Other Identifying Information: WAC 390-37-040 Enforcement procedures -- Procedures for filing complaints with the commission. The rule provides guidance on the process for filing a complaint alleging violations of chapter 42.17 RCW with the commission.

Hearing Location(s): Commission Hearing Room, 711 Capitol Way, Room 206, Olympia, WA 98504, on October 22, 2009, at 9:30 a.m.

Date of Intended Adoption: October 22, 2009.

Submit Written Comments to: Doug Ellis, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, e-mail, fax (360) 753-1112, by October 20, 2009.

Assistance for Persons with Disabilities: Contact Nicole Stauffer by phone (360) 753-1111 or (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amended rule would require that all complaints filed with the commission be in writing and signed by the complainant under oath. Currently, only complaints relating to elected officials or a candidate for elective office are required to be under oath. The amendments would also provide more detail on what information is to be included in complaints and supplemented if possible.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: Chapter 42.17 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The amended rule clarifies and provides guidance to persons seeking to file a complaint with the commission.

Name of Proponent: [Public disclosure commission (PDC)], governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Doug Ellis, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2735; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of the rule amendment has minimal impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of section 201. Further, the PDC does not voluntarily make section 201 applicable to the adoption of these rules pursuant to subsection (5)(a)(i) of section 201, and, to date, JARRC has not made section 201 application [applicable] to the adoption of these rules.

September 1, 2009

Douglas J. Ellis

Assistant Director


AMENDATORY SECTION(Amending WSR 03-22-065, filed 11/4/03, effective 12/5/03)

WAC 390-37-040   Enforcement procedures -- Procedures for filing complaints with the commission.   (1) A complaint filed with the commission((, relating to an elected official or a candidate for elective office,)) by a member of the public shall be in writing, and signed by the complainant under oath. "Member of the public" is any person who is not a commission staff member.

(2) ((A complaint filed with the commission, other than a complaint specified in subsection (1) of this section, shall be made in writing.

(3))) A complaint filed under ((the provisions of either)) subsection (1) ((or (2))) of this section shall include:

(a) A statement of the nature of the alleged violation or violations, date, time and place of each occurrence and name of person or persons responsible;

(b) All available documentation ((and)), other evidence and information regarding potential witnesses which the complainant is able to supply to demonstrate a reason for believing that a violation of ((the sections of)) chapter 42.17 RCW ((that are enforced by the commission)) has occurred. The complainant shall submit such information at the time of the filing of the complaint, and shall supplement such information as soon as possible if additional information becomes known to the complainant after the complaint is filed; and

(c) The name, address, telephone number, and other contact information for the complainant.

[Statutory Authority: RCW 42.17.370. 03-22-065, 390-37-040, filed 11/4/03, effective 12/5/03. Statutory Authority: RCW 42.17.370(1). 84-12-017 (Order 84-03), 390-37-040, filed 5/25/84; Order 79, 390-37-040, filed 6/25/76.]

Washington State Code Reviser's Office