reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.77 - Uniform Collaborative Law Act. › 7.77.150 - Privilege against disclosure for collaborative law communication—Admissibility—Discovery.

RCW 7.77.150
Privilege against disclosure for collaborative law communication—Admissibility—Discovery.
(1) Subject to RCW 7.77.160 and 7.77.170, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.
(2) In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
[ 2013 c 119 § 16.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.77 - Uniform Collaborative Law Act. › 7.77.160 - Waiver and preclusion of privilege.

RCW 7.77.160
Waiver and preclusion of privilege.
(1) A privilege under RCW 7.77.150 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(2) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under RCW 7.77.150, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
[ 2013 c 119 § 17.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.77 - Uniform Collaborative Law Act. › 7.77.170 - Limits of privilege.

RCW 7.77.170
Limits of privilege.
(1) There is no privilege under RCW 7.77.150 for a collaborative law communication that is:
(a) Available to the public under chapter 42.56 RCW or made during a session of a collaborative law process that is open, or is required by law to be open, to the public;
(b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or
(d) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
(2) The privileges under RCW 7.77.150 for a collaborative law communication do not apply to the extent that a communication is:
(a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process;
(b) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the child protective services agency or adult protective services agency is a party to or otherwise participates in the process; or
(c) Sought or offered to prove or disprove stalking or cyber harassment of a party or child.
(3) There is no privilege under RCW 7.77.150 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in:
(a) A court proceeding involving a felony or misdemeanor; or
(b) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.
(4) If a collaborative law communication is subject to an exception under subsection (2) or (3) of this section, only the part of the communication necessary for the application of the exception may be disclosed or admitted.
(5) Disclosure or admission of evidence excepted from the privilege under subsection (2) or (3) of this section does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
(6) The privileges under RCW 7.77.150 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
[ 2022 c 231 § 6; 2013 c 119 § 18.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.77 - Uniform Collaborative Law Act. › 7.77.180 - Authority of tribunal in case of noncompliance.

RCW 7.77.180
Authority of tribunal in case of noncompliance.
(1) If an agreement fails to meet the requirements of RCW 7.77.030, or a lawyer fails to comply with RCW 7.77.120 or 7.77.130, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) Reasonably believed they were participating in a collaborative law process.
(2) If a tribunal makes the findings specified in subsection (1) of this section, and the interests of justice require, the tribunal may:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) Apply the disqualification provisions of RCW 7.77.040, 7.77.050, 7.77.080, and 7.77.090; and
(c) Apply a privilege under RCW 7.77.150.
[ 2013 c 119 § 19.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.77 - Uniform Collaborative Law Act. › 7.77.901 - Uniformity of application and construction.

RCW 7.77.901
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2013 c 119 § 20.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.77 - Uniform Collaborative Law Act. › 7.77.902 - Relation to electronic signatures in global and national commerce act.

RCW 7.77.902
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2013 c 119 § 21.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.005 - Legislative finding—1987 c 456.

RCW 7.80.005
Legislative finding—1987 c 456.
The legislature finds that many minor offenses that are established as misdemeanors are obsolete or can be more appropriately punished by the imposition of civil fines. The legislature finds that some misdemeanors should be decriminalized to allow resources of the legal system, such as judges, prosecutors, juries, and jails, to be used to punish serious criminal behavior, since acts characterized as criminal behavior have a tremendous fiscal impact on the legal system.
The establishment of a system of civil infractions is a more expeditious and less expensive method of disposing of minor offenses and will decrease the cost and workload of the courts of limited jurisdiction.
[ 1987 c 456 § 6.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.010 - Jurisdiction of courts.

RCW 7.80.010
Jurisdiction of courts.
(1) All violations of state law, local law, ordinance, regulation, or resolution designated as civil infractions may be heard and determined by a district court, except as otherwise provided in this section.
(2) Any municipal court has the authority to hear and determine pursuant to this chapter civil infractions that are established by municipal ordinance or by local law or resolution of a transit agency authorized to issue civil infractions, and that are committed within the jurisdiction of the municipality.
(3) Any city or town with a municipal court under chapter 3.50 RCW may contract with the county to have civil infractions that are established by city or town ordinance and that are committed within the city or town adjudicated by a district court.
(4) District court commissioners have the authority to hear and determine civil infractions pursuant to this chapter.
(5) Nothing in this chapter prevents any city, town, or county from hearing and determining civil infractions pursuant to its own system established by ordinance.
[ 2009 c 279 § 2; 1987 c 456 § 9.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.020 - Issuance of process.

RCW 7.80.020
Issuance of process.
Notwithstanding any other provision of law governing service of process in civil cases, a court of limited jurisdiction having jurisdiction over an alleged civil infraction may issue process anywhere within the state.
[ 1987 c 456 § 10.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.030 - Training of judicial officers.

RCW 7.80.030
Training of judicial officers.
All judges and court commissioners adjudicating civil infractions shall complete such training requirements as are promulgated by the supreme court.
[ 1987 c 456 § 11.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.040 - "Enforcement officer" defined.

RCW 7.80.040
"Enforcement officer" defined.
As used in this chapter, "enforcement officer" means a person authorized to enforce the provisions of the title or ordinance in which the civil infraction is established.
[ 1987 c 456 § 12.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.050 - Notice of infraction—Issuance, service, filing.

RCW 7.80.050
Notice of infraction—Issuance, service, filing.
(1) A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction.
(2) A notice of civil infraction may be issued by an enforcement officer when the civil infraction occurs in the officer's presence.
(3) A court may issue a notice of civil infraction if an enforcement officer files with the court a written statement that the civil infraction was committed in the officer's presence or that the officer has reasonable cause to believe that a civil infraction was committed.
(4) Service of a notice of civil infraction issued under subsection (2) or (3) of this section shall be as provided by court rule. Until such a rule is adopted, service shall be as provided in *JTIR 2.2(c)(1) and (3), as applicable.
(5) A notice of infraction shall be filed with a court having jurisdiction within forty-eight hours of issuance, excluding Saturdays, Sundays, and holidays. A notice of infraction not filed within the time limits prescribed in this section may be dismissed without prejudice.
[ 1987 c 456 § 13.]
NOTES:
*Reviser's note: The Justice Court Traffic Infraction Rules (JTIR) were replaced by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ), effective September 1, 1992.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.060 - Person receiving notice—Identification and detention.

RCW 7.80.060
Person receiving notice—Identification and detention.
A person who is to receive a notice of civil infraction under RCW 7.80.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver's license or identicard.
A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction.
Each agency authorized to issue civil infractions shall adopt rules on identification and detention of persons committing civil infractions.
[ 1987 c 456 § 14.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.070 - Notice—Determination final unless contested—Form.

RCW 7.80.070
Notice—Determination final unless contested—Form.
(1) A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter.
(2) The form for the notice of civil infraction shall be prescribed by rule of the supreme court and shall include the following:
(a) A statement that the notice represents a determination that a civil infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;
(b) A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) A statement of the specific civil infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the civil infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the civil infraction was committed and that the person may subpoena witnesses including the enforcement officer who issued the notice of civil infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil infraction and may not subpoena witnesses;
(h) A statement that the person must respond to the notice as provided in this chapter within fifteen days;
(i) A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty and that this failure may be referred to the prosecuting attorney for criminal prosecution for failure to respond or appear;
(j) A statement that failure to respond to a notice of civil infraction or to appear at a requested hearing is a misdemeanor and may be punished by a fine or imprisonment in jail.
[ 2006 c 270 § 5; 1987 c 456 § 15.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.080 - Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear.

RCW 7.80.080
Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear.
(1) Any person who receives a notice of civil infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.
(2) If the person determined to have committed the civil infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of civil infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the civil infraction must be submitted with the response. The clerk of a court may accept cash in payment for an infraction. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records.
(3) If the person determined to have committed the civil infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than ninety days from the date of the notice of hearing, except by agreement.
(4) If the person determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than ninety days from the date of the notice of hearing, except by agreement.
(5) The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction and may notify the prosecuting attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if any person issued a notice of civil infraction:
(a) Fails to respond to the notice of civil infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section.
[ 1987 c 456 § 16.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.090 - Hearings—Rules of procedure—Counsel.

RCW 7.80.090
Hearings—Rules of procedure—Counsel.
(1) Procedures for the conduct of all hearings provided in this chapter may be established by rule of the supreme court.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) The attorney representing the state, county, city, town, or transit agency authorized to issue civil infractions may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary.
[ 2009 c 279 § 1; 1987 c 456 § 17.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.100 - Hearings—Contesting determination that infraction committed—Appeal.

RCW 7.80.100
Hearings—Contesting determination that infraction committed—Appeal.
(1) A hearing held for the purpose of contesting the determination that a civil infraction has been committed shall be without a jury and shall be recorded in the manner provided for in courts of limited jurisdiction.
(2) The court may consider the notice of civil infraction and any other written report made under oath submitted by the enforcement officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may request the court for issuance of subpoena of witnesses, including the enforcement officer who issued the notice, and has the right to present evidence and examine witnesses present in court.
(3) The burden of proof is upon the state to establish the commission of the civil infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument, the court shall determine whether the civil infraction was committed. Where it has not been established that the civil infraction was committed, an order dismissing the notice shall be entered in the court's records. Where it has been established that the civil infraction was committed, an appropriate order shall be entered in the court's records.
(5) An appeal from the court's determination or order shall be to the superior court in the manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the superior court is subject only to discretionary review pursuant to the Rules of Appellate Procedure.
[ 1987 c 456 § 18.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.110 - Hearings—Explanation of mitigating circumstances.

RCW 7.80.110
Hearings—Explanation of mitigating circumstances.
(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of a civil infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order shall be entered in the court's records.
(3) There is no appeal from the court's determination or order.
[ 1987 c 456 § 19.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.130 - Order of court—Civil nature—Modification of penalty—Community restitution.

RCW 7.80.130
Order of court—Civil nature—Modification of penalty—Community restitution.
(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
(2) The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.
[ 2002 c 175 § 1; 1987 c 456 § 21.]
NOTES:
Effective date—2002 c 175: "This act takes effect July 1, 2002." [ 2002 c 175 § 53.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.140 - Costs and attorney fees.

RCW 7.80.140
Costs and attorney fees.
Each party to a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a nonprevailing respondent. Attorney fees may be awarded to either party in a civil infraction case.
[ 1987 c 456 § 22.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.160 - Failure to exercise notice options—Failure to satisfy penalty.

RCW 7.80.160
Failure to exercise notice options—Failure to satisfy penalty.
(1) Any person who, after receiving a statement of the options provided in this chapter for responding to the notice of civil infraction and the procedures necessary to exercise these options, fails to exercise one of the options in a timely manner is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A notice of civil infraction may be complied with by an appearance by counsel.
(2) A person who willfully fails to pay a monetary penalty or to perform community restitution as required by a court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW.
[ 2006 c 270 § 6; 2002 c 175 § 2; 1989 c 373 § 12; 1987 c 456 § 24.]
NOTES:
Effective date—2002 c 175: See note following RCW 7.80.130.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.900 - Decriminalization of certain municipal ordinances.

RCW 7.80.900
Decriminalization of certain municipal ordinances.
Any municipal criminal ordinance in existence on the January 1, 1989, which is the same as or substantially similar to a statute which is decriminalized by sections 25 through 30 and 32, chapter 456, Laws of 1987 is deemed to be civil in nature and shall be punished as provided in this chapter.
[ 1987 c 456 § 31.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.80 - Civil Infractions. › 7.80.901 - Effective date—1987 c 456 §§ 9-31.

RCW 7.80.901
Effective date—1987 c 456 §§ 9-31.
Sections 9 through 31 of this act shall take effect January 1, 1989.
[ 1987 c 456 § 34.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.010 - Legislative declaration.

RCW 7.84.010
Legislative declaration.
The legislature declares that decriminalizing certain offenses contained in Titles *75, 76, 77, 79, and 79A RCW and chapter 43.30 RCW and any rules adopted pursuant to those titles and chapters would promote the more efficient administration of those titles and chapters. The purpose of this chapter is to provide a just, uniform, and efficient procedure for adjudicating those violations which, in any of these titles and chapters or rules adopted under these chapters or titles, are declared not to be criminal offenses. The legislature respectfully requests the supreme court to prescribe any rules of procedure necessary to implement this chapter.
[ 1999 c 249 § 502; 1993 c 244 § 2; 1987 c 380 § 1.]
NOTES:
*Reviser's note: Title 75 RCW was recodified, repealed, or decodified in its entirety by 2000 c 107. See Comparative Table for Title 75 RCW, in the Table of Disposition of Former RCW Sections.
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.020 - "Infraction" defined.

RCW 7.84.020
"Infraction" defined.
The definition in this section applies throughout this chapter unless the context clearly requires otherwise.
"Infraction" means an offense which, by the terms of Title 76, 77, 79, or 79A RCW or RCW 7.84.030(2)(b) and rules adopted under these titles and section, is declared not to be a criminal offense and is subject to the provisions of this chapter.
[ 2012 c 176 § 2; 2003 c 39 § 3; 1999 c 249 § 503; 1993 c 244 § 3; 1987 c 380 § 2.]
NOTES:
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.030 - Notice of infraction—Issuance—Authorization for detention for a reasonable period—Service—Filing.

RCW 7.84.030
Notice of infraction—Issuance—Authorization for detention for a reasonable period—Service—Filing.
(1) An infraction proceeding is initiated by the issuance and service of a printed notice of infraction and filing of a printed or electronic copy of the notice of infraction.
(2)(a) A notice of infraction may be issued by a person authorized to enforce the provisions of the title or chapter in which the infraction is established, or by a person authorized by an interlocal agreement entered into under RCW 7.84.140, when the infraction occurs in that person's presence.
(b) A person who is a peace officer as defined in chapter 10.93 RCW may detain the person receiving the infraction for a reasonable period of time necessary to identify the person, check for outstanding warrants, and complete and issue a notice of infraction under RCW 7.84.050. A person who is to receive a notice of infraction is required to identify himself or herself to the peace officer by giving the person's name, address, and date of birth. Upon request, the person shall produce reasonable identification, which may include a driver's license or identicard. Any person who fails to comply with the requirement to identify himself or herself and give the person's current address may be found to have committed an infraction.
(3) A court may issue a notice of infraction if a person authorized to enforce the provisions of the title or chapter in which the infraction is established, or by a person authorized by an interlocal agreement entered into under RCW 7.84.140, files with the court a written statement that the infraction was committed in that person's presence or that the officer has reason to believe an infraction was committed.
(4) Service of a notice of infraction issued under subsection (2) or (3) of this section shall be as provided by court rule.
(5) A notice of infraction shall be filed with a court having jurisdiction within five days of issuance, excluding Saturdays, Sundays, and holidays.
[ 2012 c 176 § 1; 2011 c 320 § 14; 2009 c 174 § 1; 2004 c 43 § 2; 1987 c 380 § 3.]
NOTES:
Effective date—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.
Effective date—2004 c 43: See note following RCW 7.80.150.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.040 - Jurisdiction of court—Venue.

RCW 7.84.040
Jurisdiction of court—Venue.
(1) Infraction proceedings may be heard and determined by a district court.
(2) Infraction proceedings shall be brought in the district court district in which the infraction occurred. If an infraction takes place in the offshore waters, as defined in RCW 77.08.010, the infraction proceeding may be brought in any county bordering on the Pacific Ocean.
[ 2003 c 39 § 4; 1987 c 380 § 4.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.050 - Notice—Determination final unless contested—Form.

RCW 7.84.050
Notice—Determination final unless contested—Form.
(1) A notice of infraction represents a determination that an infraction has been committed. The determination shall be final unless contested as provided in this chapter.
(2) The form for the notice of infraction shall be prescribed by rule of the supreme court and shall include the following:
(a) A statement that the notice represents a determination that an infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
(b) A statement that an infraction is a noncriminal offense for which imprisonment will not be imposed as a sanction;
(c) A statement of the specific infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(f) A statement that at any hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person shall be deemed to have committed the infraction and shall not subpoena witnesses;
(h) A statement that failure to respond to a notice of infraction within fifteen days is a misdemeanor and may be punished by fine or imprisonment; and
(i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances is a misdemeanor and may be punished by fine or imprisonment.
[ 2006 c 270 § 7; 1987 c 380 § 5.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.060 - Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear—Penalty.

RCW 7.84.060
Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear—Penalty.
(1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.
(2) If the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction shall be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records.
(3) If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.
(5) If any person issued a notice of infraction: (a) Fails to respond to the notice of infraction as provided in subsection (2) of this section, or (b) fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section, the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and any other penalty authorized by this chapter. In addition, failure to respond to a notice of infraction, as required by this chapter, and failure to appear at a hearing requested pursuant to subsection (3) or (4) of this section are each punishable as a misdemeanor under chapter 9A.20 RCW.
[ 1987 c 380 § 6.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.070 - Hearing—Rules of procedure—Counsel.

RCW 7.84.070
Hearing—Rules of procedure—Counsel.
(1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of the supreme court.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) The attorney representing the state, county, city, town, or agency authorized to issue an infraction as defined in RCW 7.84.020 may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary.
[ 2020 c 38 § 5; 1987 c 380 § 7.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.080 - Hearing—Contesting determination that infraction committed—Appeal.

RCW 7.84.080
Hearing—Contesting determination that infraction committed—Appeal.
(1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.
(2) The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court. The rules of evidence shall apply to contested hearings.
(3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed, the court may assess a monetary penalty not exceeding that provided for the infraction in the applicable court rule or statute and shall enter an appropriate order.
(5) An appeal from the court's determination or order shall be to the superior court. A defendant may appeal a judgment entered after a contested hearing finding that the defendant has committed the infraction. The plaintiff may appeal a decision which in effect abates, discontinues, or determines the case other than by a judgment that the defendant has not committed an infraction. No other orders or judgments are appealable by either party. The decision of the superior court is subject only to discretionary review pursuant to the rules of appellate procedure.
[ 1987 c 380 § 8.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.090 - Hearing—Explanation of mitigating circumstances.

RCW 7.84.090
Hearing—Explanation of mitigating circumstances.
(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed shall not be contested at a hearing held for the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction, it may assess a monetary penalty not exceeding that provided for the infraction in rules adopted pursuant to this chapter and shall enter an appropriate order.
(3) There may be no appeal from the court's determination or order.
[ 1987 c 380 § 9.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.100 - Monetary penalties.

RCW 7.84.100
Monetary penalties.
(1) A person found to have committed an infraction shall be assessed a monetary penalty. No penalty may exceed five hundred dollars for each offense unless specifically authorized by statute.
(2) The supreme court may prescribe by rule a schedule of monetary penalties for designated infractions. The legislature requests the supreme court to adjust this schedule every two years for inflation. The maximum penalty imposed by the schedule shall be five hundred dollars per infraction and the minimum penalty imposed by the schedule shall be ten dollars per infraction. This schedule may be periodically reviewed by the legislature and is subject to its revision.
(3) Whenever a monetary penalty is imposed by a court under this chapter, it is immediately payable. If the person is unable to pay at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid.
(4)(a) The county treasurer shall remit seventy-five percent of the money received under RCW 79A.80.080(5) to the state treasurer.
(b) Money remitted under this subsection to the state treasurer must be deposited in the recreation access pass account established under RCW 79A.80.090. The balance of the noninterest money received by the county treasurer must be deposited in the county current expense fund.
[ 2020 c 268 § 1; 2012 c 262 § 2; 1987 c 380 § 10.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.110 - Order of court—Civil nature—Modification of penalty—Community restitution.

RCW 7.84.110
Order of court—Civil nature—Modification of penalty—Community restitution.
(1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances, is civil in nature.
(2) The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request, the court may order performance of a number of hours of community restitution in lieu of a monetary penalty, at the rate of the then state minimum wage per hour.
[ 2002 c 175 § 3; 1987 c 380 § 11.]
NOTES:
Effective date—2002 c 175: See note following RCW 7.80.130.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.120 - Issuance of process.

RCW 7.84.120
Issuance of process.
A court of limited jurisdiction having jurisdiction over an alleged infraction may issue process anywhere within the state.
[ 1987 c 380 § 12.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.130 - Failure to pay or complete community restitution—Penalty.

RCW 7.84.130
Failure to pay or complete community restitution—Penalty.
(1) Failure to pay a monetary penalty assessed by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.
(2) Failure to complete community restitution ordered by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW.
[ 2002 c 175 § 4; 1987 c 380 § 13.]
NOTES:
Effective date—2002 c 175: See note following RCW 7.80.130.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.140 - Authority to delegate or accept enforcement authority over natural resource infractions.

RCW 7.84.140
Authority to delegate or accept enforcement authority over natural resource infractions.
The director chosen by the state parks and recreation commission, the commissioner of public lands, and the director of the department of fish and wildlife are each authorized to delegate and accept enforcement authority over natural resource infractions to or from the other agencies through an agreement entered into under the interlocal cooperation act, chapter 39.34 RCW.
[ 2011 c 320 § 13.]
NOTES:
Effective date—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.84 - Natural Resource Infractions. › 7.84.900 - Effective date—1987 c 380.

RCW 7.84.900
Effective date—1987 c 380.
This act shall take effect January 1, 1988.
[ 1987 c 380 § 21.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.88 - Confidentiality of Financial Institution Compliance Review Information. › 7.88.005 - Findings.

RCW 7.88.005
Findings.
The legislature finds and declares that efforts by financial institutions to comply voluntarily with state and federal statutory and regulatory requirements are vital to the public interest; that possible discovery and use in civil litigation of work produced in connection with such voluntary compliance efforts has an undesirable chilling effect on the use, scope, and effectiveness of voluntary compliance efforts by financial institutions; and that the public interest in encouraging aggressive voluntary compliance review outweighs the value of this work product in civil litigation.
[ 1997 c 435 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.88 - Confidentiality of Financial Institution Compliance Review Information. › 7.88.010 - Definitions.

RCW 7.88.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affiliate" means any person that controls, is controlled by, or is under common control with a financial institution.
(2) "Civil action" means a civil proceeding pending in a court or other adjudicatory tribunal with jurisdiction to issue a request or subpoena for records, including a voluntary or mandated alternative dispute resolution mechanism under which a party may compel the production of records. "Civil action" does not include an examination or enforcement proceeding initiated by a governmental agency with primary regulatory jurisdiction over a financial institution in possession of a compliance review document.
(3) "Compliance review personnel" means a person or persons assigned and directed by the board of directors or management of a financial institution or affiliate to conduct a compliance review, and any person engaged or assigned by compliance review personnel or by the board of directors or management to assist in a compliance review.
(4) "Compliance review" means a self-critical analysis conducted by compliance review personnel to test, review, or evaluate past conduct, transactions, policies, or procedures for the purpose of confidentially (a) ascertaining, monitoring, or remediating violations of applicable state and federal statutes, rules, regulations, or mandatory policies, statements, or guidelines, (b) assessing and improving loan quality, loan underwriting standards, or lending practices, or (c) assessing and improving financial reporting to federal or state regulatory agencies.
(5) "Compliance review document" means any record prepared or created by compliance review personnel in connection with a compliance review. "Compliance review document" includes any documents created or data generated in the course of conducting a compliance review, but does not include other underlying documents, data, or factual materials that are the subject of, or source materials for, the compliance review, including any documents in existence prior to the commencement of the compliance review that are not themselves compliance review documents related to a past compliance review.
(6) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized by federal or state law to accept deposits in this state.
(7) "Person" means an individual, group, committee, partnership, firm, association, corporation, limited liability company, or other entity, including a financial institution or affiliate and its agents, employees, legal counsel, auditors, and consultants.
[ 1997 c 435 § 2.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.88 - Confidentiality of Financial Institution Compliance Review Information. › 7.88.020 - Compliance review document confidentiality—Civil actions—Immunity of compliance review personnel from compulsory testimony.

RCW 7.88.020
Compliance review document confidentiality—Civil actions—Immunity of compliance review personnel from compulsory testimony.
Except as provided in RCW 7.88.030:
(1) Compliance review documents are confidential and are not discoverable or admissible as evidence in any civil action.
(2) Compliance review personnel shall not be required to testify at deposition or trial in any civil action concerning the contents of or matters addressed in any compliance review or any compliance review documents, nor as to the actions or activities undertaken by or at the direction of the financial institution or affiliate in connection with a compliance review.
[ 1997 c 435 § 3.]