reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.049 - Restrictions on subsistence, lodging, or travel—Exceptions.

RCW 43.03.049
Restrictions on subsistence, lodging, or travel—Exceptions.
Exceptions to restrictions on subsistence, lodging, or travel expenses under this chapter may be granted for the critically necessary work of an agency. For boards, commissions, councils, committees, or similar groups in agencies of the executive branch, the exceptions are subject to approval by the agency head or authorized designee. For boards, commissions, councils, committees, or similar groups in the executive branch under the purview of a separately elected official, president of an institution of higher education, chair, or executive director, the exceptions are subject to approval of the separately elected official, president of the institution of higher education, chair, or executive director. For agencies of the judicial branch, the exceptions shall be subject to approval of the chief justice of the supreme court. For the house of representatives and the senate, the exceptions shall be subject to the approval of the chief clerk of the house of representatives and the secretary of the senate, respectively, under the direction of the senate committee on facilities and operations and the executive rules committee of the house of representatives. For other legislative agencies, the exceptions shall be subject to approval of both the chief clerk of the house of representatives and the secretary of the senate under the direction of the senate committee on facilities and operations and the executive rules committee of the house of representatives.
[ 2019 c 147 § 2; 2011 1st sp.s. c 21 § 63.]
NOTES:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.060 - Mileage allowance.

RCW 43.03.060
Mileage allowance.
(1) Whenever it becomes necessary for elective or appointive officials or employees of the state to travel away from their designated posts of duty while engaged on official business, and it is found to be more advantageous or economical to the state that travel be by a privately-owned vehicle rather than a common carrier or a state-owned or operated vehicle, a mileage rate established by the director of financial management shall be allowed. The mileage rate established by the director shall not exceed any rate set by the United States treasury department above which the substantiation requirements specified in Treasury Department Regulations section 1.274-5T(a)(1), as now law or hereafter amended, will apply.
(2) The director of financial management may prescribe and regulate the specific mileage rate or other allowance for the use of privately-owned vehicles or common carriers on official business and the conditions under which reimbursement of transportation costs may be allowed. The reimbursement or other payment for transportation expenses of any employee or appointive official of the state shall be based on the method deemed most advantageous or economical to the state.
(3) The mileage rate established by the director of financial management pursuant to this section and any subsequent changes thereto shall be reported to the ways and means committees of the house of representatives and the senate at each regular session of the legislature.
(4) No person designated as a member of a class one through class three or class five board, commission, council, committee, or similar group may receive an allowance for subsistence, lodging, or travel expenses if the allowance cost is funded by the state general fund, unless authorized under RCW 43.03.220 or granted an exception under RCW 43.03.049.
[ 2022 c 245 § 6; 2011 1st sp.s. c 21 § 62; 1990 c 30 § 2; 1983 1st ex.s. c 29 § 2; 1979 c 151 § 84; 1977 ex.s. c 312 § 2; 1975-'76 2nd ex.s. c 34 § 95; 1974 ex.s. c 157 § 1; 1967 ex.s. c 16 § 4; 1965 c 8 § 43.03.060. Prior: 1949 c 17 § 2; 1943 c 86 § 2; Rem. Supp. 1949 § 10981-2.]
NOTES:
Findings—2022 c 245: See note following RCW 43.03.220.
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—Construction—1977 ex.s. c 312: See note following RCW 43.03.050.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.062 - State convention and trade center employees—Travel expenses.

RCW 43.03.062
State convention and trade center employees—Travel expenses.
Notwithstanding any provision of this chapter, employees of the corporation formed under *RCW 67.40.020 shall be reimbursed for actual and reasonable travel and subsistence expenses incurred out of state for the purpose of marketing the convention center as may be requested or performed by the chief executive officer of the corporation subject to approval of the office of financial management. Reimbursement under this section may not be for promotional hosting expenditures.
[ 1985 c 233 § 4.]
NOTES:
*Reviser's note: RCW 67.40.020 was repealed by 2010 1st sp.s. c 15 § 15, effective December 30, 2010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.065 - Subsistence and lodging expenses—Direct payment to suppliers authorized.

RCW 43.03.065
Subsistence and lodging expenses—Direct payment to suppliers authorized.
The allowances prescribed pursuant to RCW 43.03.050 as now or hereafter amended may be paid as reimbursements to individuals for subsistence and lodging expenses during official travel. Alternatively, amounts not exceeding those allowances may be paid directly to appropriate suppliers of subsistence and lodging, when more economical and advantageous to the state, under general rules and regulations adopted by the director of financial management with the advice of the state auditor. Payments to suppliers for subsistence and lodging expenses of individuals in travel status shall not result in a cost to the state in excess of what would be payable by way of reimbursements to the individuals involved.
[ 1979 c 151 § 85; 1977 ex.s. c 312 § 4.]
NOTES:
Effective date—Construction—1977 ex.s. c 312: See note following RCW 43.03.050.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.110 - Moving expenses of employees.

RCW 43.03.110
Moving expenses of employees.
Whenever it is reasonably necessary to the successful performance of the required duty of a state office, commission, department or institution to transfer a deputy or other employee from one station to another within the state, thereby necessitating a change of such deputy's or employee's domicile, it shall be lawful for such office, commission, department or institution to move such deputy's or employee's household goods and effects to the new station at the expense of the state, or to defray the actual cost of such removal by common carrier, or otherwise, at the expense of the state, in which latter event reimbursement to the deputy or employee shall be upon voucher submitted by him or her and approved by the department head.
[ 2009 c 549 § 5008; 1967 ex.s. c 16 § 1; 1965 c 8 § 43.03.110. Prior: 1943 c 128 § 1; Rem. Supp. 1943 § 9948-1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.120 - Moving expenses of new employees.

RCW 43.03.120
Moving expenses of new employees.
Any state office, commission, department or institution may also pay the moving expenses of a new employee, necessitated by his or her acceptance of state employment, pursuant to mutual agreement with such employee in advance of his or her employment. Payment for all expenses authorized by RCW 43.03.060, 43.03.110 through 43.03.210 including moving expenses of new employees, exempt or classified, and others, shall be subject to reasonable rules adopted by the director of financial management, including regulations defining allowable moving costs: PROVIDED, That, if the new employee terminates or causes termination of his or her employment with the state within one year of the date of employment, the state shall be entitled to reimbursement for the moving costs which have been paid and may withhold such sum as necessary therefor from any amounts due the employee.
[ 2011 1st sp.s. c 43 § 452; 2009 c 549 § 5009; 1979 c 151 § 86; 1967 ex.s. c 16 § 2.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.125 - Relocation compensation for domiciliary moves.

RCW 43.03.125
Relocation compensation for domiciliary moves.
An agency may, within existing resources, authorize lump sum relocation compensation when it determines it is necessary to successfully recruit and retain qualified candidates who will have to make a domiciliary move in order to accept the position. It is lawful for a state office, commission, department, or institution to, within existing resources, authorize lump sum relocation compensation as authorized by rule under chapter 41.06 RCW and in accordance with the provisions of chapter 43.88 RCW. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation.
[ 1999 c 297 § 2.]
NOTES:
Findings—1999 c 297: "The legislature finds that recruiting and retaining a highly qualified workforce is essential to deliver high quality public programs. One factor that impairs recruitment or transfer of public employees is the housing cost differential between the rural and urban areas of the state. This housing cost differential can cause state employees to decline promotional or transfer opportunities if the costs associated with such moves are not compensated.
Therefore, the legislature finds that it is in the interest of the citizens of the state of Washington to authorize an employing agency to offer assistance to state employees to relocate from one part of the state to another. This assistance is referred to as relocation compensation and is commonplace with private and federal government employers." [ 1999 c 297 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.130 - Travel expenses of prospective employees.

RCW 43.03.130
Travel expenses of prospective employees.
Any state office, commission, department or institution may agree to pay the travel expenses of a prospective employee as an inducement for such applicant to travel to a designated place to be interviewed by and for the convenience of such agency. Travel expenses authorized for prospective employees called for interviews shall be payable at rates in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. When an applicant is called to be interviewed by or on behalf of more than one agency, the authorized travel expenses may be paid directly by the authorizing personnel department or agency, subject to reimbursement from the interviewing agencies on a pro rata basis.
In the case of both classified and exempt positions, such travel expenses will be paid only for applicants being considered for the positions of director, deputy director, assistant director, or supervisor of state departments, boards or commissions; or equivalent or higher positions; or engineers, or other personnel having both executive and professional status. In the case of the state investment board, such travel expenses may also be paid for applicants being considered for investment officer positions. In the case of four-year institutions of higher education, such travel expenses will be paid only for applicants being considered for academic positions above the rank of instructor or professional or administrative employees in supervisory positions. In the case of community and technical colleges, such travel expenses may be paid for applicants being considered for full-time faculty positions or administrative employees in supervisory positions.
[ 2011 1st sp.s. c 43 § 453; 2000 c 153 § 1; 1993 c 93 § 1; 1975-'76 2nd ex.s. c 34 § 96; 1967 ex.s. c 16 § 3.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.150 - Advance payment of travel expenses—Authorized.

RCW 43.03.150
Advance payment of travel expenses—Authorized.
Whenever it becomes necessary for an elective or appointive official or employee of the state to travel and to incur expenses for which reimbursement may be made, it shall be the policy of the state to make reasonable allowances to such officers and employees in advance of expenditure, on request of such officer or employee, under appropriate rules and regulations prescribed by the director of financial management.
[ 1979 c 151 § 87; 1967 ex.s. c 16 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.160 - Advance payment of travel expenses—"Department" defined.

RCW 43.03.160
Advance payment of travel expenses—"Department" defined.
"Department", as used herein, shall mean every department, office, agency or institution of state government.
[ 1967 ex.s. c 16 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.170 - Advance payment of travel expenses—Advance warrants—Issuance—Limitations.

RCW 43.03.170
Advance payment of travel expenses—Advance warrants—Issuance—Limitations.
The head of any state department may issue an advance warrant on the request of any officer or employee for the purpose of defraying his or her anticipated reimbursable expenses while traveling on business of such state department away from his or her designated post of duty, except expenses in connection with the use of a personal automobile. The amount of such advance shall not exceed the amount of such reasonably anticipated expenses of the officer or employee to be necessarily incurred in the course of such business of the state for a period of not to exceed ninety days. Department heads shall establish written policies prescribing a reasonable amount for which such warrants may be written.
[ 2009 c 549 § 5010; 1979 ex.s. c 71 § 1; 1967 ex.s. c 16 § 8.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.180 - Advance payment of travel expenses—Itemized travel expense voucher to be submitted—Repayment of unexpended portion of advance—Default.

RCW 43.03.180
Advance payment of travel expenses—Itemized travel expense voucher to be submitted—Repayment of unexpended portion of advance—Default.
On or before the tenth day following each month in which such advance was furnished to the officer or employee, he or she shall submit to the head of his or her department a fully itemized travel expense voucher fully justifying the expenditure of such advance or whatever part thereof has been expended, for legally reimbursable items on behalf of the state. Any unexpended portion of such advance shall be returned to the agency at the close of the authorized travel period. Payment shall accompany such itemized voucher at the close of the travel period; and may be made by check or similar instrument payable to the department. Any default in accounting for or repaying an advance shall render the full amount which is unpaid immediately due and payable with interest at the rate of ten percent per annum from the date of default until paid.
[ 2009 c 549 § 5011; 1967 ex.s. c 16 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.190 - Advance payment of travel expenses—Lien against and right to withhold funds payable until proper accounting or repaying of advance made.

RCW 43.03.190
Advance payment of travel expenses—Lien against and right to withhold funds payable until proper accounting or repaying of advance made.
To protect the state from any losses on account of advances made as provided in RCW 43.03.150 through 43.03.210, the state shall have a prior lien against and a right to withhold any and all funds payable or to become payable by the state to such officer or employee to whom such advance has been given as provided in RCW 43.03.150 through 43.03.210, up to the amount of such advance and interest at the rate of ten percent per annum, until such time as repayment or justification has been made.
[ 1979 ex.s. c 71 § 2; 1967 ex.s. c 16 § 10.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.200 - Advance payment of travel expenses—Advances construed.

RCW 43.03.200
Advance payment of travel expenses—Advances construed.
An advance made under RCW 43.03.150 through 43.03.210 shall be considered as having been made to such officer or employee to be expended by him or her as an agent of the state for state purposes only, and specifically to defray necessary costs while performing his or her official duties. No such advance shall be considered for any purpose as a loan to such officer or employee, and any unauthorized expenditure of such funds shall be considered a misappropriation of state funds by a custodian of such funds.
[ 2009 c 549 § 5012; 1967 ex.s. c 16 § 11.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.210 - Advance payment of travel expenses—Director of financial management to prescribe rules and regulations to carry out RCW 43.03.150 through 43.03.210.

RCW 43.03.210
Advance payment of travel expenses—Director of financial management to prescribe rules and regulations to carry out RCW 43.03.150 through 43.03.210.
The director of financial management may prescribe rules and regulations to assist in carrying out the purposes of RCW 43.03.150 through 43.03.210 including regulation of travel by officers and employees and the conditions under which per diem and mileage shall be paid, so as to improve efficiency and conserve funds and to insure proper use and accountability of travel advances strictly in the public interest and for public purposes only.
[ 1979 c 151 § 88; 1967 ex.s. c 16 § 12.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.270 - Guidelines for providing stipends and allowances to class one group members.

RCW 43.03.270
Guidelines for providing stipends and allowances to class one group members.
(1) By December 1, 2022, the office of equity shall develop uniform equity-driven guidelines for agencies on the issuance of stipends and allowances authorized under RCW 43.03.220 to provide for consistent application of the law. In developing the guidelines, the office of equity shall consult with stakeholders including, but not limited to, state agencies and impacted communities. The guidelines for providing allowances must include the reasonable allowances as prescribed by the office of financial management under RCW 43.03.050.
(2) Agencies exercising their authority under RCW 43.03.220 to provide stipends or allowances to members of class one groups shall adhere to the guidelines established under subsection (1) of this section.
[ 2022 c 245 § 3.]
NOTES:
Findings—2022 c 245: See note following RCW 43.03.220.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.2705 - Reports on stipends and allowances to class one group members.

RCW 43.03.2705
Reports on stipends and allowances to class one group members.
(1) An agency exercising its authority to provide stipends under RCW 43.03.220(2) must report to the Washington state office of equity by August 30, 2023, and August 30, 2024, for state fiscal years 2023 and 2024 respectively, the following information:
(a) A brief description of the groups for which stipends have been made available including:
(i) Number of members receiving a stipend or allowance; and
(ii) Aggregate demographic information of members of class one groups including race, ethnicity, income, and geographic representation by county;
(b) The amount of stipends distributed;
(c) The amount of allowances distributed;
(d) An analysis of whether and how the availability of stipends and allowances has reduced barriers to participation and increased the diversity of group participants; and
(e) An analysis of whether the provision of stipends and allowances resulted in more applications and willingness to participate.
(2) The Washington state office of equity shall:
(a) Compile and analyze the information received from agencies under this section; and
(b) Prepare a report, in compliance with RCW 43.01.036, to the governor and legislature by December 1, 2024. The report must include:
(i) An overall evaluation of the stipend process authorized in RCW 43.03.220(2);
(ii) Recommendations for improving the process; and
(iii) Recommendations to further decrease barriers to participation and increase the diversity of group applicants.
[ 2022 c 245 § 7.]
NOTES:
Findings—2022 c 245: See note following RCW 43.03.220.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.300 - Salaries of elected state officials—Legislative declaration—Purpose.

RCW 43.03.300
Salaries of elected state officials—Legislative declaration—Purpose.
The legislature hereby declares it to be the policy of this state to base salaries of elected state officials on realistic standards in order that such officials may be paid according to the duties of their offices and so that citizens of the highest quality may be attracted to public service. It is the purpose of RCW 43.03.300 through 43.03.310 to effectuate this policy by creating a citizens' commission to establish proper salaries for such officials, thus removing political considerations in fixing the appropriateness of the amount of such salaries.
[ 1986 c 155 § 1.]
NOTES:
Contingent effective date—1986 c 155: "This act shall take effect on January 1, 1987, if the proposed amendment to Article XXVIII of the state Constitution establishing an exclusive process for changes in the salaries of members of the legislature and other elected state officials is validly submitted and is approved and ratified by the voters at a general election held in November, 1986. If such proposed amendment is not so submitted and approved and ratified, this act shall be null and void in its entirety." [ 1986 c 155 § 16.] 1986 House Joint Resolution No. 49 was approved at the November 1986 general election. See Article XXVIII, section 1 and Amendment 78 of the state Constitution.
Severability—1986 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 155 § 15.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.03 - Salaries and Expenses. › 43.03.3051 - Elected officials—Voluntary salary reduction.

RCW 43.03.3051
Elected officials—Voluntary salary reduction.
(1) From July 1, 2011, through June 29, 2013, any state elected official of the executive branch may voluntarily reduce his or her salary from that established pursuant to Article XXVIII, section 1 of the state Constitution by three percent.
(2) The department of personnel and office of financial management shall develop a form to be used by any state elected official of the executive branch to execute the salary reduction under subsection (1) of this section through the state's central personnel payroll system.
(3) A voluntary reduction in salary shall be effective and continue through June 29, 2013, unless the state elected official of the executive branch directs in writing that the department of personnel discontinue the reduction.
[ 2011 1st sp.s. c 39 § 2.]
NOTES:
Effective date—2011 1st sp.s. c 39: See note following RCW 41.04.820.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.04 - Use of State Seal. › 43.04.010 - Legislative findings.

RCW 43.04.010
Legislative findings.
The legislature finds that the seal of the state of Washington is a symbol of the authority and sovereignty of the state and is a valuable asset of its people. It is the intent of the legislature to ensure that appropriate uses are made of the state seal and to assist the secretary of state in the performance of the secretary's constitutional duty as custodian of the seal.
[ 1988 c 120 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.04 - Use of State Seal. › 43.04.020 - Definitions.

RCW 43.04.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "State seal" means the seal of the state as described in Article XVIII, section 1 of the state Constitution and in RCW 1.20.080.
(2) "Secretary" means the secretary of state and any designee of the secretary of state.
[ 1988 c 120 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.04 - Use of State Seal. › 43.04.030 - Use of state seal—Official purposes.

RCW 43.04.030
Use of state seal—Official purposes.
Except as otherwise provided in this chapter, the state seal shall be used for official purposes only.
[ 1988 c 120 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.04 - Use of State Seal. › 43.04.040 - Use of state seal—Commemorative and souvenir items—Historical, educational, and civil purposes—Application—Fee—Licensing agreements—Rules.

RCW 43.04.040
Use of state seal—Commemorative and souvenir items—Historical, educational, and civil purposes—Application—Fee—Licensing agreements—Rules.
(1) The secretary of state may authorize the use of the state seal on commemorative and souvenir items, and for historical, educational, and civic purposes. Such authorization shall be in writing.
(2) Application for such authorization shall be in writing and shall be accompanied by a filing fee, the amount of which shall be determined by the secretary of state. The secretary shall set the fee at a level adequate to cover the administrative costs of processing the applications.
(3) If the secretary determines that a permitted use of the seal could financially benefit the state, the secretary may condition authorization upon a licensing agreement to secure those benefits for the state.
(4) The secretary of state shall adopt rules under chapter 34.05 RCW to govern the use of the seal in a manner consistent with this chapter. Any rule governing the use of the seal shall be designed to prevent inappropriate or misleading use of the seal and to assure tasteful and high quality reproduction of the seal. The rules shall also prescribe the circumstances when a licensing arrangement shall be required and the method for determining licensing fees.
[ 1988 c 120 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.04 - Use of State Seal. › 43.04.050 - Use of state seal—Prohibitions—Imitations.

RCW 43.04.050
Use of state seal—Prohibitions—Imitations.
(1) Except as otherwise provided in RCW 43.04.040, the state seal shall not be used on or in connection with any advertising or promotion for any product, business, organization, service, or article whether offered for sale for profit or offered without charge.
(2) The state seal shall never be used in a political campaign to assist or defeat any candidate for elective office.
(3) It is a violation of this chapter to use any symbol that imitates the seal or that is deceptively similar in appearance to the seal, in any manner that would be an improper use of the official seal itself.
(4) Nothing in this chapter shall prohibit the reproduction of the state seal for illustrative purposes by the news media if the reproduction by the news media is incidental to the publication or the broadcast. Nothing in this chapter shall prohibit a characterization of the state seal from being used in political cartoons.
[ 1988 c 120 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.04 - Use of State Seal. › 43.04.060 - Endorsements prohibited.

RCW 43.04.060
Endorsements prohibited.
No use of the state seal may operate or be construed to operate in any way as an endorsement of any business, organization, product, service, or article.
[ 1988 c 120 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.04 - Use of State Seal. › 43.04.070 - Civil penalties—Injunctions.

RCW 43.04.070
Civil penalties—Injunctions.
Any person who violates RCW 43.04.050 (1) or (3) by using the state seal or an imitative or deceptively similar seal on or in connection with any product, business, organization, service, or article shall be liable for damages in a suit brought by the attorney general. The damages shall be equal to the gross monetary amount gained by the misuse of the state seal or the use of the imitative or deceptively similar seal, plus attorney's fees and other costs of the state in bringing the suit. The "gross monetary amount" is the total of the gross receipts that can be reasonably attributed to the misuse of the seal or the use of an imitative or deceptively similar seal. In addition to the damages, the violator is subject to a civil penalty imposed by the court in an amount not to exceed five thousand dollars. In imposing this penalty, the court shall consider the need to deter further violations of this chapter.
The attorney general may seek and shall be granted such injunctive relief as is appropriate to stop or prevent violations of this chapter.
[ 1988 c 120 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.04 - Use of State Seal. › 43.04.100 - Deposit of fees, penalties, and damages—Use.

RCW 43.04.100
Deposit of fees, penalties, and damages—Use.
All fees, penalties, and damages received under this chapter shall be paid to the secretary of state and with the exception of the filing fee authorized in RCW 43.04.040(2) shall be deposited by the secretary into the capitol furnishings preservation committee account created in RCW 27.48.040.
[ 2007 c 453 § 4; 1988 c 120 § 10.]
NOTES:
Findings—2007 c 453: See RCW 44.73.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.005 - Findings.

RCW 43.05.005
Findings.
The legislature finds that, due to the volume and complexity of laws and rules it is appropriate for regulatory agencies to adopt programs and policies that encourage voluntary compliance by those affected by specific rules. The legislature recognizes that a cooperative partnership between agencies and regulated parties that emphasizes education and assistance before the imposition of penalties will achieve greater compliance with laws and rules and that most individuals and businesses who are subject to regulation will attempt to comply with the law, particularly if they are given sufficient information. In this context, enforcement should assure that the majority of a regulated community that complies with the law are not placed at a competitive disadvantage and that a continuing failure to comply that is within the control of a party who has received technical assistance is considered by an agency when it determines the amount of any civil penalty that is issued.
[ 1995 c 403 § 601.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.010 - Definitions.

RCW 43.05.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law or rules. The term does not include any criminal penalty, damage assessments, wages, premiums, or taxes owed, or interest or late fees on any existing obligation.
(2) "Regulatory agency" means an agency as defined in RCW 34.05.010 that has the authority to issue civil penalties. The term does not include the state patrol or any institution of higher education as defined in RCW 28B.10.016.
(3) "Technical assistance" includes:
(a) Information on the laws, rules, and compliance methods and technologies applicable to the regulatory agency's programs;
(b) Information on methods to avoid compliance problems;
(c) Assistance in applying for permits; and
(d) Information on the mission, goals, and objectives of the program.
(4) "Technical assistance documents" means documents prepared to provide information specified in subsection (3) of this section entitled a technical assistance document by the agency head or its designee. Technical assistance documents do not include notices of correction, violation, or enforcement action. Technical assistance documents do not impose mandatory obligations or serve as the basis for a citation.
[ 1999 c 236 § 1; 1995 c 403 § 602.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.020 - Agency programs—List of technical assistance providers.

RCW 43.05.020
Agency programs—List of technical assistance providers.
All regulatory agencies shall develop programs to encourage voluntary compliance by providing technical assistance consistent with statutory requirements. The programs shall include but are not limited to technical assistance visits, printed information, information and assistance by telephone, training meetings, and other appropriate methods to provide technical assistance. In addition, all regulatory agencies shall provide upon request a list of organizations, including private companies, that provide technical assistance. This list shall be compiled by the agencies from information submitted by the organizations and shall not constitute an endorsement by an agency of any organization.
[ 1995 c 403 § 603.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.030 - Technical assistance visit—Notice of violation.

RCW 43.05.030
Technical assistance visit—Notice of violation.
(1) For the purposes of this chapter, a technical assistance visit is a visit by a regulatory agency to a facility, business, or other location that:
(a) Has been requested or is voluntarily accepted; and
(b) Is declared by the regulatory agency at the beginning of the visit to be a technical assistance visit.
(2) A technical assistance visit also includes a consultative visit pursuant to RCW 49.17.250.
(3) During a technical assistance visit, or within a reasonable time thereafter, a regulatory agency shall inform the owner or operator of the facility of any violations of law or agency rules identified by the agency as follows:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the agency requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the agency or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the agency.
[ 1996 c 206 § 2; 1995 c 403 § 604.]
NOTES:
Findings—1996 c 206: "The legislature finds that many individuals and small businesses who are required to comply with laws and agency rules often do not have access to the Revised Code of Washington, the Washington Administrative Code, the United States Code, or the Code of Federal Regulations. In this case, those informed of violations do not know whether, or to what extent, the cited law or agency rule actually applies to their situation. In order to facilitate greater understanding of the law and agency rules, the legislature finds that those who make the effort to obtain technical assistance from a regulatory agency, and those who are issued a notice of correction, should be given the text of the specific section or subsection of the law or agency rule they are alleged to have violated." [ 1996 c 206 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.040 - Time to correct violations—Revisit—Issuance of penalties.

RCW 43.05.040
Time to correct violations—Revisit—Issuance of penalties.
(1) The owner and operator shall be given a reasonable period of time to correct violations identified during a technical assistance visit before any civil penalty provided for by law is imposed for those violations. A regulatory agency may revisit a facility, business, or other location after a technical assistance visit and a reasonable period of time has passed to correct violations identified by the agency in writing and issue civil penalties as provided for by law for any uncorrected violations.
(2) During a visit under subsection (1) of this section, the regulatory agency may not issue civil penalties for violations not previously identified in a technical assistance visit, unless the violations are of the type for which the agency may issue a citation: (a) During a technical assistance visit under RCW 43.05.050; or (b) under RCW 43.05.090.
[ 2001 c 190 § 1; 1995 c 403 § 605.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.050 - Issuance of penalty during technical assistance visit.

RCW 43.05.050
Issuance of penalty during technical assistance visit.
A regulatory agency that observes a violation during a technical assistance visit may issue a civil penalty as provided for by law if: (1) The individual or business has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) the issue involves sales taxes due to the state and the individual or business is not remitting previously collected sales taxes to the state; or (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars.
[ 1995 c 403 § 606.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.060 - Department of ecology—Notice of correction.

RCW 43.05.060
Department of ecology—Notice of correction.
(1) If in the course of any site inspection or visit that is not a technical assistance visit, the department of ecology becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.070, the department may issue a notice of correction to the responsible party that shall include:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice.
[ 1996 c 206 § 3; 1995 c 403 § 607.]
NOTES:
Findings—1996 c 206: See note following RCW 43.05.030.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.070 - Department of ecology—Penalty.

RCW 43.05.070
Department of ecology—Penalty.
The department of ecology may issue a civil penalty provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; or (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars.
[ 1995 c 403 § 608.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.080 - Application of RCW 43.05.060 and 43.05.070—Limited.

RCW 43.05.080
Application of RCW 43.05.060 and 43.05.070—Limited.
The provisions of RCW 43.05.060 and 43.05.070 affecting civil penalties issued by the department of ecology shall not apply to civil penalties for negligent discharge of oil as authorized under RCW 90.56.330 or to civil penalties as authorized under RCW 90.03.600 for unlawful use of water in violation of RCW 90.03.250 or 90.44.050.
[ 1995 c 403 § 609.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.090 - Department of labor and industries—Consultative visit, report—Compliance inspection, citation.

RCW 43.05.090
Department of labor and industries—Consultative visit, report—Compliance inspection, citation.
(1) Following a consultative visit pursuant to RCW 49.17.250, the department of labor and industries shall issue a report to the employer that the employer shall make available to its employees. The report shall contain:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of means to contact technical assistance services provided by the department; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) Following a compliance inspection pursuant to RCW 49.17.120, the department of labor and industries shall issue a citation for violations of industrial safety and health standards. The citation shall not assess a penalty if the violations:
(a) Are determined not to be of a serious nature;
(b) Have not been previously cited;
(c) Are not willful; and
(d) Do not have a mandatory penalty under chapter 49.17 RCW.
[ 1996 c 206 § 4; 1995 c 403 § 610.]
NOTES:
Findings—1996 c 206: See note following RCW 43.05.030.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.100 - Departments of agriculture, fish and wildlife, health, licensing, natural resources—Notice of correction.

RCW 43.05.100
Departments of agriculture, fish and wildlife, health, licensing, natural resources—Notice of correction.
(1) If in the course of any inspection or visit that is not a technical assistance visit, the department of agriculture, fish and wildlife, health, licensing, or natural resources becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.110, the department may issue a notice of correction to the responsible party that shall include:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice.
[ 1996 c 206 § 5; 1995 c 403 § 611.]
NOTES:
Findings—1996 c 206: See note following RCW 43.05.030.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.05 - Technical Assistance Programs. › 43.05.110 - Departments of agriculture, fish and wildlife, health, licensing, natural resources—Penalty.

RCW 43.05.110
Departments of agriculture, fish and wildlife, health, licensing, natural resources—Penalty.
The department of agriculture, fish and wildlife, health, licensing, or natural resources may issue a civil penalty provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; [or] (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars; or (4) the violation was committed by a business that employed fifty or more employees on at least one day in each of the preceding twelve months. In addition, the department of fish and wildlife may issue a civil penalty provided for by law without first issuing a notice of correction for a violation of any rule dealing with seasons, catch or bag limits, gear types, or geographical areas for fish or wildlife removal, reporting, or disposal.
This section does not apply to the civil penalties imposed under *RCW 82.38.170(13).
[ 1998 c 176 § 84; 1995 c 403 § 612.]
NOTES:
*Reviser's note: RCW 82.38.170 was amended by 2013 c 225 § 118, deleting subsection (13), effective July 1, 2016.