reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.040 - Stock dividends, when.

RCW 33.48.040
Stock dividends, when.
No dividends shall be declared on stock until the association has met the net worth and federal insurance requirements of the federal savings and loan insurance corporation. Subject to the provisions of this chapter, stock shall be entitled to such rate of dividend, if earned, as fixed by the board. Stock dividends may be declared and issued by the board at any time, payable from otherwise unallocated surplus and undivided profits.
[ 1982 c 3 § 93; 1981 c 84 § 2; 1979 c 113 § 14; 1955 c 122 § 5.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.080 - Member's proprietary interest—Subordinate to claims of creditors.

RCW 33.48.080
Member's proprietary interest—Subordinate to claims of creditors.
Each member in a stock association shall have a proportionate proprietary interest in its assets and net earnings subordinate to the claims of its creditors with priorities as established by this chapter.
[ 1982 c 3 § 94; 1969 c 107 § 8; 1967 c 49 § 6; 1955 c 122 § 9.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.090 - Dividends only if interest paid on deposits.

RCW 33.48.090
Dividends only if interest paid on deposits.
No dividend shall be paid or credited upon shares of stock for any period in which the association has not declared and paid interest on deposits eligible to receive interest.
[ 1982 c 3 § 95; 1955 c 122 § 10.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.100 - Conversion procedure—Domestic stock to domestic mutual association.

RCW 33.48.100
Conversion procedure—Domestic stock to domestic mutual association.
A domestic stock association may convert to a domestic mutual association under the provisions of applicable statutes and regulations of proper federal and state supervisory authorities. In the event of compliance with such statutes and regulations an appraisal of the stock shall be made by the director, upon written request of the directors of the association, and the appropriate value of the stock may be given consideration in the proceedings to convert by giving credit to such stock from surplus and other reserves.
[ 1994 c 92 § 478; 1982 c 3 § 96; 1955 c 122 § 11.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.110 - Conversion procedure—Mutual association to domestic stock association—Rules implementing section—Standard.

RCW 33.48.110
Conversion procedure—Mutual association to domestic stock association—Rules implementing section—Standard.
Any mutual association, either domestic or federal, operating in the state of Washington may convert itself into a domestic stock association. The conversion shall be effected by the vote of two-thirds of the members present and voting in person or by proxy at any regular or special meeting of the members called for such purpose. Notice of such meeting, stating the purpose thereof, shall be given to the director and to each member by mailing notice to the member's last known address at least thirty days prior to the meeting.
At the meeting, the members may adopt a resolution amending its articles of incorporation and bylaws to provide for operation under this chapter as a stock association.
Upon adoption of the resolution, members shall be given notice of the proposed change and shall be offered, for a period of sixty days following the date of the meeting, the right to subscribe for the proposed stock, pro rata to their deposits in such mutual association, and such right shall be transferable. In the event that the total stock required has not, at the end of the sixty day period, been fully subscribed, the unsubscribed portion shall be offered to any former subscribers for such stock.
When the stock has been fully subscribed and paid for, certified copies of the documents relating to the conversion shall be submitted to the director for his or her approval of the conversion proceedings. Upon notification by the director that the director approves the conversion, the directors shall adopt a resolution declaring the association to be a stock association and thereafter it shall be such.
The director shall adopt such rules under chapter 34.05 RCW, the administrative procedure act, as are necessary to implement this section in a manner which protects the relative interests of members, depositors, borrowers, stockholders, and creditors.
[ 1994 c 92 § 479; 1982 c 3 § 97; 1955 c 122 § 12.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.120 - Conversion procedure—Creation of permanent loss reserve—Disposition of reserve upon liquidation.

RCW 33.48.120
Conversion procedure—Creation of permanent loss reserve—Disposition of reserve upon liquidation.
The accumulated surplus and unallocated reserves of an association at the time of conversion to a stock association shall be designated as a permanent loss reserve against which any losses incurred on assets may be charged. In case of liquidation the remaining sum in said permanent loss reserve shall be distributed to the depositors in proportion to the withdrawable value of their deposit accounts at the time of liquidation. In liquidation, after payment of all liabilities and the withdrawable value of all types and classes of deposit accounts together with the remainder in the permanent loss reserve heretofore mentioned, any excess shall be paid pro rata to the stockholders.
[ 1982 c 3 § 98; 1955 c 122 § 13.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.130 - Withdrawal of charter amendment or conversion application.

RCW 33.48.130
Withdrawal of charter amendment or conversion application.
The directors of an association which has voted to amend its charter or convert to another type of institution, may withdraw the application at any time prior to the issuance of the amended charter, by adopting a proper resolution and forwarding a copy to the director.
[ 1994 c 92 § 480; 1955 c 122 § 14.]
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.140 - Legislative intent—Chapter to control over conflicting provisions.

RCW 33.48.140
Legislative intent—Chapter to control over conflicting provisions.
It is the intention of the legislature to grant, by this chapter, authority to create stock associations in this state, by either organization or conversion under its provisions, and in the event of conflict between the provisions of this chapter and other provisions of Title 33 RCW, such other provisions shall be construed in favor of the accomplishment of the purposes of this chapter.
[ 1982 c 3 § 99; 1955 c 122 § 15.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.150 - Organizing permit—Required.

RCW 33.48.150
Organizing permit—Required.
No subscriptions or funds from proposed stockholders of any proposed association, prior to its incorporation and prior to a decision by the director on its application for approval of its articles of incorporation, may be solicited or taken until a verified application for an organizing permit has been filed and a permit has been issued by the director authorizing such subscription or collection of funds and then, only in accordance with the terms of such permit.
[ 1994 c 92 § 481; 1973 c 130 § 6.]
NOTES:
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.160 - Organizing permit—Application.

RCW 33.48.160
Organizing permit—Application.
The application for an organizing permit under RCW 33.48.150 shall be in writing, verified as provided by law for the verification of pleadings and shall be filed in the office of the director. Such application shall be signed by the proposed incorporators and shall include the following:
(1) The names and addresses of its proposed directors, officers and incorporators, to the extent known;
(2) The proposed location of its office;
(3) A copy of any contract proposed to be used for the solicitation of stock subscriptions and funds for its preincorporation expenses;
(4) A copy of any advertisement, circular, or other written matter proposed to be used for soliciting stock subscriptions and funds for its preincorporation expenses;
(5) A statement of the total funds proposed to be solicited and collected prior to incorporation and an itemized estimate of the preincorporation expenses proposed to be paid;
(6) A list of the names and addresses and amounts of each of the known proposed stockholders and contributors to the fund for preincorporation expenses; and
(7) Such additional information as the director may require.
[ 1994 c 92 § 482; 1973 c 130 § 7.]
NOTES:
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.170 - Organizing permit—Conditions.

RCW 33.48.170
Organizing permit—Conditions.
The director may impose conditions in the director's organizing permit issued under RCW 33.48.150 concerning the deposit in escrow of funds collected pursuant to said permit, the manner of expenditure of such funds and such other conditions as he or she deems reasonable and necessary or advisable for the protection of the public and the subscribers to such stock or funds for preincorporation expenses.
[ 1994 c 92 § 483; 1982 c 3 § 100; 1973 c 130 § 8.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.180 - Permit authorizing sale of stock—Applicability.

RCW 33.48.180
Permit authorizing sale of stock—Applicability.
No association shall sell, take subscriptions for, or issue any stock until the association applies for and secures from the director a permit authorizing it to sell stock.
This section does not apply to an offering involving less than five hundred thousand dollars nor to an offering made under a registration statement filed under the federal securities act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77a).
[ 1994 c 92 § 484; 1982 c 3 § 101; 1973 c 130 § 5.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.190 - Permit authorizing sale of guaranty stock—Required prior to sale of issued or outstanding stock.

RCW 33.48.190
Permit authorizing sale of guaranty stock—Required prior to sale of issued or outstanding stock.
No issued and outstanding stock of an association shall be sold or offered for sale to the public, nor shall subscriptions be solicited or taken for such sales until the association or the selling stockholders have applied for and secured from the director a permit authorizing the sale of the guaranty stock.
This section shall not apply to an offering involving less than ten percent of the issued and outstanding guaranty stock of an association and less than five hundred thousand dollars nor to an offering made under a registration statement filed under the Securities Act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77a).
[ 1994 c 92 § 485; 1973 c 130 § 9.]
NOTES:
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.200 - Permit authorizing sale of stock—Application—Contents.

RCW 33.48.200
Permit authorizing sale of stock—Application—Contents.
An application for a permit to sell stock shall be in writing and shall be filed in the office of the director by the association.
The application shall include the following:
(1) Regarding the association:
(a) The names and addresses of its officers;
(b) The location of its office;
(c) An itemized account of its financial condition within ninety days of the filing date; and
(d) A copy of all minutes of any proceedings of its directors, shareholders, or stockholders relating to or affecting the issue of such stock;
(2) Regarding the offering:
(a) The names and addresses of the selling stockholders and of the officers of any selling corporation and the partners of any selling partnership;
(b) A copy of any contract concerning the sale of the stock;
(c) A copy of a prospectus or advertisement or other description of the stock prepared for distribution or publication in accordance with requirements prescribed by the director;
(d) A brief description of the method by which the stock is to be offered for sale including the offering price and the underwriting commissions and expense, if any; and
(3) Such additional information as the director may require.
[ 1994 c 92 § 486; 1982 c 3 § 102; 1973 c 130 § 10.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.210 - Permit authorizing sale of stock—Examination and investigation—Issuance or denial.

RCW 33.48.210
Permit authorizing sale of stock—Examination and investigation—Issuance or denial.
Upon the filing of the application for a permit to sell stock, the director shall examine the application and other papers and documents filed therewith and he or she may make a detailed examination, audit, and investigation of the association and its affairs. If the director finds that the proposed plan for the issue and sale of such stock is fair, just and equitable, the director shall issue to the applicant a permit authorizing it to issue and dispose of its stock in such amounts and for such considerations and upon such terms and conditions as the director may provide in the permit. If the director does not so find he or she shall deny the application and notify the applicant in writing of his or her decision.
[ 1994 c 92 § 487; 1982 c 3 § 103; 1973 c 130 § 11.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.220 - Recitation in permit to take subscriptions for stock.

RCW 33.48.220
Recitation in permit to take subscriptions for stock.
Every permit to take subscriptions for stock shall recite in boldface type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the stock permitted to be issued.
[ 1982 c 3 § 104; 1973 c 130 § 12.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.230 - Sales of stock—Imposition of conditions.

RCW 33.48.230
Sales of stock—Imposition of conditions.
With respect to sales of stock by an association, the director may impose conditions requiring the impoundment of the proceeds from the sale of stock, limiting the expense in connection with the sale of such stock, and other conditions as he or she deems reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of such stock in the manner and for the purposes provided in the permit.
[ 1994 c 92 § 488; 1982 c 3 § 105; 1973 c 130 § 13.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.240 - Organizing permit—Amendment, alteration, suspension, or revocation by director—Grounds.

RCW 33.48.240
Organizing permit—Amendment, alteration, suspension, or revocation by director—Grounds.
The director may amend, alter, suspend, or revoke any permit issued under RCW 33.48.150 if there is a violation of the terms and conditions of the permit or if the director determines that the subscription or proposed issue and sale is no longer fair, just, and equitable.
[ 1994 c 92 § 489; 1982 c 3 § 106; 1973 c 130 § 14.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.250 - Purchase by association of stock issued by it—Conditions.

RCW 33.48.250
Purchase by association of stock issued by it—Conditions.
An association may purchase stock issued by it in an amount not to exceed the amount of earned surplus or undivided profits available for dividends on its stock if: The stock so purchased is included for federal estate tax purposes in determining the gross estate of a decedent, and the amount paid for such purchase is entitled to be treated under section 303 of the Internal Revenue Code of 1954 (68A Stat. 3; 26 U.S.C. Sec. 1), or other applicable federal statute or the corresponding provision of any future federal revenue law, as a distribution in full payment in exchange for the stock so purchased, or such purchase is with the prior consent of the director, or such purchase is pursuant to a put option contained in a plan which has been approved by the director establishing an employee stock ownership plan for the association and its employees pursuant to the provisions of the act of congress entitled "Employee Retirement Income Security Act of 1974", as now constituted or hereafter amended, or Section 409 of the Internal Revenue Code of 1954, as now constituted or hereafter amended. Stock so purchased until sold shall be carried as treasury stock. Upon the purchase of any stock issued by the association, an amount equal to the purchase price shall be set aside from earned surplus or undivided profits available for dividends to a specific reserve account established for this purpose. Upon sale of any of such stock, the amount relating thereto in the specific reserve account shall be returned to the surplus or undivided profits account (as the case may be) and shall be available for dividends. Reacquired stock shall not be resold at less than its reacquisition cost, without the specific approval of the director, and shall not be resold or reissued except in accordance with RCW 33.48.220 through 33.48.240.
[ 1994 c 92 § 490; 1985 c 239 § 3; 1982 c 3 § 107; 1973 c 130 § 15.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.260 - Reduction of stock—Conditions.

RCW 33.48.260
Reduction of stock—Conditions.
With the prior consent of the director, the stock of an association may be reduced by resolution of the board of directors approved by the vote or written consent of the holders of a majority in amount of the outstanding stock of the association to such amount as the director approves.
[ 1994 c 92 § 491; 1982 c 3 § 108; 1973 c 130 § 16.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.270 - Reduction of stock—Disposition of surplus.

RCW 33.48.270
Reduction of stock—Disposition of surplus.
Any surplus resulting from reduction of stock shall not be available for dividends or other distribution to stockholders except upon liquidation.
[ 1982 c 3 § 109; 1973 c 130 § 17.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.280 - Paid-in or contributed surplus or surplus created by reduction of stock—Application and uses.

RCW 33.48.280
Paid-in or contributed surplus or surplus created by reduction of stock—Application and uses.
An association may, by action of its board of directors and with the prior approval of the director, apply any part or all of any paid-in or contributed surplus or any surplus created by reduction of stock to the reduction or writing off of any deficit arising from losses or diminution in value of its assets, or may transfer to or designate as a part of its federal insurance account or any other reserve account irrevocably established for the sole purpose of absorbing losses, any part or all of any paid-in or contributed surplus or any surplus created by reduction of stock.
[ 1994 c 92 § 492; 1982 c 3 § 110; 1973 c 130 § 18.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.290 - RCW 33.48.150 through 33.48.280 inapplicable to foreign associations.

RCW 33.48.290
RCW 33.48.150 through 33.48.280 inapplicable to foreign associations.
RCW 33.48.150 through 33.48.280 do not apply to foreign associations doing business in this state pursuant to the provisions of chapter 33.32 RCW.
[ 1982 c 3 § 111; 1973 c 130 § 19.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.
2023 Revised Code of Washington › Title 33 - Washington Savings Association Act › Chapter 33.48 - Stock Associations. › 33.48.320 - Waiver of chapter requirements.

RCW 33.48.320
Waiver of chapter requirements.
If, in the opinion of the director, it is necessary for any of the requirements of this chapter to be waived in order to permit an association which is in danger of failing to convert its charter from a mutual association to a stock association or from a stock association to a mutual association so that the association may be acquired by an association or a savings and loan holding company, then the director may waive any such requirement.
[ 1994 c 92 § 493; 1982 c 3 § 112.]
NOTES:
Severability—1982 c 3: See note following RCW 33.04.002.
2023 Revised Code of Washington › Title 34 - Administrative Law › RCW Dispositions › 34.05 ADMINISTRATIVE PROCEDURE ACT

Sections
34.05.035 Exemption — Review of hazardous waste settlement offers.
[1988 c 112 § 26.]
Failed to become law. See Reviser's note following chapter 70.105C RCW in Table of Disposition of Former RCW Sections, this volume.
34.05.354 Expedited repeal.
[1998 c 280 § 6; 1997 c 409 § 208; 1995 c 403 § 701.]
Repealed by 2001 c 25 § 3. Cf. RCW 34.05.353.
34.05.355 Concise explanatory statement.
[1994 c 249 § 8; 1988 c 288 § 310.]
Repealed by 1995 c 403 § 305.
34.05.356 Expedited adoption.
[1998 c 280 § 2.]
Expired December 31, 2000.
34.05.538 Declaratory judgment on validity of rule.
[1988 c 288 § 508; 1982 c 6 § 8; 1959 c 234 § 7. Formerly RCW 34.04.070.]
Repealed by 1989 c 175 § 185, effective July 1, 1989.
34.05.645 Decision on rule — Quorum required — Rule suspension.
[1995 c 403 § 501.]
Repealed by 1996 c 318 § 6.
34.05.670 Review of compliance with regulatory fairness act.
[1992 c 197 § 3.]
Repealed by 1994 c 249 § 21.
34.05.680 Small business economic impact statements — Notice — Hearings — Reviews — Objections.
[1992 c 197 § 4.]
Repealed by 1994 c 249 § 21.
34.05.901 Severability-1988 c 288.
[1988 c 288 § 704.]
Decodified by the code reviser, July 2016.
34.05.903 Severability-1998 c 280.
[1998 c 280 § 14.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.001 - Legislative intent.

RCW 34.05.001
Legislative intent.
The legislature intends, by enacting this 1988 Administrative Procedure Act, to clarify the existing law of administrative procedure, to achieve greater consistency with other states and the federal government in administrative procedure, and to provide greater public and legislative access to administrative decision making. The legislature intends that to the greatest extent possible and unless this chapter clearly requires otherwise, current agency practices and court decisions interpreting the Administrative Procedure Act in effect before July 1, 1989, shall remain in effect. The legislature also intends that the courts should interpret provisions of this chapter consistently with decisions of other courts interpreting similar provisions of other states, the federal government, and model acts.
[ 1988 c 288 § 18.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.020 - Savings—Authority of agencies to comply with chapter—Effect of subsequent legislation.

RCW 34.05.020
Savings—Authority of agencies to comply with chapter—Effect of subsequent legislation.
Nothing in this chapter may be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements of this chapter through the issuance of rules or otherwise. No subsequent legislation shall be held to supersede or modify the provisions of this chapter or its applicability to any agency except to the extent that such legislation shall do so expressly.
[ 1988 c 288 § 102; 1967 c 237 § 24. Formerly RCW 34.04.940.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.040 - Operation of chapter if in conflict with federal law.

RCW 34.05.040
Operation of chapter if in conflict with federal law.
If any part of this chapter is found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, the conflicting part of this chapter is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such findings or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned.
[ 1988 c 288 § 104; 1959 c 234 § 19. Formerly RCW 34.04.930.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.050 - Waiver.

RCW 34.05.050
Waiver.
Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this chapter.
[ 1988 c 288 § 105.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.060 - Informal settlements.

RCW 34.05.060
Informal settlements.
Except to the extent precluded by another provision of law and subject to approval by agency order, informal settlement of matters that may make unnecessary more elaborate proceedings under this chapter is strongly encouraged. Agencies may establish by rule specific procedures for attempting and executing informal settlement of matters. This section does not require any party or other person to settle a matter.
[ 1988 c 288 § 106.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.070 - Conversion of proceedings.

RCW 34.05.070
Conversion of proceedings.
(1) If it becomes apparent during the course of an adjudicative or rule-making proceeding undertaken pursuant to this chapter that another form of proceeding under this chapter is necessary, is in the public interest, or is more appropriate to resolve issues affecting the participants, on his or her own motion or on the motion of any party, the presiding officer or other official responsible for the original proceeding shall advise the parties of necessary steps for conversion and, if within the official's power, commence the new proceeding. If the agency refuses to convert to another proceeding, that decision is not subject to judicial review. Commencement of the new proceeding shall be accomplished pursuant to the procedural rules of the new proceeding, except that elements already performed need not be repeated.
(2) If appropriate, a new proceeding may be commenced independently of the original proceeding or may replace the original proceeding.
(3) Conversion to a replacement proceeding shall not be undertaken if the rights of any party will be substantially prejudiced.
(4) To the extent feasible the record of the original proceeding shall be included in the record of a replacement proceeding.
(5) The time of commencement of a replacement proceeding shall be considered to be the time of commencement of the original proceeding.
[ 1988 c 288 § 107.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.080 - Variation from time limits.

RCW 34.05.080
Variation from time limits.
(1) An agency may modify time limits established in this chapter only as set forth in this section. An agency may not modify time limits relating to rule-making procedures or the time limits for filing a petition for judicial review specified in RCW 34.05.542.
(2) The time limits set forth in this chapter may be modified by rule of the agency or by rule of the chief administrative law judge if:
(a) The agency has an agency head composed of a body of individuals serving part time who do not regularly meet on a schedule that would allow compliance with the time limits of this chapter in the normal course of agency affairs;
(b) The agency does not have a permanent staff to comply with the time limits set forth in this chapter without substantial loss of efficiency and economy; and
(c) The rights of persons dealing with the agency are not substantially impaired.
(3) The time limits set forth in this chapter may be modified by rule if the agency determines that the change is necessary to the performance of its statutory duties. Agency rule may provide for emergency variation when required in a specific case.
(4) Time limits may be changed pursuant to RCW 34.05.040.
(5) Time limits may be waived pursuant to RCW 34.05.050.
(6) Any modification in the time limits set forth in this chapter shall be to new time limits that are reasonable under the specific circumstances.
(7) In an adjudicative proceeding, any agency whose time limits vary from those set forth in this chapter shall provide reasonable and adequate notice of the pertinent time limits to persons affected. The notice may be given by the presiding or reviewing officer involved in the proceeding.
(8) Two years after July 1, 1989, the chief administrative law judge shall cause a survey to be made of variations by agencies from the time limits set forth in this chapter, and shall submit a written report of the results of the survey to the office of the governor.
[ 1989 c 175 § 3; 1988 c 288 § 108.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.090 - Forest practices board—Emergency rules.

RCW 34.05.090
Forest practices board—Emergency rules.
Emergency rules adopted by the forest practices board pertaining to forest practices and the protection of aquatic resources are subject to this chapter to the extent provided in RCW 76.09.055.
[ 1999 sp.s. c 4 § 202.]
NOTES:
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: See note following RCW 76.09.055.
Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.100 - Respectful language.

RCW 34.05.100
Respectful language.
(1) All agency orders creating new rules, or amending existing rules, shall be formulated in accordance with the requirements of RCW 44.04.280 regarding the use of respectful language.
(2) No agency rule is invalid because it does not comply with this section.
[ 2004 c 175 § 2.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.120 - Extension of rights and responsibilities—State registered domestic partnerships.

RCW 34.05.120
Extension of rights and responsibilities—State registered domestic partnerships.
(1) Subject to the availability of funds appropriated for this specific purpose, except where inconsistent with federal law or regulations applicable to federal benefit programs, agencies shall amend their rules to reflect the intent of the legislature to ensure that all privileges, immunities, rights, benefits, or responsibilities granted or imposed by statute to an individual because that individual is or was a spouse in a marital relationship are granted or imposed on equivalent terms to an individual because that individual is or was in a state registered domestic partnership.
(2) Except where inconsistent with federal law or regulations applicable to federal benefit programs, all agency orders creating new rules, or amending existing rules, shall be formulated to reflect the intent stated in subsection (1) of this section.
(3) No agency rule is invalid because it does not comply with this section.
[ 2009 c 521 § 2.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.220 - Rules for agency procedure—Indexes of opinions and statements.

RCW 34.05.220
Rules for agency procedure—Indexes of opinions and statements.
(1) In addition to other rule-making requirements imposed by law:
(a) Each agency may adopt rules governing the formal and informal procedures prescribed or authorized by this chapter and rules of practice before the agency, together with forms and instructions. If an agency has not adopted procedural rules under this section, the model rules adopted by the chief administrative law judge under RCW 34.05.250 govern procedures before the agency.
(b) To assist interested persons dealing with it, each agency shall adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information and make submissions or requests. No person may be required to comply with agency procedure not adopted as a rule as herein required.
(2) To the extent not prohibited by federal law or regulation, nor prohibited for reasons of confidentiality by state law, each agency shall keep on file for public inspection all final orders, decisions, and opinions in adjudicative proceedings, interpretive statements, policy statements, and any digest or index to those orders, decisions, opinions, or statements prepared by or for the agency.
(3) No agency order, decision, or opinion is valid or effective against any person, nor may it be invoked by the agency for any purpose, unless it is available for public inspection. This subsection is not applicable in favor of any person who has actual knowledge of the order, decision, or opinion. The agency has the burden of proving that knowledge, but may meet that burden by proving that the person has been properly served with a copy of the order.
(4) Each agency that is authorized by law to exercise discretion in deciding individual cases is encouraged to formalize the general principles that may evolve from these decisions by adopting the principles as rules that the agency will follow until they are amended or repealed.
(5) To the extent practicable, any rule proposed or adopted by an agency should be clearly and simply stated, so that it can be understood by those required to comply.
(6) The departments of employment security, labor and industries, ecology, and revenue shall develop and use a notification process to communicate information to the public regarding the postadoption notice required by RCW 34.05.362.
[ 2003 c 246 § 2; 1994 c 249 § 24; 1989 c 175 § 4; 1988 c 288 § 202; 1981 c 67 § 13; 1967 c 237 § 2; 1959 c 234 § 2. Formerly RCW 34.04.020.]
NOTES:
Finding—2003 c 246: See note following RCW 34.05.362.
Severability—Application—1994 c 249: See notes following RCW 34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.230 - Interpretive and policy statements.

RCW 34.05.230
Interpretive and policy statements.
(1) An agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform and involve the public, an agency is encouraged to convert long-standing interpretive and policy statements into rules.
(2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.
(3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency. Each agency shall update the roster periodically and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster. The agency may charge a nominal fee to the interested person for this service.
(4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.
[ 2004 c 31 § 3; 2001 c 25 § 1; 1997 c 409 § 202; 1996 c 206 § 12; 1995 c 403 § 702; 1988 c 288 § 203.]
NOTES:
Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.
Findings—1996 c 206: See note following RCW 43.05.030.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.240 - Declaratory order by agency—Petition.

RCW 34.05.240
Declaratory order by agency—Petition.
(1) Any person may petition an agency for a declaratory order with respect to the applicability to specified circumstances of a rule, order, or statute enforceable by the agency. The petition shall set forth facts and reasons on which the petitioner relies to show:
(a) That uncertainty necessitating resolution exists;
(b) That there is actual controversy arising from the uncertainty such that a declaratory order will not be merely an advisory opinion;
(c) That the uncertainty adversely affects the petitioner;
(d) That the adverse effect of uncertainty on the petitioner outweighs any adverse effects on others or on the general public that may likely arise from the order requested; and
(e) That the petition complies with any additional requirements established by the agency under subsection (2) of this section.
(2) Each agency may adopt rules that provide for: (a) The form, contents, and filing of petitions for a declaratory order; (b) the procedural rights of persons in relation thereto; and (c) the disposition of those petitions. These rules may include a description of the classes of circumstances in which the agency will not enter a declaratory order and shall be consistent with the public interest and with the general policy of this chapter to facilitate and encourage agencies to provide reliable advice.
(3) Within fifteen days after receipt of a petition for a declaratory order, the agency shall give notice of the petition to all persons to whom notice is required by law, and may give notice to any other person it deems desirable.
(4) RCW 34.05.410 through 34.05.494 apply to agency proceedings for declaratory orders only to the extent an agency so provides by rule or order.
(5) Within thirty days after receipt of a petition for a declaratory order an agency, in writing, shall do one of the following:
(a) Enter an order declaring the applicability of the statute, rule, or order in question to the specified circumstances;
(b) Set the matter for specified proceedings to be held no more than ninety days after receipt of the petition;
(c) Set a specified time no more than ninety days after receipt of the petition by which it will enter a declaratory order; or
(d) Decline to enter a declaratory order, stating the reasons for its action.
(6) The time limits of subsection (5) (b) and (c) of this section may be extended by the agency for good cause.
(7) An agency may not enter a declaratory order that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding.
(8) A declaratory order has the same status as any other order entered in an agency adjudicative proceeding. Each declaratory order shall contain the names of all parties to the proceeding on which it is based, the particular facts on which it is based, and the reasons for its conclusions.
[ 1988 c 288 § 204; 1959 c 234 § 8. Formerly RCW 34.04.080.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.250 - Model rules of procedure.

RCW 34.05.250
Model rules of procedure.
The chief administrative law judge shall adopt model rules of procedure appropriate for use by as many agencies as possible. The model rules shall deal with all general functions and duties performed in common by the various agencies. Each agency shall adopt as much of the model rules as is reasonable under its circumstances. Any agency adopting a rule of procedure that differs from the model rules shall include in the order of adoption a finding stating the reasons for variance.
[ 1988 c 288 § 205.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.260 - Electronic distribution.

RCW 34.05.260
Electronic distribution.
(1) In order to provide the greatest possible access to agency documents to the most people, agencies are encouraged to make their rule, interpretive, and policy information available through electronic distribution as well as through the regular mail. Agencies that have the capacity to transmit electronically may ask persons who are on mailing lists or rosters for copies of interpretive statements, policy statements, preproposal statements of inquiry, and other similar notices whether they would like to receive the notices electronically.
(2) Electronic distribution to persons who request it may substitute for mailed copies related to rule making or policy or interpretive statements. If a notice is distributed electronically, the agency is not required to transmit the actual notice form but must send all the information contained in the notice.
(3) Agencies which maintain mailing lists or rosters for any notices relating to rule making or policy or interpretive statements may establish different rosters or lists by general subject area.
[ 1997 c 126 § 1.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.270 - Agency websites for rule-making information.

RCW 34.05.270
Agency websites for rule-making information.
Within existing resources, each state agency shall maintain a website that contains the agency's rule-making information. A direct link to the agency's rule-making page must be displayed on the agency's homepage. The rule-making website shall include the complete text of all proposed rules, emergency rules, and permanent rules proposed or adopted within the past twelve months, or include a direct link to the index page on the Washington State Register website that contains links to the complete text of all proposed rules, emergency rules, and permanent rules proposed or adopted within the past twelve months by that state agency. For proposed rules, the time, date, and place for the rule-making hearing and the procedures and timelines for submitting written comments and supporting data must be posted on the website.
[ 2009 c 93 § 1.]
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.312 - Rules coordinator.

RCW 34.05.312
Rules coordinator.
Each agency shall designate a rules coordinator, who shall have knowledge of the subjects of rules being proposed or prepared within the agency for proposal, maintain the records of any such action, and respond to public inquiries about possible, proposed, or adopted rules and the identity of agency personnel working, reviewing, or commenting on them. The office and mailing address of the rules coordinator shall be published in the state register at the time of designation and maintained thereafter on the code reviser website for the duration of the designation. The rules coordinator may be an employee of another agency.
[ 2007 c 456 § 4; 2003 c 246 § 4; 1993 c 202 § 3.]
NOTES:
Finding—2003 c 246: See note following RCW 34.05.362.
Finding—Intent—1993 c 202: See note following RCW 34.05.310.
2023 Revised Code of Washington › Title 34 - Administrative Law › Chapter 34.05 - Administrative Procedure Act. › 34.05.314 - Rules development agenda.

RCW 34.05.314
Rules development agenda.
Each state agency shall prepare a semiannual agenda for rules under development. The agency shall file the agenda with the code reviser for publication in the state register not later than January 31st and July 31st of each year. Not later than three days after its publication in the state register, the agency shall send a copy of the agenda to each person who has requested receipt of a copy of the agenda. The agency shall also submit the agenda to the director of financial management, the rules review committee, and any other state agency that may reasonably be expected to have an interest in the subject of rules that will be developed.
[ 1997 c 409 § 206.]
NOTES:
Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.