Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-06 - Delegation of powers › Section 173-06-120 - Delegation

Current through Register Vol. 24-14, July 15, 2024
(1) Consistent with
			 their assigned duties and responsibilities, department employees are delegated
			 authority to act on behalf of the director and department in the administration
			 of programs and all other duties assigned to the department.
(2) The department shall, by formal policy,
			 specify the extent of signature authority for department employee positions
			 whose assigned duties and responsibilities include authority to take formal
			 action on behalf of the director and/or the department, including, but not
			 limited to, the issuance of penalties, orders, directives, permits, or other
			 decisions reviewable before appropriate administrative or judicial bodies. Such
			 policy may specify the extent of signature authority for department employee
			 positions whose assigned duties and responsibilities include authority to take
			 other action on behalf of the director and/or department. Such policies may be
			 amended as appropriate. Copies of this policy shall be available for public
			 review upon request.
(3) For
			 department employees whose assigned duties and responsibilities include
			 authority to approve or deny reports, plans and specifications, or amendments
			 thereto, prepared by a registered professional, such approval or denial must be
			 based on services provided by a similarly registered professional in accordance
			 with state law.
(4) Any department
			 employee whose assigned duties and responsibilities include signature authority
			 to act on behalf of the director and/or department, may not delegate any such
			 authority to an employee that he or she supervises unless such additional
			 delegation is provided for in a written delegation letter. The written
			 delegation letter shall be signed by the employee granting delegation and the
			 employee receiving delegation. A department employee receiving such delegation
			 shall not further delegate authority, except as provided in subsection (5) of
			 this section. Each written delegation letter shall also include the position
			 number of the employee receiving delegation. Unless rescinded, authority
			 granted by a written delegation letter remains in effect as long as the
			 employee delegated authority retains the same position number. A copy of each
			 written delegation letter shall be maintained in a file within the department
			 program in which the employee receiving delegation is assigned. Employees
			 granting delegation pursuant to this provision may, upon written notification
			 to the employee receiving delegation, rescind delegation at any time. A copy of
			 each letter rescinding delegation shall be maintained in a file within the
			 department program in which the employee rescinding delegation is assigned. An
			 employee granting delegation pursuant to this paragraph does not relinquish his
			 or her delegated authority to act on the behalf of the director or the
			 department.
(5) In addition to the
			 delegation described in subsection (4) of this section, any department employee
			 whose assigned duties and responsibilities include signature authority to act
			 on behalf of the director and/or department, may designate another department
			 employee to serve in a temporary or acting capacity. Any employee properly
			 designated to serve in a temporary or acting capacity shall have the same
			 delegated authority as the department employee permanently holding the
			 position, unless the delegation letter provides otherwise. Proper designation
			 to serve in temporary or acting capacity for a position shall consist of a
			 letter to the individual assuming temporary or acting capacity from the
			 employee who permanently serves in the position or from the director. A
			 department employee receiving such delegation shall not further delegate
			 authority.
(6) During the absence
			 of an employee delegated authority pursuant to this rule, employees responsible
			 for supervising the absent employee may perform the absent employee's delegated
			 functions.
(7) The authority
			 delegated in this rule is limited to the power to act for the department in
			 carrying out functions within the power of the department, and shall not be
			 construed to authorize acts which are contrary to law or beyond the authority
			 of the department.
(8) Nothing in
			 this chapter shall preclude the director from delegating in writing specific
			 signature authority to any employee of the department nor in any way limit the
			 authority of the director to act on behalf of the department.
Statutory Authority:
				  RCW
				  34.05.322,
				  43.21A.080, and
				  43.21A.090. 03-10-019 (Order
				  02-18), § 173-06-120, filed 4/28/03, effective 5/29/03. Statutory
				  Authority:
				  RCW
				  43.21A.090. 95-07-058 (Order 94-45), §
				  173-06-120, filed 3/9/95, effective
				  4/9/95.