reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 287 - Investment Board, State › Chapter 287-04 - Conflict of interest › Section 287-04-031 - Gifts

Current through Register Vol. 24-14, July 15, 2024
(1) "Gifts" and "thing of economic value"
(a) No employee of the board or member of the board shall receive, accept, seek or solicit, directly or indirectly, any gift as defined in RCW  42.52.010(18) if such employee or member of the board has reason to believe that it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction.
(b) No employee of the board or member of the board shall accept gifts, except those specified in RCW  42.52.150(2) and (5), with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources.
(c) Notwithstanding the above exception found in RCW  42.52.150(2) and (5), a board member or an employee of the board who participates in the acquisition of goods and services cannot accept things of economic value from a person who seeks to provide goods or services to the board, except for those items specifically listed in RCW  42.52.150(4).
Washington Administrative Code › Title 287 - Investment Board, State › Chapter 287-04 - Conflict of interest › Section 287-04-032 - Personal investments

Current through Register Vol. 24-14, July 15, 2024
(1) The following definitions apply to this section:
(a) "Permissible investment" means any mutual fund or deposit account, certificate of deposit or money market fund maintained with a bank, broker, or other financial institution, any security publicly traded in an organized market if the interest in the security at acquisition is ten thousand dollars or less or an interest in real estate unless such interest involves a related party transaction.
(b) "Other investment" means any investment not defined as a permissible investment in (a) of this subsection.
(c) "Immediate family" includes the spouse, dependent children, other dependent relatives if living in the household and any other household member, whether or not related.
Washington Administrative Code › Title 287 - Investment Board, State › Chapter 287-04 - Conflict of interest › Section 287-04-033 - Additional prohibitions

Current through Register Vol. 24-14, July 15, 2024
(1) No board member or employee shall borrow from investment managers, outside service providers, professional advisors or consultants, banks, or other financial institutions with which the board has a business relationship, except and unless such entities are normally engaged in such lending in the usual course of their business, and then only on terms offered to others under similar circumstances.
(2) Confidential information shall be used solely for the board's purposes and under no circumstances revealed to unauthorized persons, except as may be otherwise required to be disclosed as a public record pursuant to the requirements of chapter 42.17 RCW. If a document is subject to disclosure pursuant to chapter 42.17 RCW, there is an affirmative duty to properly release the document upon request.
(3) No board member or employee shall divulge state agency or board information or proprietary information in the board's possession, whether labeled confidential or not, to any unauthorized person or in advance of the time prescribed for its authorized issuance, or otherwise making use of, or permitting others to make use of, information not available to the general public.
(4) No board member or employee shall use his or her position or employment with the board, or use board facilities, equipment, or supplies, to obtain or attempt to obtain private gain or advantage, either for themselves or for other persons.
(5) No board member or employee shall use his or her position or employment with the board, or use board facilities, equipment, or supplies, to assist another in a transaction involving the board, or use his or her influence over the board to obtain or attempt to obtain gain or advantage for the person or entity seeking to transact business with the board.
(6) No member of the board or its staff shall accept employment or engage in business or professional activity which he or she might reasonably expect would require or induce him or her to disclose confidential information acquired by him or her by reason of his or her official position.
Statutory Authority: RCW 43.33A.110 and 42.52.200. 98-01-138, §
										287-04-033, filed 12/19/97, effective 1/19/98.
Washington Administrative Code › Title 287 - Investment Board, State › Chapter 287-04 - Conflict of interest › Section 287-04-034 - Recusal

Current through Register Vol. 24-14, July 15, 2024
(1) A member or employee of the state investment board shall comply with subsection (2) of this section when the following circumstances apply or it is reasonably foreseeable that they will apply:
(a) The member or employee is beneficially interested, directly or indirectly, in an investment decision, investment agreement, contract, sale, lease, purchase, or any other acquisition or disposal of an asset, goods or services made by, through, or under the supervision of the board, in whole or in part; or
(b) The member or employee either owns a beneficial interest in, or is an officer, agent, employee or member of, an entity which is engaged in a transaction involving the board; or
(c) A member or employee accepts, directly or indirectly, any compensation, gratuity or reward from any other person beneficially interested in such investment decision, investment agreement, contract, sale, lease, purchase, or any other acquisition or disposal of assets, goods or services; or
(d) A member or employee's participation in a board discussion or vote is motivated by something other than the best interests of the board, its members and beneficiaries, in violation of that person's duty of loyalty.
Washington Administrative Code › Title 287 - Investment Board, State › Chapter 287-04 - Conflict of interest › Section 287-04-038 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
(1) "Transaction involving the board" means a proceeding, application, investment decision, investment agreement, contract, sale, lease, purchase or any other acquisition or disposal of any asset, goods or services, request for a ruling or other determination, claim, case or similar matter that the member or employee in question believes, or has reason to believe:
(a) Is, or will be the subject of board action; or
(b) Is one to which the board is or will be a party; or
(c) Is one in which the board has a direct and substantial proprietary interest.
"Transaction involving the board" does not include the following: Preparation, consideration or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by a member or employee; or a claim, case, lawsuit, or similar matter if the member or employee did not participate in the underlying transaction involving the board that is the basis for the claim, case or lawsuit. Rule making is not a "transaction involving the board."
Washington Administrative Code › Title 287 - Investment Board, State › Chapter 287-04 - Conflict of interest › Section 287-04-039 - Violation of code

Current through Register Vol. 24-14, July 15, 2024
(1) A board member or employee who is found by the board to have violated the code of conduct set forth in WAC 287-04-031 through 287-04-034 may be subject to official reprimand by vote of the board. In the event that the board determines a violation of the code to be so egregious or apparent as to constitute malfeasance, misfeasance, inefficiency, neglect of duty, incapacity, or unfitness to perform his or her fiduciary duties and responsibilities in the exclusive interest of the board and its beneficiaries, and if the offending person is:
(a) A voting board member: The board, in its sole discretion, may refer the matter to the proper appointing authority or the attorney general, as deemed appropriate; or if
(b) A nonvoting board member: The board, in its sole discretion, may take the appropriate steps necessary to and remove the offending member from the board; or if
(c) The executive director: The board, in its sole discretion, may take the appropriate steps to remove the director in compliance with RCW  43.33A.100; or if
(d) An employee of the board governed by the merit systems rules: The executive director may take such disciplinary action as authorized under Title 356 WAC up to and including termination of employment; or if
(e) An exempt employee of the board: The executive director may take whatever disciplinary action deemed appropriate, up to and including termination of employment.
Washington Administrative Code › Title 287 - Investment Board, State › Chapter 287-04 - Conflict of interest › Section 287-04-040 - Conflict of employment

Current through Register Vol. 24-14, July 15, 2024
No board or staff member shall accept employment which will adversely affect the performance of that member's official duties, discredit the board or result in a conflict of interest.
Statutory Authority: RCW 43.33A.110. 81-23-012 (Order 81-1), §
										287-04-040, filed 11/10/81.
Washington Administrative Code › Title 287 - Investment Board, State › Chapter 287-06 - State Environmental Policy Act - Interpretation › Section 287-06-010 - Exemption from provisions of WAC 197-10-800

Current through Register Vol. 24-14, July 15, 2024
The state investment board has reviewed its authorized activities and found them all to be exempt from the provisions of Title 197 WAC. This statement is adopted in compliance with the requirement that the board adopt guidelines consistent with Title 197 WAC.
Statutory Authority: RCW 43.21C.120. 81-23-012 (Order 81-1), §
										287-06-010, filed 11/10/81.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-02 - Jail industries board arbitration process › Section 288-02-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW  36.110.060, Duties of the board, directs the board to establish an arbitration process for resolving conflicts arising among the local business community and labor organizations concerning new jail industries programs, products, services, or wages. The board does not have enforcement powers and participation in the arbitration process is voluntary.
Statutory Authority: RCW 36.110.060. 04-19-032, §
										288-02-010, filed 9/9/04, effective 10/10/04.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-02 - Jail industries board arbitration process › Section 288-02-020 - Issues considered for arbitration

Current through Register Vol. 24-14, July 15, 2024
The following matters will be considered for arbitration: Disputes regarding appropriate use of inmate labor, funds and fees, and working conditions.
Statutory Authority: RCW 36.110.060. 04-19-032, §
										288-02-020, filed 9/9/04, effective 10/10/04.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-02 - Jail industries board arbitration process › Section 288-02-030 - Mechanism of the arbitration process

Current through Register Vol. 24-14, July 15, 2024
(1) Issues should be reduced to letter format and directed to the executive director of the jail industries board. Every effort possible will be made to assist the complainant in developing the complaint.
(2) Three board members will be selected by the jail industries board chair to conduct an informal hearing and gather as much information as possible, reminding each party that all decisions and opinions are voluntary and have no actual legal standing. The jail industries board's executive director will act as record keeper and facilitator.
(3) The board will attempt to reconcile the issues as presented. This may be done by offering suggestions, asking others for their opinions, or pointing out to each party how a negotiated arrangement may look. The goal of the process is to reach a voluntary agreement.
(4) For the record, the executive director of the jail industries board will keep on file the information used by both parties and the outcome of the arbitration process. The board will use this information to assist with future arbitration issues.
(5) If a voluntary agreement cannot be reached, the board will advise both parties of next step options they may take.
Statutory Authority: RCW 36.110.060. 04-19-032, §
										288-02-030, filed 9/9/04, effective 10/10/04.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-04 - Policy and procedure on administration of the prison industries enhancement certification program (PIECP) › Section 288-04-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
18 U.S.C. 1761
authorizes the prison industries enhancement certification program (PIECP).
RCW  36.110.060,
jail industries programs, establishes the jail industries board of directors as responsible for certifying private sector inmate employment programs per federal prison industries enhancement certification program criteria.
Statutory Authority: RCW 36.110.060. 98-17-003, §
										288-04-010, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-04 - Policy and procedure on administration of the prison industries enhancement certification program (PIECP) › Section 288-04-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
To establish the policy and procedure under which the jail industries board will certify private sector inmate employment programs per federal prison industries enhancement certification program criteria and meet its management obligations under Washington state law toward private sector employment programs.
Statutory Authority: RCW 36.110.060. 98-17-003, §
										288-04-020, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-04 - Policy and procedure on administration of the prison industries enhancement certification program (PIECP) › Section 288-04-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
Any county or city seeking to certify a cost accounting center (CAC) under the prison industries enhancement certification program.
Statutory Authority: RCW 36.110.060. 98-17-003, §
										288-04-030, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-04 - Policy and procedure on administration of the prison industries enhancement certification program (PIECP) › Section 288-04-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Definitions found in chapter 36.110 RCW and U.S. Department of Justice/Bureau of Justice Assistance (BJA) guidelines.
(Copies available from the jail industries board.)
Statutory Authority: RCW 36.110.060. 98-17-003, §
										288-04-040, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-04 - Policy and procedure on administration of the prison industries enhancement certification program (PIECP) › Section 288-04-050 - Policy statement

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the jail industries board of directors to meet all the requirements of chapter 36.110 RCW,  18 U.S.C. 1761, and BJA guidelines for the administration of the prison industries enhancement certification program (PIECP). A city or county housing jail inmates that produce goods for sale in interstate commerce will not be certified under PIECP unless the city or county meets these requirements. The board will provide technical assistance to help jurisdictions meet these requirements. The board may create a special revenue fund to help offset jail industries board costs funded by an amount equal to seven and one-half percent of inmates' gross wages. This amount shall be remitted to the jail industries board from the local jurisdictions' authorized deductions from inmate wages.
Statutory Authority: RCW 36.110.060. 98-17-003, §
										288-04-050, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-06 - Prison industries enhancement certification program adjudicative proceedings › Section 288-06-010 - Application of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
The board adopts the brief adjudicative proceedings procedures permitted by RCW  34.05.482 through 34.05.494 and WAC 10-08-080 computation of time for adjudicative proceedings requested by applicants who:
(1) Are denied certification; or
(2) Are the subject of decertification actions taken under the authority of board policies on the prison industries enhancement certification program and RCW  36.110.060.
The sole issue at the brief adjudicative proceeding shall be whether:
(a) The applicant meets the requirements for certification; or
(b) A certified program participant is out of compliance with program requirements and should be decertified.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-06 - Prison industries enhancement certification program adjudicative proceedings › Section 288-06-020 - Application of adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
If the full board finds that the issue and interests raised in the request for adjudicative proceeding warrant the use of procedures of RCW  34.05.410 through 34.05.479, the board may conduct a formal adjudicative proceeding and hereby adopts the model rules of procedure as set forth in WAC 10-08-035 through 10-08-230 for the conduct of formal adjudicative proceedings.
Statutory Authority: RCW 36.110.060 and chapter 34.05 RCW. 98-17-004, §
										288-06-020, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-06 - Prison industries enhancement certification program adjudicative proceedings › Section 288-06-030 - Request for adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
Requests for an adjudicative proceeding must be made in writing to the board within twenty-one days of receiving notice of a certification or decertification action. Requests may be made by:
(1) The correctional facility and/or business seeking certification; or
(2) The correctional facility and/or business being decertified.
Statutory Authority: RCW 36.110.060 and chapter 34.05 RCW. 98-17-004, §
										288-06-030, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-06 - Prison industries enhancement certification program adjudicative proceedings › Section 288-06-040 - Failure to apply or participate

Current through Register Vol. 24-14, July 15, 2024
Failure to apply for an adjudicative proceeding within the times set forth in WAC 288-06-020 shall result in the adoption of the board's initial determination as its final determination. Failure to attend or otherwise participate in an adjudicative proceeding may result in a finding of default.
Statutory Authority: RCW 36.110.060 and chapter 34.05 RCW. 98-17-004, §
										288-06-040, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-06 - Prison industries enhancement certification program adjudicative proceedings › Section 288-06-050 - Preliminary record in brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The preliminary record with respect to an application for a prison industries enhancement certification program certification is:
(a) The application for the certification and all associated documents;
(b) All documents relied upon by the board in proposing to deny the application; and
(c) All correspondence between the applicant for certification and the board regarding the application.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-06 - Prison industries enhancement certification program adjudicative proceedings › Section 288-06-060 - Conduct of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be conducted by the chair of the board or other presiding officer for brief adjudicative proceedings as designated by the chair.
(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.
(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.
(4) No witnesses may appear to testify and no discovery other than reproduction of the preliminary record as specified will occur.
(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.
(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter a written initial order.
(7) Initial orders on brief adjudicative proceedings shall become final twenty-one days after service of the initial order.
(8) Further appeals to board decisions regarding certification and decertification issues can be made to superior court as specified in chapter 34.05 RCW, Administrative Procedure Act, Part V, Judicial Review and Civil Enforcement.
Statutory Authority: RCW 36.110.060 and chapter 34.05 RCW. 98-17-004, §
										288-06-060, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 288 - Jail Industries Board › Chapter 288-06 - Prison industries enhancement certification program adjudicative proceedings › Section 288-06-070 - Agency record in brief proceedings

Current through Register Vol. 24-14, July 15, 2024
The agency record of brief adjudicative proceedings shall consist of:
(1) The preliminary record as set forth in WAC 288-06-050;
(2) All initiating documents including the notice of opportunity to defend;
(3) The request for adjudicative proceeding;
(4) All documents submitted in the proceeding;
(5) Any transcript or recording of any testimony or arguments presented; and
(6) All orders issued in the case.
Statutory Authority: RCW 36.110.060 and chapter 34.05 RCW. 98-17-004, §
										288-06-070, filed 8/6/98, effective 9/6/98.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-010 - Purpose of this chapter

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide rules implementing the Ethics in Public Service Act (chapter 42.52 RCW) according to procedures prescribed in Article IV, Section 31, of the Constitution of the state of Washington and chapter 2.64 RCW for the commission on judicial conduct.
All proceedings involving state employees of the judicial branch of state government, except "judges" as defined in
Commission On Judicial Conduct Rules of Procedure (CJCRP)
, shall proceed under the rules set forth in this chapter. All proceedings involving "judges" as defined in RCW  2.64.010 and the Code of Judicial Conduct shall proceed exclusively under the rules set forth in the
CJCRP
.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 97-13-069, §
											292-09-010, filed 6/18/97, effective 7/19/97; 95-05-031 (Order 95-01), §
											292-09-010, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-020 - Role of the commission on judicial conduct

Current through Register Vol. 24-14, July 15, 2024
The commission on judicial conduct is constitutionally created to investigate and consider complaints concerning judges. The commission also has jurisdiction to investigate and consider complaints of violations of the Ethics in Public Service Act (chapter 42.52 RCW) or rules adopted under it, concerning state employees of the judicial branch.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-020, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-030 - Organization of the commission on judicial conduct

Current through Register Vol. 24-14, July 15, 2024
Six members of the commission must be present to take action at a commission business meeting. The adoption of or amendment to the rules of the commission shall require the affirmative vote of six members of the commission.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-030, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-050 - Complaints and investigations

Current through Register Vol. 24-14, July 15, 2024
(1) Any organization, association, or person, including a member of the commission, may make a complaint to the commission alleging violation of chapter 42.52 RCW or rules adopted under it. A complaint shall be made in writing on a form provided by the commission. A complaint may be made personally or by the complainant's attorney.
(2) Upon receipt of a complaint, the commission staff shall investigate and evaluate the allegations. The investigation shall be limited to the facts alleged in the complaint. On every complaint received, the commission staff shall make a written recommendation that there is or that there is not reasonable cause to believe that a violation of chapter 42.52 RCW or rules adopted under it has been or is being committed. The commission shall make a written determination whether there is reasonable cause based upon the complaint and the recommendation. A copy of the determination shall be provided to the complainant and to the respondent. If the determination concludes that there is no reasonable cause, a copy shall also be provided to the attorney general.
(3) Complaints pursuant to RCW  42.52.450 shall be investigated by the attorney general. As appropriate, pursuant to RCW  42.52.470, the commission may refer a complaint to the employing agency, the attorney general, or the prosecutor.
Statutory Authority: Art. IV, § 31 of the state Constitution, RCW 42.52.370, and chapter 2.64 RCW. 02-01-041 (Order 01-01), §
											292-09-050, filed 12/11/01, effective 1/15/02. Statutory Authority: RCW  42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-050, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-060 - Determination of reasonable cause

Current through Register Vol. 24-14, July 15, 2024
If the commission determines that reasonable cause exists that the respondent has violated chapter 42.52 RCW or rules adopted under it, the commission shall schedule a public hearing on the merits of the complaint.
Statutory Authority: Art. IV, § 31 of the state Constitution, RCW 42.52.370, and chapter 2.64 RCW. 02-01-041 (Order 01-01), §
											292-09-060, filed 12/11/01, effective 1/15/02. Statutory Authority: RCW  42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-060, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-070 - Respondent's answer to complaint

Current through Register Vol. 24-14, July 15, 2024
The respondent shall file a written answer to the complaint not later than thirty days after receipt of the determination that there is reasonable cause. Failure to file a written answer shall be deemed an admission to the facts alleged in the complaint and the determination.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-070, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-080 - Stipulated dispositions

Current through Register Vol. 24-14, July 15, 2024
Any matter before the commission may be disposed of by a stipulation at any stage of the proceeding. The respondent and a member of the commission staff shall sign the stipulation before presentation to the commission. The commission may impose any terms and conditions deemed appropriate. If the stipulation is rejected by the commission, the stipulation shall be withdrawn and cannot be used by or against the respondent in any proceeding.
When a stipulation which disposes of a complaint is accepted by the commission, the commission shall provide a copy of the stipulation to the attorney general and the complainant.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-080, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-090 - Adoption of model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
Part IV--Adjudicative Proceedings--of chapter 34.05 RCW and the model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge pursuant to RCW  34.05.250, as now or hereafter amended, are hereby adopted for use by the commission. In the case of conflict between chapter 34.05 RCW or the model rules of procedure and procedural rules adopted in this chapter, the procedural rules adopted by the commission shall take precedence.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-090, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-100 - Presiding officer

Current through Register Vol. 24-14, July 15, 2024
(1) In matters involving an adjudicative proceeding, the commission may designate as presiding officer a member of the commission, or an administrative law judge assigned by the office of administrative hearings under the authority of chapter 34.12 RCW.
(2) A person who has served as an investigator, prosecutor, or advocate in any stage of an adjudicative proceeding, or someone who is subject to the authority or direction of such a person, may not serve as a presiding officer in the same proceeding.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-100, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-110 - Discovery

Current through Register Vol. 24-14, July 15, 2024
The statutes and court rules regarding pretrial procedures in civil cases in superior courts of the state of Washington shall be used where applicable unless in conflict with this chapter.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-110, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-120 - Discovery - Authority of presiding officer

Current through Register Vol. 24-14, July 15, 2024
The presiding officer may permit discovery in an adjudicative proceeding. The presiding officer shall have the power to control the frequency and nature of discovery permitted and to order conferences to discuss discovery issues.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-120, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-130 - Fact-finding hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Upon filing of a determination of reasonable cause, a public fact-finding hearing will be scheduled at a location and time selected by the commission. The respondent shall have at least twenty days notice of the hearing and shall appear at the hearing in person, with or without counsel.
(2) Where there is a possibility that the respondent may be liable for a total amount of penalty and costs of more than five hundred dollars, the respondent may choose to have an administrative law judge conduct the hearing. The respondent shall indicate such choice in writing within thirty days after receipt of the determination. Notwithstanding the respondent's choice, the commission may, on its own initiative, retain an administrative law judge.
(3) Testimony taken at the hearing shall be under oath and recorded.
(4) The case in support of the complaint shall be presented at the hearing by commission staff. After the staff's case in chief, the respondent shall have the opportunity to present evidence. Both parties shall have the opportunity to cross-examine witnesses.
(5) If, based upon a preponderance of the evidence, the fact-finder finds that the respondent has violated chapter 42.52 RCW or rules adopted under it, the fact-finder shall file an order stating findings of fact, conclusions, and an enforcement action.
(6) If, based upon all the evidence, the fact-finder finds that the respondent has not engaged in an alleged violation of chapter 42.52 RCW or rules adopted under it, the fact-finder shall file an order stating findings of fact, conclusions, and an order dismissing the complaint.
(7) Civil penalties included within an enforcement action shall be established based upon the following nonexclusive aggravating and mitigating factors:
(a) Whether the violation is an isolated instance or evidences a pattern of conduct;
(b) The nature, extent, and frequency of occurrence of the violation;
(c) Whether the employee acknowledged or recognized that the violation occurred;
(d) Whether the employee has evidenced an effort to change or modify the conduct that resulted in a violation;
(e) The length of service of the employee;
(f) Whether there have been prior violations of ethics rules by the employee;
(g) The effect the violation has upon the integrity and respect for the judiciary; and
(h) The extent to which the employee exploited the position to satisfy personal desires.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-140 - Documents - Filing

Current through Register Vol. 24-14, July 15, 2024
Any document filed with the commission under the provisions of the Administrative Procedure Act, chapter 34.05 RCW; model rules of procedure, chapter 10-08 WAC; and this chapter shall be filed with the Commission on Judicial Conduct, 210 11th Avenue SW, #400, Olympia, WA 98504 or P.O. Box 1817, Olympia, WA 98507.
Unless otherwise required by law, filing of a document with the commission shall be made personally, by first class mail, by certified or registered mail, by commercial parcel delivery company, or by facsimile and same-day mailing or original showing same-day postmark. Filing shall occur within the period of time specified for filing by statute, rule, or order.
Statutory Authority: Art. IV, § 31 of the state Constitution, RCW 42.52.370, and chapter 2.64 RCW. 05-23-069 (Order 05-02), §
											292-09-140, filed 11/15/05, effective 12/16/05. Statutory Authority: RCW  42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-140, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-150 - Witness fees

Current through Register Vol. 24-14, July 15, 2024
All witnesses shall receive fees and expenses in the amount allowed by law for witnesses in the superior court. The person calling the witness shall be responsible for paying the witness's fees and expenses.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-150, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-160 - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) Investigative. The commission may subpoena witnesses, compel their attendance, administer oaths, take testimony of a person under oath, or require production for examination of any books, accounts, records, certificates, or papers relating to any matter under investigation or in question before the commission. Subpoenas may be issued by any member of the commission.
(2) Adjudicative. Subpoenas shall be issued and enforced as provided by chapter 10-08 WAC, chapter 34.05 RCW, and chapter 42.52 RCW, as appropriate.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-160, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-170 - Judicial review

Current through Register Vol. 24-14, July 15, 2024
Except as otherwise provided by law, judicial review of a commission order that a violation of chapter 42.52 RCW or rules adopted under it has occurred is governed by the provisions of chapter 34.05 RCW applicable to review of adjudicative proceedings.
Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. 95-05-031 (Order 95-01), §
											292-09-170, filed 2/8/95, effective 3/11/95.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-10 - Public records (Repealed) › Section 292-10-010 - Purpose (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Art. IV, § 31 of the state Constitution and chapters 42.56 and 2.64 RCW. 07-17-047, §
											292-10-010, filed 8/9/07, effective 9/9/07. Statutory Authority: RCW  42.17.250, [42.17.]260 and Art. IV, § 31 of the state Constitution. 91-04-060 (Order 3), §
											292-10-010, filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-10 - Public records (Repealed) › Section 292-10-020 - Public records available (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Art. IV, § 31 of the state Constitution and chapters 42.56 and 2.64 RCW. 07-17-047, §
											292-10-020, filed 8/9/07, effective 9/9/07. Statutory Authority: RCW  42.17.250, [42.17.]260 and Art. IV, § 31 of the state Constitution. 91-04-060 (Order 3), §
											292-10-020, filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-10 - Public records (Repealed) › Section 292-10-030 - Records index (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.250, [42.17.]260 and Art. IV, § 31 of the state Constitution. 91-04-060 (Order 3), §
											292-10-030, filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-10 - Public records (Repealed) › Section 292-10-040 - Requests for public records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.250, 42.17.260, Art. IV, § 31 of the state Constitution, and chapter 2.64 RCW. 05-01-021, §
											292-10-040, filed 12/2/04, effective 1/2/05; 91-04-060 (Order 3), §
											292-10-040, filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-10 - Public records (Repealed) › Section 292-10-050 - Fees (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.250, [42.17.]260 and Art. IV, § 31 of the state Constitution. 91-04-060 (Order 3), §
											292-10-050, filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-10 - Public records (Repealed) › Section 292-10-060 - Statement of reasons for denial of public records request (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.250, [42.17.]260 and Art. IV, § 31 of the state Constitution. 91-04-060 (Order 3), §
											292-10-060, filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-10 - Public records (Repealed) › Section 292-10-070 - Protection of public records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.17.250, [42.17.]260 and Art. IV, § 31 of the state Constitution. 91-04-060 (Order 3), §
											292-10-070, filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-11 - Agency substantive rules › Section 292-11-010 - Purpose of this chapter

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide substantive rules implementing the Ethics in Public Service Act (chapter 42.52 RCW). The substantive rules in this chapter are intended to apply to all state employees of the judicial branch of state government, including "judges" as defined in the
Commission On Judicial Conduct Rules of Procedure (CJCRP).
Statutory Authority: RCW 42.52.180(2)(b) and 42.52.370. 97-13-075, §
											292-11-010, filed 6/18/97, effective 7/19/97.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-11 - Agency substantive rules › Section 292-11-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The term "measurable expenditure" as used in RCW  42.52.180(2)(b) shall mean an expenditure or consumption of public resources having more than a de minimis cost and value.
(2) As used herein, the term "de minimis cost and value" shall refer to a cost and/or value of the actual use of public resources that is sufficiently small to be reasonably disregarded as negligible or trifling.
Statutory Authority: RCW 42.52.180(2)(b) and 42.52.370. 97-13-075, §
											292-11-020, filed 6/18/97, effective 7/19/97.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to promulgate executive ethics board rules concerning complaints, investigations, and hearings pursuant to RCW  42.52.410, 42.52.420, 42.52.430, 42.52.470 and 42.52.500.
Statutory Authority: RCW 42.52.360(2)(b). 99-06-073, §
											292-100-005, filed 3/2/99, effective 4/2/99.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-006 - Adoption of model rules of procedure

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge pursuant to RCW  34.05.250, as now or hereafter amended, are hereby adopted for use by the board. In the case of a conflict between the model rules of procedure and procedural rules adopted in this chapter, the procedural rules adopted by the board shall take precedence.
Statutory Authority: RCW 42.52.360(2)(b). 99-06-073, §
											292-100-006, filed 3/2/99, effective 4/2/99.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-007 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the
							definitions in this section apply throughout this chapter.
(1) "Board staff" shall include the executive
						director, investigators, administrative officer, and assistant attorneys
						general who bring cases before the board.
(2) "Complainant" means a person who has
						filed a complaint with the board.
(3) "Employing agency" means the former or
						current state agency of the respondent during the time the alleged violation
						occurred.
(4) "Investigation" means
						the fact finding conducted prior to a dismissal or reasonable cause
						determination.
(5) "Party" includes
						the board staff and the respondent.
(6) "Presiding officer" refers to the board
						chair, vice chair, a board member designated as presiding officer by the chair
						or vice chair, or an administrative law judge.
(7) "Respondent" means a current or former
						state officer or state employee alleged to have violated chapter 42.52
						RCW.
Statutory Authority: RCW  42.52.360(2)(b). 05-19-142, §
											292-100-007, filed 9/21/05, effective 10/22/05. Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-007, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-007, filed 3/2/99, effective 4/2/99.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-010 - Initiation of complaint

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-010, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-010, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-010, filed 10/30/96, effective 11/30/96.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-020 - Complaint procedures-Status of complainant and others

Current through Register Vol. 24-14, July 15, 2024
(1) When a
				complaint has been filed with the board, neither the complainant, if other than
				board, nor any other person will have special standing to participate or
				intervene in the investigation or consideration of the complaint by the board.
				The complainant is not a party to an ethics case for any purpose.
(2) If a member of the board or the board's
				staff files a complaint in their individual capacity, the board member or staff
				member will be disqualified from acting in their official capacity with regard
				to the disposition of that complaint.
(3) This section does not affect the right to
				request a review of a board staff decision to dismiss a complaint, pursuant to
				RCW
				 42.52.425 and WAC
				292-100-045.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-020, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-020, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-020, filed 10/30/96, effective 11/30/96.