reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-030 - Complaint procedures

Current through Register Vol. 24-14, July 15, 2024
(1) A complaint
						filed with the board shall be in writing on a form provided by the board or in
						an appropriate written form that includes the information in subsection (2) of
						this section, and signed by the complainant or by the complainant's counsel,
						unless anonymous.
(2) A complaint
						shall include:
(a) The complainant's name,
						unless anonymous;
(b) A statement
						of the nature of the alleged violation(s) and the name of person(s) responsible
						as well as the date, time, and place of each alleged violation; and
(c) All available documentation and other
						evidence including any witnesses to the violation which the complainant is able
						to supply to demonstrate a reason for believing that a violation of chapter
						42.52 RCW, or the rules adopted under it, has occurred.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-040 - Acceptance and preliminary review of complaints

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-040, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-040, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-040, 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 292-100-041 - Investigation of complaints

Current through Register Vol. 24-14, July 15, 2024
(1) During the
						course of an investigation, the board staff will give the respondent(s) a copy
						of the complaint or a summary of the complaint, and an opportunity to respond
						to the allegations. In accordance with RCW   42.52.410, the complainant's name
						and identifying information may be redacted from the complaint.
(2) During the course of the investigation
						board staff will provide the employing agency with a copy of the complaint or a
						summary of the complaint, unless board staff determines it would impede the
						investigation. In accordance with RCW   42.52.410, the complainant's name and
						identifying information may be redacted from the complaint.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-041, filed 6/13/01, effective 7/14/01.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-042 - Board staff referral of allegations

Current through Register Vol. 24-14, July 15, 2024
(1)
						If the complaint is outside the jurisdiction of the board, the board or its
						staff may also refer such allegations to an appropriate agency with
						jurisdiction.
(2) The board staff
						may refer a complaint to the employing agency for investigation and
						recommendation of resolution. In accordance with RCW   42.52.410, the
						complainant's name and identifying information may be redacted from the
						complaint.
(a) The referral will include a
						copy of the complaint and all supporting documentation and shall include a date
						for submission of the report and recommendation, allowing at least thirty days.
						The agency receiving the referral may request additional time, if
						needed.
(b) During the course of
						the agency's investigation, the agency will contact the respondent and provide
						the respondent with a copy of the complaint. The agency will provide the
						respondent with an opportunity to respond to the allegations.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-045 - Dismissal of complaints

Current through Register Vol. 24-14, July 15, 2024
(1) The
						executive director may dismiss the complaint if the board or the board staff
						determines that:
(a) Any alleged violation
						that may have occurred is not within the jurisdiction of the board;
(b) The complaint is obviously unfounded or
						frivolous; or
(c) The complaint
						presents a violation of chapter 42.52 RCW, but any violation that may have
						occurred does not constitute a material violation because it was inadvertent
						and minor, or has been cured, and, after consideration of all of the
						circumstances, further proceedings would not serve the purposes of this
						chapter.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-046 - Complainant's request for review of executive director's dismissal order

Current through Register Vol. 24-14, July 15, 2024
(1) A written request for review by a
						complainant must be received at the board's administrative office no later than
						twenty days after the date the order of dismissal is mailed to the
						complainant.
(2) A request for
						review must state the grounds for the request for review.
(3) When a request for review is received,
						the board staff will prepare a record for the board's review and serve notice
						upon the respondent that a review has been requested. The record will consist
						of:
(a) The complaint;
(b) The investigation report;
(c) The order of dismissal;
(d) The complainant's request for
						review;
(e) The executive
						director's response to the request for review; and
(f) Any additional material requested by the
						chair or the chair's designee.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-047 - Board member's request for review of executive director's dismissal order

Current through Register Vol. 24-14, July 15, 2024
(1) A written
						request for review by a board member must be received by the executive director
						no later than twenty days after the date the order of dismissal is provided to
						the board.
(2) When a request for
						review is received, the board staff will prepare a record for the board's
						review and serve notice upon the respondent that a review has been requested.
						The record will consist of:
(a) The
						complaint;
(b) The investigation
						report;
(c) The order of
						dismissal;
(d) Any additional
						material requested by the chair, the chair's designee or the board member who
						requested the review.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-050 - Determination on reasonable cause

Current through Register Vol. 24-14, July 15, 2024
(1) Following an
				investigation and preparation of the written investigative report, if the
				complaint is not dismissed by the executive director under WAC 292-100-045, the
				results of the investigation will be presented to the board . Board staff may
				recommend that the board find reasonable cause, including a recommendation as
				to the potential penalty, or may recommend that the matter be
				dismissed.
(2) Upon receipt of the
				board staff's investigation report and recommendation, the board will
				determine:
(a) Whether there is reasonable
				cause to believe that a violation of chapter 42.52 RCW has occurred, and the
				potential penalty; or
(b) Whether
				to dismiss the matter.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-060 - Notice of hearing - Filing of answer

Current through Register Vol. 24-14, July 15, 2024
(1)
				Following the board's determination on reasonable cause, the board will provide
				the complainant, the respondent and the employing agency with a copy of the
				written determination on reasonable cause and investigative report.
(2) The respondent has 30 days from the time
				the determination on reasonable cause is served to file an answer to the
				determination on reasonable cause and request an adjudicative proceeding and/or
				settlement. If the penalty is over $500, the respondent may request an
				administrative law judge at the hearing. The administrative judge's role is
				limited to ruling on procedural and evidentiary matters.
(3) Failure to file an answer and request an
				adjudicative hearing and/or settlement within 30 days of service constitutes a
				default, and the board may proceed to resolve the case without further notice
				to, or hearing for the benefit of, the respondent.
(4) Within 10 days after service of a default
				order under subsection (3) of this section, the respondent may file a written
				motion requesting that the default order be vacated and stating the grounds
				relied upon. During the time within which a party may file a written motion
				under this subsection, the board chair or a designated board member may adjourn
				further proceedings or conduct them without the participation of the
				respondent.
(5) If a hearing is
				requested by the respondent, the respondent will be notified of the date of the
				hearing no later than seven days before the hearing date.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-060, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-060, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-060, 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 292-100-080 - Investigation procedures - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1)
				During the course of an investigation, the board, or the executive director may
				issue subpoenas to persons to appear and give testimony, and may require the
				production of any books, papers, correspondence, memoranda, or other records
				deemed relevant or material to the investigation. The subpoena must:
(a) Specifically describe the information
				which is sought, and
(b) Require
				the production of information at a reasonable place and time, but no later than
				10 days from the date it is served, and
(c) Notify the person that if the information
				is not produced, the board will apply to the superior court for an appropriate
				order or other remedy.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-090 - Cases resolvable by stipulation

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any respondent may request settlement by notifying board staff in
				writing.
(2) Settlement may be
				accomplished by a stipulation of facts, conclusions and penalty by the parties
				or a stipulated order agreed to by the parties.
(3) Any proposed stipulation must be in
				writing and signed by each party to the stipulation and their attorney, if
				represented. Board staff will present the proposed stipulation to the board for
				consideration.
(4) The board has
				the option of accepting, rejecting, or modifying the proposed stipulation or
				asking for additional facts to be presented.
(a) If the board accepts the stipulation or
				modifies the stipulation with the agreement of the respondent, the board will
				enter the stipulation.
(b) If the
				board rejects the stipulation or the respondent does not agree to the board's
				proposed modifications to the stipulation, the normal hearing process will
				continue.
(c) If the board requests
				additional facts, the matter will be referred to the board staff for further
				investigation.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-100 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1) In any
				proceeding, the presiding officer upon the presiding officer's own motion or
				upon request by board staff or the respondent or their counsel, may direct the
				board staff and respondent to appear at a specified time and place for a
				prehearing conference to consider:
(a)
				Simplification of issues;
(b) The
				possibility of obtaining stipulations, admissions of facts and of
				documents;
(c) Limitation on the
				number of witnesses;
(d) Authorizing
				discovery by any party;
(e)
				Scheduling order; and
(f)
				Procedural and such other matters as may aid in the disposition of the
				proceeding.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-105 - Discovery - Authority of presiding officer

Current through Register Vol. 24-14, July 15, 2024
After a finding of reasonable cause, no discovery is
				  permitted by a party pursuant to WAC 292-100-110 through 292-100-150 unless
				  authorized by the presiding officer. In deciding whether to authorize discovery
				  and the extent of discovery to be allowed, the presiding officer will consider
				  the party's need for discovery while ensuring that discovery does not unduly
				  delay the hearing.
Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-105, 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 292-100-110 - Hearings - Discovery - Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1)
				All subpoenas for hearings must be filed with the presiding officer, together
				with proof of proper service, at least five days prior to the date of the
				hearing for which they are issued. All subpoenas will be issued and may be
				enforced in the form and manner set forth in RCW   34.05.446 and WAC
				10-08-120.
(2) The presiding
				officer, upon motion and before the time specified in the subpoena at issue,
				may:
(a) Quash or modify the subpoena if it
				is unreasonable and oppressive; or
(b) Condition denial of the motion upon the
				advancement by the person in whose behalf the subpoena is issued of the
				reasonable cost of producing the books, papers, documents, or tangible
				things.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-120 - Hearings - Discovery - Methods authorized

Current through Register Vol. 24-14, July 15, 2024
The following discovery methods are authorized: Deposition
				  upon oral examination, written interrogatories, requests for production, and
				  requests for admission. Deposition upon oral examination, written
				  interrogatories, and requests for admission may be used as evidence in the
				  hearing. The attendance of witnesses to a deposition may be compelled by use of
				  a subpoena. Depositions will be taken in accordance with this rule and the
				  rules on subpoenas, unless board staff and the respondent stipulate to other
				  arrangements.
Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-120, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-120, 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 292-100-130 - Hearings - Discovery - Depositions and interrogatories-Notice

Current through Register Vol. 24-14, July 15, 2024
A party taking the deposition of any person upon oral
				  examination must give reasonable notice of not less than five days in writing
				  to the presiding officer and all parties. The notice shall state the time and
				  place for taking the deposition and the name and address of each person to be
				  examined. On motion of a party to whom the notice is served, the presiding
				  officer may, for cause shown, enlarge or shorten the time. If the parties so
				  stipulate in writing, depositions may be taken at any time or place, upon any
				  notice, and in any manner and when so taken may be used as other
				  depositions.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-130, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-130, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-130, 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 292-100-140 - Depositions and interrogatories in hearings - Protection of parties and deponents

Current through Register Vol. 24-14, July 15, 2024
(1) After notice
				is served for taking a deposition, upon its own motion or upon motion
				reasonably made by any party or by the person to be examined and upon notice
				and for good cause shown, the presiding officer may order that the deposition
				may:
(a) Not be taken; or
(b) That it may be taken only at some
				designated place other than that stated in the notice; or
(c) That it may be taken only on written
				interrogatories; or
(d) That
				certain matters must not be inquired into; or
(e) That the scope of the examination must be
				limited to certain matters; or
(f)
				That the examination may be held with no one present except the parties to the
				action and their officers or counsel; or
(g) The presiding officer may make any other
				order which justice requires to protect the party or witness from annoyance,
				embarrassment, or oppression.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-150 - Discovery - Production of documents and use at hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Any materials to be presented at the
				hearing must be provided to the executive director and to the opposing party no
				less than 10 days prior to the hearing.
(2) Upon agreement by both parties,
				additional documentary evidence may be presented at the hearing. The parties
				must arrive at the hearing location or make documents available in sufficient
				time before the time scheduled for the hearing for the purpose of exchanging
				exhibits to be introduced. When documents are to be offered into evidence at
				the hearing, the one offering the exhibit shall provide a minimum of seven
				copies.
(3) If the parties do not
				reach an agreement on the submission of additional documentary evidence, at the
				commencement of the hearing the presiding officer will, after hearing argument,
				rule on the admissibility of the documents. The proponent of the documents
				proposed for submission must show good cause why the documents could not be
				submitted 10 days prior to the hearing.
(4) "Good cause" is a substantial reason or
				legal justification for failing to appear, to act, or respond to an action. To
				show good cause, the presiding officer must find that a party had a good reason
				for what they did or did not do, using the provisions of Superior Court civil
				rule 60 as a guideline.
Statutory Authority: RCW  42.52.360(2)(b). 07-02-001, §
											292-100-150, filed 12/20/06, effective 1/20/07. Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-150, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-150, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-150, 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 292-100-160 - Conduct of hearings

Current through Register Vol. 24-14, July 15, 2024
(1) A hearing
				must be conducted pursuant to the Administrative Procedure Act (chapter 34.05
				RCW) and its supporting regulations (chapter 10-08 WAC) unless modified by
				chapter 292-100 WAC.
(2) Hearings
				may be conducted in-person, by video conference, or other virtual means as
				determined by the presiding officer and in accordance with WAC 10-08-180.
				Preference should be given to the method which will facilitate the timeliest
				hearing.
When circumstances prevent the scheduling of an in-per-son
				  hearing, virtual hearings are strongly encouraged unless a party can
				  demonstrate it will be prejudiced by such a hearing in accordance with the APA
				  and WAC 10-08-180.
(3) A
				hearing must be conducted either by the board or by an administrative law
				judge.
(a) If an administrative law judge
				participates by request of a respondent, the board may choose to sit with the
				administrative law judge to hear the matter. If an administrative law judge
				sits with the board, the administrative law judge will rule on procedural and
				evidentiary matters.
(b) If an
				administrative law judge hears the matter at the request of the board, the
				board may choose to sit with the administrative law judge or the board may
				request that the administrative law judge hear the matter alone and prepare an
				initial order.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-170 - Review of initial orders by an administrative law judge

Current through Register Vol. 24-14, July 15, 2024
(1) An initial order by an administrative law
				judge will become the final order of the board within 45 days of the initial
				order unless:
(a) A board member determines
				that the initial order should be reviewed as provided in WAC
				292-100-175;
(b) A party files a
				petition for review of the initial order within 30 days of the entry of the
				initial order.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-175 - A board member's request for review of initial orders

Current through Register Vol. 24-14, July 15, 2024
(1) Within five days after receiving an
				initial order by an administrative law judge the executive director must serve
				a copy of the initial order upon each board member.
(2) A board member who is requesting review
				of an initial order must provide written notice to the executive director
				within 30 days of service on the board member.
(3) Upon receipt of a board member's request
				for review the executive director must serve the request on all other
				parties.
(4) The board will
				consider the whole record or the portions of the record as required for its
				deliberation.
(a) The board may afford each
				party an opportunity to present written argument and may afford each party an
				opportunity to present oral argument.
(b) The board will enter a final order
				disposing of the proceeding.
(c)
				The board must serve copies of the final order on all parties, the complainant,
				and the employing agency.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-180 - Brief adjudicative proceeding - Authority

Current through Register Vol. 24-14, July 15, 2024
Pursuant to RCW   34.05.482 through 34.05.494, after a finding
				  of reasonable cause, the board may provide a brief adjudicative proceeding as
				  set forth in WAC 292-100-190 for alleged violations of provisions in chapter
				  42.52 RCW and corresponding rules in which the facts are undisputed, the
				  violations appear to be relatively minor in nature, and the penalty and costs
				  no greater than $500 will be assessed for the violations.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-180, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-180, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-180, 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 292-100-190 - Brief adjudicative proceeding - Procedure

Current through Register Vol. 24-14, July 15, 2024
(1) A brief adjudicative proceeding may be
				presided over by the chair, or a member of the board designated by the
				chair.
(2) The executive director
				will send the respondent notice, which must include:
(a) The determination of reasonable cause and
				the investigative report;
(b) The
				maximum amount of the penalty and costs which can be imposed at the hearing;
				and
(c) The respondent's right to
				respond, within 20 days, either in writing or in person to explain the
				respondent's view of the matter.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-100 - Procedural rules › Section 292-100-200 - Brief adjudicative proceeding - Administrative review procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The board will conduct a review of the
				initial order upon the written or oral request of a party if the board receives
				the request within 20 days after the service of the initial order.
(2) If the parties have not requested review,
				the board may conduct a review of the initial order upon its own motion and
				without notice to the parties, but it may not take any action on review less
				favorable to any party than the original order without giving that party notice
				and an opportunity to explain that party's view of the matter.
(3) The order on review must be in writing
				stating the findings made, and the reasons for the decision, and notice that
				judicial review is available. The order on review must be entered within 21
				days after the date of the initial order or of the request for review,
				whichever is later.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-200, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-200, filed 3/2/99, effective 4/2/99. Statutory Authority: Chapter 42.52 RCW and RCW  42.52.360(2)(b). 96-22-028, §
											292-100-200, 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 292-100-210 - Reconsideration of final orders

Current through Register Vol. 24-14, July 15, 2024
(1) Within 10
				days of the service of a final order, any party may file a petition for
				reconsideration stating the specific grounds upon which relief is requested.
				The petition for review must be filed at the office of the board and served on
				the parties.
(2) Any party may
				respond to a petition for reconsideration. The response is due no later than 10
				days after the party is served with the request.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-210, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 99-06-073, §
											292-100-210, 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 292-100-220 - Effective date

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-100-220, filed 6/13/01, effective 7/14/01.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-110 - Agency substantive rules › Section 292-110-010 - Use of state resources

Current through Register Vol. 24-14, July 15, 2024
(1)
Statement of principles
All state employees and officers are responsible for the
				  proper use of state resources, including funds, facilities, tools, property,
				  and their time. This section does not restrict the use of state resources as
				  described in subsections (2) and (3) of this section.
(2)
Permitted uses.
(a) Use of state resources for official state
				purpose. "Official state purpose" includes use of state resources to conduct
				official duties, activities reasonably related to the conduct of official state
				duties, activities related to state employment, and activities otherwise
				allowed by statute. Examples of official state purposes include:
(i) Training and career development approved
				by the employing agency under RCW  41.06.410;
(ii) Membership or participation in
				professional associations that enhance job-related skills of the state officer
				or employee, so long as use of state resources for this purpose has been
				authorized in writing;
(iii) State
				or agency sponsored health, safety, or diversity fairs;
(iv) Management of or access to
				state-provided or state-sponsored benefits, including health, deferred
				compensation, insurance, retirement, and the employee assistance
				program;
(v) Searching and applying
				for state jobs, including taking an examination or participating in an
				interview; and
(vi) Placement of
				nongovernmental web page links on an agency web site for official state
				purposes as long as the use does not violate RCW  42.52.180.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-110 - Agency substantive rules › Section 292-110-020 - Working hours

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in
				RCW
				 42.52.180(1) or this rule
				prohibits a state officer or state employee from assisting in a campaign during
				nonworking hours provided that the state officer or state employee who engages
				in activity that would fall under
				RCW
				 42.52.180(1) during
				nonworking hours does not use any facilities of an agency.
(2) Some state officers and state employees
				occupy positions that have fixed schedules with the same beginning and ending
				times. For state officers and state employees with fixed schedules, working
				hours are the hours between the starting and ending times of their scheduled
				working hours. State officers and state employees with fixed schedules may not
				engage in activity that would fall under
				RCW
				 42.52.180(1) during these
				fixed working hours, unless on a lunch break under subsection (5) of this rule
				or on leave under subsection (6) of this rule.
(3) Some state officers and state employees
				occupy positions that do not have fixed schedules with the same starting and
				ending times. For state officers and state employees who do not have fixed
				schedules, working hours are defined as:
(a)
				The hours set forth in any policy on working hours adopted by their agency;
				or
(b) If the agency has not
				adopted a working hours policy, 8:00 a.m. to 5:00 p.m. Monday through Friday;
				or
(c) The work schedule for the
				state officer or state employee approved by the agency.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-110 - Agency substantive rules › Section 292-110-030 - Measurable expenditure

Current through Register Vol. 24-14, July 15, 2024
For purposes of RCW   42.52.180(2)(b)"measurable
							expenditure" means any separately identifiable cost or specific portion of a
							cost that is beyond the normal and regular costs incurred by the agency in
							responding directly to a specific inquiry from the media, a constituent, or any
							other person.
Statutory Authority: RCW  42.52.180(2)(b) and 42.52.360(2)(b). 96-22-029, §
											292-110-030, filed 10/30/96, effective 11/30/96.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-110 - Agency substantive rules › Section 292-110-050 - Advisory opinions and informal staff analysis

Current through Register Vol. 24-14, July 15, 2024
State officers and state employees are encouraged to seek an
							advisory opinion whenever they have questions concerning situations that
							implicate the Ethics in Public Service Act and corresponding rules. Advisory
							opinions are intended to provide guidance to a state officer or state employee
							in advance of an action or decision and prevent ethics violations.
(1) Requests for advisory opinions, if not
						issued in response to a motion by the board, must be written and addressed to
						either the chair of the board or the executive director. Each request should
						provide sufficient information and circumstances to enable the board to
						evaluate the request.
(2) The
						executive director will acknowledge a request for an advisory opinion within
						fifteen calendar days of receipt. Persons requesting advisory opinions will be
						notified of the status of the request at thirty day intervals until final
						action is taken.
(3) The board will
						either:
(a) Deny the request and state the
						reason(s) for the denial; or
(b)
						Issue a written advisory opinion.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-110 - Agency substantive rules › Section 292-110-060 - Current state officers and employees contracting with state agencies

Current through Register Vol. 24-14, July 15, 2024
(1)
Approval required
- Under
				RCW
				 42.52.120(2), a state
				officer or state employee must receive board approval before entering into, or
				obtaining a beneficial interest in, a contract or grant with a state agency
				only if the process for awarding the contract or grant was not open and
				competitive, or, whenever only one bid or application was received. The review
				of the contract or grant is to determine whether performance under the contract
				or grant by the state employee or state officer is in accordance with the
				Ethics in Public Service Act.
(2)
Application for approval
- State officers and state employees
				seeking the approval of the board for a contract or grant application, must
				provide the following information to the executive director no later than
				thirty days prior to the commencement of the contract or grant:
(a) A description of current official duties
				and responsibilities;
(b) A
				statement of the work to be performed and a copy of the contract or
				grant;
(c) The duration and dollar
				value of the contract or grant, if applicable;
(d) A statement that no state resources will
				be used to perform or to fulfill the contract or grant;
(e) A description of how the work will be
				performed without the use of state resources; and
(f) A statement that the employing agency has
				reviewed or approved the outside contract or grant under applicable rules or
				policies, except when requesting a conditional approval as provided in
				subsection (3)(b) of this section.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-120 - Executive ethics board - Penalty rules › Section 292-120-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this rule is to set out the criteria that the board may consider when imposing sanctions for a violation of chapter 42.52 RCW and the rules adopted under it.
Statutory Authority: RCW 42.52.360(2)(e) -(g). 97-07-058, §
											292-120-010, filed 3/18/97, effective 4/18/97.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-120 - Executive ethics board - Penalty rules › Section 292-120-020 - Board may impose sanctions

Current through Register Vol. 24-14, July 15, 2024
If the board finds a violation of chapter 42.52 RCW or rules adopted under it, the board may impose one or more of the following sanctions:
(1) Reprimand, either by letter of instruction or formal reprimand;
(2) Recommend to the appropriate authorities suspension, removal from the position, or prosecution or other appropriate remedy;
(3) A civil penalty of up to five thousand dollars per violation or three times the economic value of any thing sought or received in violation of chapter 42.52 RCW or rules adopted under it, whichever is greater. Payment of the civil penalty shall be reduced by the amount of costs paid pursuant to subsection 5;
(4) Payment of damages sustained by the state that were caused by the violation and were not recovered by the state auditor;
(5) Costs, including reasonable investigative costs, that do not exceed the amount of any civil penalty;
(6) Recommend to the governor and the appropriate agency that they request the attorney general bring an action to cancel or rescind action taken by the violator, upon a board finding that:
(a) The violation has substantially influenced the state action; and
(b) Interests of the state require cancellation or rescission.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-120 - Executive ethics board - Penalty rules › Section 292-120-030 - Criteria for determining sanctions

Current through Register Vol. 24-14, July 15, 2024
In determining the appropriate sanction, including the amount of any civil penalty, the board may consider the nature of the violation and the extent or magnitude or severity of the violation, including:
(1) The monetary cost of the violation including:
(a) The cost of the violation to the state;
(b) The value of anything received or sought in the violation;
(c) The amount of any damages incurred by the state as a result of the violation;
(d) The costs incurred in enforcement, including reasonable investigative costs;
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-120 - Executive ethics board - Penalty rules › Section 292-120-035 - Safe harbor provision

Current through Register Vol. 24-14, July 15, 2024
The board invites and encourages agencies to adopt policies
				  that prevent agency employees from violating the Ethics in Public Service Act.
				  Pursuant to RCW   42.52.360(6), the board may review and approve agency
				  policies. In determining appropriate sanctions, the board may consider agency
				  policies in effect at the time of the conduct. In addition:
(1) The board will not impose sanctions for
				conduct that would violate the Ethics in Public Service Act, if the conduct at
				issue was permitted under a board-approved agency policy, as provided for in
				RCW   42.52.360(6), prior to the conduct occurring.
(2) The effect of the safe harbor from
				sanction, as provided in WAC 292-120-035(1), shall be limited to conduct that
				conforms to a board-approved agency policy.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 02-04-003, §
											292-120-035, filed 1/23/02, effective 2/23/02.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-120 - Executive ethics board - Penalty rules › Section 292-120-040 - Payment of civil penalty

Current through Register Vol. 24-14, July 15, 2024
Payment of any monetary penalty assessed by the board must be made within 45 days of the date of the board's order, unless an extension is granted by the board.
Statutory Authority: RCW 42.52.360(2)(e) -(g). 97-07-058, §
											292-120-040, filed 3/18/97, effective 4/18/97.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-130 - Agency organization-Public records › Section 292-130-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide rules implementing
				  RCW  34.05.220 and chapter 42.56 RCW for the executive ethics
				  board.
Statutory Authority: RCW  42.52.360(2)(b). 98-22-072, §
											292-130-010, filed 11/3/98, effective 12/4/98.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-130 - Agency organization-Public records › Section 292-130-020 - Agency description-Contact information-Public records officer

Current through Register Vol. 24-14, July 15, 2024
(1) The executive
				ethics board was created by chapter 42.52 RCW to enforce the state's ethics law
				and rules adopted under it with respect to statewide elected officers and all
				other officers and employees in the executive branch, boards and commissions,
				and institutions of higher education.
(2) Any person wishing to request access to
				public records of the executive ethics board, or seeking assistance in making
				such a request, should contact the public records officer of the executive
				ethics board:
Executive Director
Executive Ethics Board
2425 Bristol Court S.W.
P.O. Box 40149
Olympia, WA 98504-0149
360-664-0871
ethics@atg.wa.gov
Information and a request form is also available at the
				  executive ethics board's website at
www.ethics.wa.gov
.
(3) The public records officer will oversee
				compliance with the act but another executive ethics board staff member may
				process the request. Therefore, these rules will refer to the public records
				officer or "designee."
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-130-020, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 98-22-072, §
											292-130-020, filed 11/3/98, effective 12/4/98.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-130 - Agency organization-Public records › Section 292-130-030 - Operations and procedures

Current through Register Vol. 24-14, July 15, 2024
The board holds regular scheduled meetings on the second
				  Friday of each month at 9:00 a.m. unless a different time is noted on the
				  agenda. The meetings are held at the administrative office location unless
				  circumstances require relocating to another site as designated by the executive
				  director of the board.
All meetings are conducted in accordance with the Open Public
				  Meetings Act (chapter 42.30 RCW). Three members of the board constitute a
				  quorum. Any matter coming before the board may be decided by a majority vote of
				  those members present and voting. Minutes shall be taken at all
				  meetings.
The board issues advisory opinions; develops education and
				  training materials; investigates, hears, and determines complaints; reviews and
				  approves agency ethics policies; and, reviews, approves, or denies contracts
				  between state officers and employees and state agencies.
Written communications intended for board consideration or
				  action shall be filed with the administrative office.
Statutory Authority: RCW  42.52.360(2)(b). 05-19-142, §
											292-130-030, filed 9/21/05, effective 10/22/05. Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-130-030, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 98-22-072, §
											292-130-030, filed 11/3/98, effective 12/4/98.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-130 - Agency organization-Public records › Section 292-130-040 - Executive director

Current through Register Vol. 24-14, July 15, 2024
The executive director shall perform the following duties
				  under the general authority and supervision of the board:
(1) Make initial determinations, pursuant to
				RCW  42.52.425 and WAC 292-100-045, regarding complaints received by the
				board;
(2) Render informal
				nonbinding advice, pursuant to WAC 292-110-050;
(3) Make initial determinations, pursuant to
				RCW  42.52.120 and WAC 292-110-060, regarding approval of certain contracts
				between state agencies and state officers or employees;
(4) Act as records officer and administrative
				arm of the board;
(5) Coordinate
				the policies of the board and the activities of board staff and supervise board
				staff as appropriate;
(6) Act as a
				liaison between the board and other public agencies; and
(7) Conduct ethics training and information
				outreach.
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-130-040, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 98-22-072, §
											292-130-040, filed 11/3/98, effective 12/4/98.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-130 - Agency organization-Public records › Section 292-130-050 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1) Public records
				are available for inspection and copying Monday through Friday, 9:00 a.m. to
				noon, and 1:00 p.m. to 4:00 p.m., excluding legal holidays and during scheduled
				board meetings. Records must be inspected at the offices of the executive
				ethics board. Many public records are also available for inspection and copying
				on
www.ethics.wa.gov
at any time,
				at no cost.
(2) An index of public
				records is available for use by members of the public, including final orders,
				stipulations and advisory opinions. The indices for these documents are
				available upon request.
(3) The
				executive ethics board will maintain its records in a reasonably organized
				manner. The executive ethics board will take reasonable actions to protect
				records from damage and disorganization. A requestor must not take executive
				ethics board records from executive ethics board offices without the permission
				of the public records officer or designee. A variety of records is available on
				the executive ethics board website at
www.ethics.wa.gov
. Requestors are
				encouraged to view the documents available on the website prior to submitting a
				records request.
(4) Any person
				wishing to inspect or copy public records of the executive ethics board should
				make the request in writing on the executive ethics board request form or
				through an online portal, or by letter or email addressed to the public records
				officer at the email address publicly designated by the executive ethics board,
				or by submitting the request in person at the executive ethics board office and
				including the following information:
(a) Name
				of requestor;
(b) Address of
				requestor;
(c) Other contact
				information, including telephone number and email address;
(d) Identification of the public records
				adequate for the public records officer or designee to locate the records;
				and
(e) The date and time of day of
				the request.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-130 - Agency organization-Public records › Section 292-130-060 - Index prior to January 1, 2001

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-130-060, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 98-22-072, §
											292-130-060, filed 11/3/98, effective 12/4/98.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-130 - Agency organization-Public records › Section 292-130-065 - Index after January 1, 2001

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-130-065, filed 6/13/01, effective 7/14/01.
Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Executive Branch › Chapter 292-130 - Agency organization-Public records › Section 292-130-070 - Public records - Officer

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  42.52.360(2)(b) and 42.52.425. 01-13-033, §
											292-130-070, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW  42.52.360(2)(b). 98-22-072, §
											292-130-070, filed 11/3/98, effective 12/4/98.