Washington Administrative Code › Title 292 - ETHICS IN PUBLIC SERVICE › Judicial Branch › Chapter 292-09 - Agency procedural rules › Section 292-09-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
In these rules:
"Adjudicative proceeding" means a proceeding before the commission in which the person involved is given notice and an opportunity to be heard after a determination of reasonable cause that a violation of chapter 42.52 RCW or rules adopted under it has been or is being committed.
"Administrative law judge" means a person assigned by the office of administrative hearings in accordance with chapter 34.12 RCW and appointed by the commission to hear and take evidence with respect to charges against a state employee of the judicial branch.
"Commission" means the commission on judicial conduct.
"Complainant" means the organization, association, or person who makes a complaint alleging violation of chapter 42.52 RCW or rules adopted under it.
"Complaint" means a written statement on a form provided by the commission alleging facts which may upon investigation lead to a finding of a violation of chapter 42.52 RCW or rules adopted under it.
"Determination" means a written statement finding 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.
"Employee" means a state employee or state officer (as defined in RCW  42.52.010)  of the judicial branch of state government, except "judges" (as defined in RCW  2.64.010 and the Code of Judicial Conduct), or the employee's attorney, as the context suggests.
"Enforcement action" means the imposition of sanctions, which may include one or more of the following:
A reprimand;
A recommendation that the employing agency commence disciplinary action against an employee; and/or
An order for payment of any damages, civil penalties, and/or costs as permitted by chapter 42.52 RCW.
Any order for payment shall also include a reprimand.
"Fact-finder" means the commission or an administrative law judge appointed by the commission.
"Hearing" means a public hearing conducted in an adjudicative proceeding.
"Meeting" means a business meeting of the commission for any purpose other than a public hearing or executive session involving the investigation or consideration of a complaint.
"Member" means a member of the commission and includes alternates acting as members.
"Public member" means a member of the commission who is neither a lawyer nor a judge.
"Reprimand" means an enforcement action of the commission that finds that the conduct of the respondent violates chapter 42.52 RCW or rules adopted under it. A reprimand may include a requirement that the respondent follow a specified corrective course of action. The commission shall issue a written reprimand and may require the respondent to appear personally before the commission for a public reading of the reprimand. The commission shall provide a copy of the reprimand to the respondent's employing agency.
"Respondent" means a state employee of the judicial branch who is the subject of a complaint, or the employee's attorney, as the context suggests.
"Staff" means the employees, or others under personal service contract or agreement, engaged to perform commission duties and to exercise commission powers.
Statutory Authority: Art. IV, § 31 of the state Constitution, RCW 42.52.370, and chapter 2.64 RCW. 02-01-041 (Order 01-01), §
											292-09-040, 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), §
											292-09-040, filed 2/8/95, effective 3/11/95.