Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-060 - Case initiation and resolution procedures-Alternative responses to noncompliance-Technical corrections-Investigation of complaints-Initiation of adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon receipt or initiation of a complaint, the PDC staff will conduct an
			 initial review pursuant to WAC
			 390-37-005.
(a) If the executive director determines that
			 any complaint is obviously unfounded or frivolous, or outside of the PDC's
			 jurisdiction, the executive director will inform the complainant and, as
			 appropriate, the respondent why no further action is warranted.
(b) The executive director may resolve a
			 matter as a technical correction pursuant to
			 RCW
			  42.17A.755. PDC staff will notify the
			 respondent of the need to make a correction and the deadline by which that
			 correction must be made. The deadline will be no less than two days and no more
			 than fourteen days from the date of the notification. The failure to make the
			 requested correction may result in the initiation of an investigation or other
			 enforcement action.
(c) The
			 executive director may resolve a matter as a remediable violation pursuant to
			 RCW
			 42.17A.-755.
(d) The executive director may resolve any
			 complaint that alleges minor violations of chapter 42.17A by issuing a formal
			 written warning. If the resolution is conditioned upon the respondent reaching
			 or maintaining compliance, specific expectations and any deadlines will be
			 clearly explained in the written warning. A respondent's failure to meet
			 conditions may result in a complaint being reopened.
(e) The executive director may use the
			 complaint publication process set out in WAC
			 390-32-030
			 to resolve any complaint that alleges minor or remediable violations or
			 warrants a technical correction under chapter 42.17A RCW.
(f) The executive director may enter into a
			 statement of understanding, in accordance with WAC
			 390-37-142.
(g) The executive director may propose a
			 stipulation to the commission before or after conducting an
			 investigation.
(h) The executive
			 director may initiate an investigation whenever an initial review of a
			 complaint indicates that a material violation may have occurred.
(i) The executive director may, with the
			 concurrence of the commission chair or vice chair, refer a complaint to the
			 attorney general, in accordance with WAC
			 390-37-042.
(j) The executive director must report at
			 each regular commission meeting a summary covering the period since the
			 previous commission meeting of all complaints initiated or received; how they
			 were categorized; the nature of the allegations; conformance to required
			 timelines; and actions taken and resolutions achieved pursuant to the
			 alternatives provided for under chapter 42.17A RCW, such as dismissals,
			 requests for technical correction, warning letters, complaint publication,
			 statements of understanding, initiations of investigations, status reviews,
			 stipulations, referrals to the attorney general's office, brief adjudicative
			 proceedings, or commission hearings.