reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-84 - Penalties › Section 260-84-120 - Penalties relating to multiple NSAIDs and phenylbutazone

Current through Register Vol. 24-14, July 15, 2024
(1) Should the laboratory analysis of serum
			 or plasma taken from a horse show the presence of more than one approved
			 nonsteroidal anti-inflammatory drug (NSAID) in violation of these rules the
			 following penalties will be assessed:
(a) For
			 a first offense within a three hundred sixty-five day period - Fine not to
			 exceed $300;
(b) For a second
			 offense within a three hundred sixty-five day period - Fine not to exceed
			 $750;
(c) For a third offense
			 within a three hundred sixty-five day period - Fine not to exceed
			 $1,000.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-84 - Penalties › Section 260-84-125 - Multiple medication violations

Current through Register Vol. 24-14, July 15, 2024
(1) A trainer who receives a penalty for a
			 medication violation based upon a horse testing positive for a class 1-5
			 medication, as provided in WAC
			 260-70-685 shall be assigned
			 points based upon the substances penalty class designation for the substance.
Class
Points if Threshold
is
						Established by
WHRC
Points if No Threshold is Established
						by WHRC
Class A
N/A
6
Class B
2
4
Class C
1/2, with incremental increases of 1/2 point
						for each additional violation within 365 days
1, with incremental increases of 1/2 point
						for each additional violation within 365 days
Class D
0
0
If the stewards or commission determine that the violation is
				due to environmental contamination, they may assign fewer or no points against
				a trainer based on specific facts of the case.
(a) The points assigned to a medication
			 violation shall be included in the steward's or commission ruling. The ruling
			 will contain the penalty imposed for the original violation as defined in
			 chapters 260-70 and 260-84 WAC.
(b)
			 If an appeal is filed after the original ruling is issued, a second ruling will
			 be issued citing the appeal and stating that no points shall be applied until
			 the licensee has exhausted their rights of appeal.
(c) If the trainer's point total exceeds the
			 limit for a secondary suspension, a conference will be held to assess the
			 suspension. Once all appeals period have expired or all appeals are exhausted
			 or waived, the second conference will be held at which time the points, based
			 on the WHRC guidelines shall immediately become part of the trainer's record
			 and shall then subject the trainer to the enhanced penalties imposed by the
			 stewards or commission.
(d) A
			 trainer's cumulative points, based on the commission guidelines, for violations
			 in all jurisdictions shall be used in determining the enhanced penalty for
			 medication violations and whether enhanced penalties shall be imposed. Points
			 will be reported to Association of Racing Commissioners International and
			 become part of the trainer's official record.
(e) Multiple positive tests for the same
			 medication incurred by a trainer prior to delivery of official notice of the
			 violations by the commission may be treated as a single violation.
(f) The official ARCI record of the trainer's
			 past violations shall be prima facie evidence of a trainer's past
			 violations.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-84 - Penalties › Section 260-84-130 - Penalties for prohibited practices

Current through Register Vol. 24-14, July 15, 2024
For a person or persons found to be responsible for violation
				of WAC 260-70-545, including the
				treating veterinarian, the following penalties will be assessed:
(1) For violations of WAC
			 260-70-545, except WAC
			 260-70-545(4)(b).
(a) For first offense - Thirty day suspension
			 and $1,000 fine;
(b) For second
			 offense - Sixty day suspension and $2,000 fine;
(c) For third offense - One year suspension,
			 $2,500 fine; and
(d) For subsequent
			 offense(s) - Revocation of license and a $2500 fine.
Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-84 - Penalties › Section 260-84-135 - Penalties relating to industrial insurance

Current through Register Vol. 24-14, July 15, 2024
For trainers, whether at a race track or farm or training
				center, who fail to report correct industrial insurance requirements (number of
				persons in their employ and the number of horses in their care), the following
				penalties will be assessed:
(1)
			 Failure to report correct number of horses on the grounds will result in a fine
			 of one hundred dollars for each horse and full payment of premium.
(2) Failure to report proper identification
			 of horses entering or leaving the stable area will result in a fine of fifty
			 dollars.
(3) Failure to report the
			 correct number of employees (grooms, assistant trainers, exercise riders -
			 farm, and pony riders - farm) will result in a fine of one hundred dollars per
			 month, per employee and full payment of premium.
(4) Failure to pay industrial insurance
			 premium payment required under WAC
			 260-36-250 will result in a fine
			 of one hundred dollars if payment is not received on or prior to the dates
			 required. If the payment is not received within two days of the due date, the
			 trainer's license will be suspended until the premium and fine are received by
			 the commission. If a trainer leaves the grounds of a race track, taking his/her
			 horses and fails to pay all premiums due, the trainer may be summarily
			 suspended until the premium and the fine are received by the
			 commission.
(5) Trainers who fail
			 to comply with the industrial insurance requirements of WAC
			 260-36-250 may also have
			 conditions placed on their license, including the inability to license farm
			 employees, or being limited to conducting their business only on the grounds of
			 a Washington race track during its licensed race meet and periods of
			 training.
Statutory Authority:
				  RCW
				  67.16.020. 12-23-015, §
										260-84-135, filed 11/9/12,
				  effective 12/10/12; 12-05-042, §
										260-84-135, filed 2/10/12,
				  effective 3/12/12.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This rule is promulgated pursuant to (section 4(3), chapter 161, Laws of 1983) which directs that the Washington state housing finance commission has authority to implement the provisions of chapter 161, Laws of 1983. The purpose of these rules is to insure compliance by the Washington state housing finance commission with the provisions of chapters 34.04 and 42.17 RCW.
Statutory Authority: Chapter 43.180 RCW. 84-04-042 (Resolution No. 84-1), §
										262-01-010, filed 1/27/84.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Act" means chapter 161, Laws of 1983.
(2) "Commission" means the Washington housing finance commission.
(3) The terms defined in the act shall have the same meaning when used in these rules.
Statutory Authority: Chapter 43.180 RCW. 84-04-042 (Resolution No. 84-1), §
										262-01-020, filed 1/27/84.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-030 - Description of organization

Current through Register Vol. 24-14, July 15, 2024
(1) The commission is a public body, corporate and politic, with perpetual corporate succession. The commission is an instrumentality of the state of Washington, exercising essential government functions and, for the purposes of the United States Internal Revenue Code, acts as a constituted authority on behalf of the state of Washington when it issues bonds pursuant to chapter 161, Laws of 1983.
(2) Members. The commission shall consist of the members provided for and appointed in accordance with section 4(2), chapter 161, Laws of 1983.
(3) Officers. The officers of the commission shall be:
(a) A chair of the commission, who shall be appointed by the governor as chair and who shall serve on the commission and as chair of the commission at the pleasure of the governor;
(b) A vice chair, who shall be selected by the commission from among its membership and shall serve as chair in the absence of the appointed chair;
(c) A secretary, who shall be the state treasurer, who is a member of the commission ex officio, and who shall serve as secretary of the commission by virtue of his or her office;
(d) A treasurer, who shall be selected by the commission from its membership. The treasurer shall have custody of and be responsible for all moneys and obligations of the commission and shall deposit such moneys in such banks or other financial institutions as the commission may designate from time to time; or shall invest such moneys not required for immediate disbursement, as the commission may direct from time to time.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-040 - Meetings

Current through Register Vol. 24-14, July 15, 2024
(1) The meetings of the commission shall be "special meetings" as that designation is applied in chapter 42.30 RCW. They may be called at any time and place by the chair or by a majority of the members of the commission. At least seven days' notice of all special meetings shall be given by delivering personally or by mail to each member a written notice specifying the time and place of the meeting, and by giving such notice to the public as may be required by law. If the chair deems that an emergency exists, the chair may shorten the notice to not less than twenty-four hours. An executive session may be called by the chair or by a majority of the members of the commission for such purposes as are permitted under chapter 4.30 RCW.
(2) Quorum. A majority of the commission constitutes a quorum.
(3) Meeting procedures. Meetings of the commission shall be held in accordance with
Roberts' Rules of Order
, current revised edition, whenever requested by any member of the commission. Any contested case before the commission shall be governed by the uniform procedural rules codified in WAC 1-08-005 through 1-08-590, as now or hereafter amended, subject to any additional or revised rules the commission may add from time to time. The commission reserves the right to make whatever determination is fair and equitable should any question not covered by its rules come before the commission, so long as such determination is in accordance with the spirit and intent of the act and conforms to applicable law.
(4) Public participation. Any person or organization may be granted permission by the chair to make a presentation at any public meeting of the commission. The chair may limit remarks by any individual speaking to the commission.
Statutory Authority: Chapter 43.180 RCW. 84-04-042 (Resolution No. 84-1), §
										262-01-040, filed 1/27/84.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-050 - Public records

Current through Register Vol. 24-14, July 15, 2024
(1) Public records available. All public records of the commission shall be available for public inspection and copying unless exempt from disclosure under chapter 42.17 or 42.30 RCW.
(2) Public records officer. The commission's public records shall be under the charge of a public records officer designated by the chair. The public records officer shall be responsible for implementing the commission's rules and regulations regarding release of public records.
(3) Request for public records. Any member of the public may examine public records of the commission by directing a request to the public records officer. The public records officer shall comply with such request, unless he or she finds that the requested public records should not be disclosed for a reason permissible under chapter 42.17 RCW.
(4) Office hours. Public records shall be available for inspection and copying from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays, at the office of the commission, or, if no such office exists, at the office of the secretary.
(5) Copying. No fee shall be charged for the inspection of public records. The commission shall charge a fee of twenty-five cents per page of copy for providing copies of public records and for the use of the commission's copying equipment. This charge is the amount necessary to reimburse the commission for its actual costs incident to such copying.
(6) Access to public records. The commission reserves the right to determine that a requested public record is exempt from disclosure under the provisions of chapter 42.17 RCW. In addition, the commission reserves the right to delete identifying details when it makes available or publishes any record in any cases where there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. All denials of public records shall be accompanied by a written statement specifying the reason for withholding the record and a brief explanation of how the exemption applies to the record withheld.
(7) Records index. The secretary, or such staff of the commission designated by the chair, shall make available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated by the commission. The index shall contain such information as is required by RCW  42.17.260.
Statutory Authority: Chapter 43.180 RCW. 84-04-042 (Resolution No. 84-1), §
										262-01-050, filed 1/27/84.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-060 - Selection of bond counsel

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of selecting counsel to provide bond counsel services, the commission shall maintain a roster of bond counsel qualified to issue opinions that will be accepted by underwriting firms, bondholders, and rating agencies. Such roster shall include all firms from the state of Washington listed as municipal bond attorneys in the most recent edition of
The Directory of Municipal Bond Dealers
published by The Bond Buyer.
(2) Any bond counsel may at any time apply to the secretary of the commission to have the name of his or her firm placed on the roster or removed from the roster.
(3) Whenever the commission determines the need to retain bond counsel, it shall request proposals for bond counsel services from each bond counsel on its roster.
(4) The commission may, in its discretion, retain bond counsel (a) for the services required for the issuance of a particular bond issue, or (b) for the services required during a fixed term not to exceed two years. Where the commission has retained bond counsel for a fixed term, the commission reserves the right to select other bond counsel for a particular bond issue during the fixed term.
(5) The commission may, after reasonable notice, terminate the services of a bond counsel at any time.
(6) Upon the conclusion of a contract with any bond counsel, the chairman or the chairman's designee shall prepare a written evaluation of the firm's performance for inclusion in the commission's files.
(7) The commission shall retain and terminate bond counsel by resolution passed according to WAC 262-01-030(6).
(8) In selecting bond counsel, the commission shall consider each of the following factors:
(a) Bond counsel's experience in public finance law;
(b) Bond counsel's experience in housing finance law;
(c) Bond counsel's familiarity with Washington state constitutional and municipal law;
(d) Bond counsel's fee schedule for services;
(e) Bond counsel's regional and/or national reputation with respect to the recognition of its bond opinion;
(f) The qualifications of individual attorneys designated by bond counsel to work with the commission;
(g) Bond counsel's ability to work with the commissioners and the commission staff;
(h) Bond counsel's availability to the commissioners and the commission staff;
(i) Bond counsel's expertise in the areas of real estate tax and securities laws, and financing transactions;
(j) Bond counsel's responsiveness to requests for proposals by the commission;
(k) Other qualifications of bond counsel that the commission may, by resolution, find relevant to the hiring of bond counsel to carry out lawful purposes of the commission.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-070 - Selection of underwriters

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of selecting underwriters to provide underwriting and other financial services, the commission shall maintain a roster of underwriters qualified to manage or co-manage single-family and/or multifamily bond issues.
(2) Any underwriter may at any time apply to the secretary of the commission to have the underwriter's name placed on the roster or removed from the roster.
(3) Whenever the commission determines the need to retain underwriters, it shall request proposals for underwriter services from each underwriter on its roster.
(4) The commission may, in its discretion, retain a senior managing underwriter:
(a) For the services required during a particular bond issue; or
(b) For the services required during a fixed term not to exceed two years.
Where the commission has retained a senior managing underwriter for a fixed term the commission reserves the right to select other senior managing underwriters for a particular bond issue during the fixed term.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-080 - Use of proceeds consistent with plan

Current through Register Vol. 24-14, July 15, 2024
The commission shall expend bond proceeds in furtherance of the goals and priorities identified in its plan of housing finance. To ensure that bond proceeds are used in a manner consistent with the plan, the commission shall:
(1) Make specific findings in each resolution authorizing the issuance of bonds that the purposes for which such bonds are issued are in furtherance of its plan; and
(2) Prepare or cause to be prepared every six months from the date of issuance of any bonds until the proceeds of such bonds are expended, a report describing the manner in which bond proceeds have been used in light of the objectives of the plan.
Statutory Authority: 1983 c 161. 83-24-001 (Resolution No. 83-12), §
										262-01-080, filed 11/28/83.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-090 - Fair and equitable distribution of bond proceeds

Current through Register Vol. 24-14, July 15, 2024
(1) The commission shall distribute the proceeds of single family mortgage purchase bonds in a manner consistent with its plan of housing finance to insure, among other things, the fair geographical distribution of such proceeds throughout the state.
(2) The commission shall purchase eligible single family mortgage loans from mortgage lenders who provide such mortgage loans to eligible borrowers on a first come, first served basis following adequate public notice. Each mortgage lender shall provide a plan for commission approval which outlines how it will receive and process applications from prospective mortgagors so that the commission's funds will be distributed fairly and equitably. Such plan should address the manner by which the mortgage lender will publish the availability of such loans and how it will insure a fair and equitable process of application review. The commission reserves the right to modify such plans in consultation with mortgage lenders, in order to insure that all of its proceeds will be equitably and fairly distributed. Alternatively the commission may promulgate a plan or plans with which mortgage lenders must comply.
(3) The commission reserves the right as an alternative to subsection (2) of this section to institute a system of random allocation or drawing to assure the equitable distribution of mortgage loans.
Statutory Authority: 1983 c 161. 83-24-001 (Resolution No. 83-12), §
										262-01-090, filed 11/28/83.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-100 - Financing energy efficiency improvements

Current through Register Vol. 24-14, July 15, 2024
(1) The commission, in developing its plan of housing finance,
												shall consider energy efficiency improvements that may reasonably be achieved
												through the housing finance programs of the commission.
(2) The commission may, as part of a particular single family
												mortgage purchase bond issue, require minimum energy efficiency standards as a
												condition of eligibility for housing finance assistance or the commission may
												make bond proceeds available for rehabilitation or home improvement loans for
												energy efficiency enhancement.
(3) The commission may require applicants for multifamily
												housing financing to specify what steps will be taken to insure energy
												efficiency in the project to be financed. The commission may consider such
												plans in determining whether or not bond proceeds may be used for such
												purposes.
(4) In administering a sustainable energy trust program
												pursuant to RCW  43.180.260, the commission may (a) provide loan financing for
												qualified energy efficiency and renewable energy improvements by making loans
												or by buying or investing in loans or participations therein, and (b) establish
												eligibility criteria for projects and borrowers.
Reviser's note:
RCW  34.05.395 requires the use
														of underlining and deletion marks to indicate amendments to existing rules. The
														rule published above varies from its predecessor in certain respects not
														indicated by the use of these markings.
Reviser's note:
The typographical error in the
														above section occurred in the copy filed by the agency and appears in the
														Register pursuant to the requirements of RCW  34.08.040.
Statutory Authority: 1983 c 161. 83-24-001 (Resolution No. 83-12), §
										262-01-100, filed 11/28/83.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-110 - Contents of the qualified allocation plan

Current through Register Vol. 24-14, July 15, 2024
(1) The commission shall adopt a qualified allocation plan as required under section 42 of the code (the "plan"), which shall:
(a) Set forth selection criteria to be used to determine housing priorities of the commission which are appropriate to local conditions;
(b) Give preference in allocating housing credit dollar amounts among projects that:
(i) Serve the lowest income tenants;
(ii) Are obligated to serve qualified tenants for the longest periods; and
(iii) Are located in qualified census tracts and the development of which will contribute to a concerted community revitalization plan; and
(c) Provide a procedure which the commission shall follow in monitoring projects for noncompliance and for notifying the Internal Revenue Service of such noncompliance and in monitoring for noncompliance with habitability standards through regular site visits.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-120 - Procedures for adopting the plan

Current through Register Vol. 24-14, July 15, 2024
(1) Before adoption of the plan, the commission shall hold at least one public hearing after giving at least fourteen days notice to the public by means of publication in a newspaper of general circulation. The plan shall thereafter be adopted by resolution at a special meeting of the commission, under the procedures described in WAC 262-01-040. Public comment shall be received in writing any time up to the commencement of the special meeting, and verbal comments shall be received at all public hearing(s).
(2) The plan as adopted by the commission shall become effective upon approval by the governor. Once approved by the governor, the plan shall be made available for public review under the procedure outlined in WAC 262-01-050.
(3) The commission may amend the plan from time to time by resolution, through the procedure described above. The plan shall be amended from time to time so as to ensure that tax credit allocations comply with the requirements of the code and treasury regulations promulgated thereunder, as amended and in effect from time to time.
(4) The commission shall make copies of the plan available upon request directed to the Washington State Housing Finance Commission, 1111 Third Avenue, Suite 2240, Seattle, WA 98101.
Statutory Authority: RCW 43.180.040. 93-01-122, §
										262-01-120, filed 12/21/92, effective 1/21/93.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-130 - Tax credit program

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants for tax credit shall submit a completed application in the form prescribed by the commission and the required application fee by the deadline or deadlines set by the commission each year. The commission will not accept additional information or material changes to an application except as allowed during a prescribed correction period.
(2) As part of its application, each applicant shall submit, among other things:
(a) Its federal identification number or, if the applicant is an individual, its Social Security number;
(b) Evidence that it has control of all land necessary for completion of the project;
(c) A comprehensive market study of the housing needs of low-income individuals in the area to be served by the project;
(d) If applicable, a relocation plan for residents approved by the appropriate governmental authority;
(e) Evidence that the project is consistent with the applicable state or local consolidated plan;
(f) A written commitment to notify the relevant local public housing authority of the availability of units in the project;
(g) Evidence of the financial capacity and experience of the development team; and
(h) Evidence of the experience of the property management team.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-01 - Organization and procedures › Section 262-01-140 - Private activity bond allocation

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants for the commission's portion of the state's private activity bond allocation shall submit a completed application in the form prescribed by the commission and the required application fee by the deadline set by the commission each application round.
(2) As part of its application, each applicant shall demonstrate to the commission's satisfaction that it is ready to proceed with the financing of its project.
(3) In order to qualify to receive an allocation from the commission, a project shall meet the requirements of the code and shall be in compliance with local land-use, zoning and permitting processes. To comply with the code, at minimum, a project shall:
(a) Have:
(i) Twenty percent of the units set aside for individuals whose income is fifty percent or less of area median gross income; or
(ii) Forty percent of the units set aside for individuals whose income is sixty percent or less of area median gross income;
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-02 - Executive Conflict of Interest Act › Section 262-02-010 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
(This promulgation relates to WAC 262-02-010 through 262-02-030).
I, James L. Kirschbaum, Chair, Washington State Housing Finance Commission, P.O. Box 2665, Spokane, Washington 99550, by virtue of the authority vested in me under chapter 42.18 RCW and Executive Order 80-16, after due notice as provided under chapters 42.32 and 34.04 RCW, and a public hearing held in Seattle, Washington on July 24, 1985, do hereby promulgate the following regulations relating to conflict of interest appropriate to the specific needs of the Washington state housing finance commission.
Statutory Authority: RCW 42.18.250. 85-18-031 (Resolution No. 85-55), §
										262-02-010, filed 8/28/85.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-02 - Executive Conflict of Interest Act › Section 262-02-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) Certain provisions of chapter 154, Laws of 1994, "Ethics in public service" require interpretation through regulation to protect the Washington state housing finance commission (the "commission") and its commissioners and employees from violations of law. As provided in RCW  42.52.200, the commission may adopt rules consistent with law, for use within the commission.
(2) The legislature intended that commissioners appointed to the commission have experience with and expertise in housing matters, including housing construction and finance, and that they represent various industry and consumer groups. RCW  43.180.040(2). The commission intends that its commissioners actively participate in and lend their expertise to the deliberations of the commission. These regulations are intended to insure that decisions of the commission are based on the expertise and unbiased judgment of these commissioners and not on their self-interest.
(3) The commission issues bonds to provide a secondary market for the financing of housing and nonprofit facilities. As a result, commissioners and commission employees work closely with private sector lenders, underwriters, mortgage bankers, financial advisors, lawyers and accountants. While the commission is regularly engaged in private sector transactions, it is a public entity established by the legislature. The legislature has determined that certain activities that may be common to professional relationships in the private sector may be inappropriate or illegal when conducted by commissioners and commission employees. These regulations are intended to insure that the activities of commissioners and commission staff are consistent with the highest degree of professional conduct for public appointees and employees. Also, these regulations recognize the importance of maintaining public trust in the commission's unbiased expertise and impartial decision making. The regulations are intended to ensure that commissioners and commission staff exercise their discretion in a manner that does not create even a perception of bias.
Statutory Authority: Chapters 43.180 and 42.52 RCW. 97-16-020, §
										262-02-020, filed 7/28/97, effective 8/28/97. Statutory Authority: RCW 42.18.250. 85-18-031 (Resolution No. 85-55), §
										262-02-020, filed 8/28/85.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-03 - Debarment and temporary disqualification › Section 262-03-010 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
(This promulgation relates to WAC 262-03-010 through 262-03-090.)
I, Busse Nutley, chair, Washington State Housing Finance Commission, 1000 Second Avenue, Suite 2700, Seattle, Washington 98104-1046, after due notice as provided under chapter 34.05 RCW, and a public hearing held in Seattle, Washington on June 26, 1997, do hereby promulgate the following regulations relating to actions to debar or temporarily disqualify participants in commission programs where appropriate to further the commission's purposes and protect the public interest in doing business with responsible persons.
Statutory Authority: Chapter 43.180 RCW. 97-16-019, §
										262-03-010, filed 7/28/97, effective 8/28/97.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-03 - Debarment and temporary disqualification › Section 262-03-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) It is in the public interest that the commission provide affordable housing, as well as nonprofit cultural and social service facilities, administer orderly programs, and maximize use of the bond financing and low income housing tax credit (LIHTC) programs. To protect this public interest, it is the policy of the commission to conduct business only with responsible persons.
(2) These regulations provide debarment and temporary disqualification procedures to implement this policy. To ensure that program participants receive notice and an opportunity to be heard in any debarment or temporary disqualification action against such participants, these regulations adopt RCW  34.05.482 through 34.05.494 relating to brief adjudicative proceedings. Where these regulations are inconsistent with these procedures for brief adjudicative proceedings, the provisions of RCW  34.05.482 through 34.05.494 govern.
(3) These procedures may be extended to any new program administered by the commission.
Statutory Authority: Chapter 43.180 RCW. 97-16-019, §
										262-03-020, filed 7/28/97, effective 8/28/97.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-03 - Debarment and temporary disqualification › Section 262-03-040 - Temporary disqualification of participants

Current through Register Vol. 24-14, July 15, 2024
(1) Any participant in any covered transaction may be immediately and temporarily disqualified from such participation:
(a) If the debarment and disqualification officer determines that adequate evidence exists to support a reasonable belief that the participant is in substantial and material noncompliance sufficient to be cause for debarment; and
(b) If the debarment and disqualification officer determines that immediate action is necessary to protect the public interest in doing business with responsible persons. Consistent with the commission's purposes, the public interest includes providing affordable housing, administering orderly programs, and maximizing use of the bond financing and LIHTC programs.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-03 - Debarment and temporary disqualification › Section 262-03-050 - Proposal to debar

Current through Register Vol. 24-14, July 15, 2024
(1) If the debarment and disqualification officer determines that cause for the respondent's debarment can be established by a preponderance of the evidence, the debarment and disqualification officer may initiate proceedings pursuant to this section. Upon the decision to initiate proceedings pursuant to this section, the debarment and disqualification officer will notify the respondent of its proposal to debar by personal service or certified mail.
(2) The notice will inform the respondent that debarment is being considered, the effect of a debarment, and the reasons for the proposed debarment. The notice will also include information about the administrative review, hearings and appeals processes available to the respondent pursuant to WAC 262-03-070 through 262-03-090.
(3) A proposal to debar may, but need not, be preceded by a temporary disqualification. A proposal to debar by itself will not have any immediate effect on the respondent's status as a participant in any commission program.
(4) Upon notification of the commission's proposal to debar, the respondent will be entitled to the procedures set forth in WAC 262-03-070 through 262-03-090.
Statutory Authority: Chapter 43.180 RCW. 97-16-019, §
										262-03-050, filed 7/28/97, effective 8/28/97.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-03 - Debarment and temporary disqualification › Section 262-03-060 - Debarment

Current through Register Vol. 24-14, July 15, 2024
(1) If the debarment and disqualification officer determines, by a preponderance of the evidence, that the respondent has committed any act, or made any omission, that constitutes substantial and material noncompliance, the debarment and disqualification officer may issue an order of debarment.
(2) By way of example but not limitation, the debarment and disqualification officer may presume that the participant is in substantial and material noncompliance if:
(a) The participant is delinquent in payment of any fees due under any commission program, including the LIHTC program, and payment of the delinquent amount has been demanded via certified mail to the last known address of the participant;
(b) The participant has failed to meet any deadline under any commission program, including the LIHTC program;
(c) The participant has failed to comply with the terms, conditions or obligations of one or more covered transactions;
(d) The participant has made material misstatements or omissions in proposals or any other communication to the commission.
(e) A state or other governmental agency reports that the participant is in substantial and material noncompliance in other jurisdictional programs; or
(f) The participant has supplied insufficient or incomplete information in conjunction with any commission program.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-03 - Debarment and temporary disqualification › Section 262-03-070 - Debarment and disqualification procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Within thirty days of receipt of notice of temporary disqualification, of a proposal to debar, or of an order of debarment, a respondent may submit to the commission, in person or in writing, personally or through a representative, any information or argument in opposition to debarment and/or disqualification. This information may dispute the debarment and disqualification officer's formal, written findings of substantial and material noncompliance, identify any remedial measure or mitigating factors, or both.
(2) If, within thirty days of receipt of the information submitted pursuant to subsection (1) of this section, the commission or its designee(s) determine that there is a dispute regarding one or more material facts, the commission will appoint a hearing officer to hold a hearing in accordance with WAC 262-03-080 and authorize the hearing officer to grant appropriate relief upon review. Such hearing will take place within ninety days of the receipt of the information submitted pursuant to subsection (1) of this section and the respondent will receive no less than seven days' advance written notice indicating the time and place for the hearing.
(3) If, within twenty days of receipt of the information submitted pursuant to subsection (1) of this section, the commission or its designee(s) determine that there is no dispute regarding any material facts, the commission or its designee(s) will issue a written order without appointing a hearing officer and without holding a hearing on the matter. The order will include a brief statement of the commission or its designee(s) reasons for the determination and a statement of the availability of hearings and appeals procedures and time limits pursuant to WAC 262-03-080 and 262-03-090.
Statutory Authority: Chapter 43.180 RCW. 97-16-019, §
										262-03-070, filed 7/28/97, effective 8/28/97.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-03 - Debarment and temporary disqualification › Section 262-03-080 - Hearing procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Any hearing pursuant to WAC 262-03-070(2) will be conducted by the hearing officer appointed by the commission.
(2) The respondent may personally appear at the hearing, appear through a duly authorized representative and/or be represented by legal counsel. The respondent, representative or legal counsel will be given a full opportunity to submit and respond to papers and pleadings, to present evidence and argument, and to conduct cross-examination of witnesses.
(3) Following the hearing, the hearing officer will determine the facts by a preponderance of the evidence, issue written findings of fact, and issue a written order. The order will include a brief statement of the hearing officer's findings and order and a statement about the availability and time limits of appeals procedures pursuant to WAC 262-03-090.
Statutory Authority: Chapter 43.180 RCW. 97-16-019, §
										262-03-080, filed 7/28/97, effective 8/28/97.
Washington Administrative Code › Title 262 - Housing Finance Commission › Chapter 262-03 - Debarment and temporary disqualification › Section 262-03-090 - Appeals procedures

Current through Register Vol. 24-14, July 15, 2024
Any order issued pursuant to WAC 262-03-070(3) or 262-03-090(3) may be appealed to the full commission in accordance with the following procedures:
(1) The appeal must be in writing, signed, and received by the chair of the commission no later than ten business days after the respondent receives an order pursuant to WAC 262-03-070(3) or 262-03-080(3).
(2) The appeal must describe why the respondent believes the order pursuant to WAC 262-03-070(3) or 262-03-080(3) is erroneous, identify information in the record that the respondent would like the commission to consider, and specify a desired remedy. The commission will not entertain any claim on appeal that has not first been asserted under WAC 262-03-070 or 262-03-080. An order issued pursuant to WAC 262-03-070(3) or 262-03-080(3) will be presumed to be correct and the respondent has the burden of showing that the order is not supported by substantial evidence.
(3) The commission will schedule a meeting or set aside time during a scheduled meeting to hear appeals. Respondents appealing will receive at least seven days' advance written notice of the time and place of this meeting. The respondent may personally appear at the meeting, appear through a duly authorized representative and/or be represented by legal counsel. The respondent, representative or legal counsel will be given an opportunity to present oral argument to the commission. No witnesses may be examined.
(4) The commission will issue an appeals decision or a statement specifying the date that a decision will be issued, after hearing oral arguments, if any, but within forty-five days after receipt of the appeal. Any commission appeals decision announced orally will be confirmed in writing. The commission's written decision is a final order that is binding on the respondent and other parties. The decision will include notice that judicial review may be available.
(5) Judicial review of any final order of the commission is governed by RCW  34.05.570. In accordance with RCW  34.05.534, any person seeking judicial review first must exhaust the administrative remedies set forth in these procedures.
Statutory Authority: Chapter 43.180 RCW. 97-16-019, §
										262-03-090, filed 7/28/97, effective 8/28/97.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to promulgate rules concerning
				the board's practice and procedure pursuant to
				RCW
				 51.52.020 and to comply with
				RCW
				 42.56.040 through
				42.56.520 and chapter 40.14 RCW pertaining to public records.
Statutory Authority:
				  RCW
				   51.52.020. 91-13-038, §
										263-12-005, filed 6/14/91,
				  effective 7/15/91; Order 7, §
										263-12-005, filed
				  4/4/75.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-007 - Application of chapter

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise provided, the rules of practice and procedure
				set forth in this chapter are applicable to appeals filed with the board of
				industrial insurance appeals.
Statutory Authority:
				  RCW
				  51.52.020. 91-13-038, §
										263-12-007, filed 6/14/91,
				  effective 7/15/91. Statutory Authority:
				  RCW
				   51.52.104,
				  51.52.020 and chapters 51.48 and
				  42.17 RCW. 86-03-021 (Order 20), §
										263-12-007, filed 1/10/86.
				  Statutory Authority: RCW 51.41.060(4) and
				  
											51.52.020. 83-01-001 (Order 12),
				  §
										263-12-007, filed
				  12/2/82.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-010 - Function and jurisdiction

Current through Register Vol. 24-14, July 15, 2024
It is the function of the board as an agency to review, hold
				hearings on, and decide appeals filed from final orders, decisions or awards of
				the department of labor and industries. The jurisdiction of the board extends
				to:
(1) Appeals arising under the
			 Industrial Insurance Act (Title 51 RCW);
(2) Appeals arising under the Crime Victims
			 Compensation Act (chapter 7.68
			 RCW);
(3) Appeals arising under the
			 Washington Industrial Safety and Health Act (chapter 49.17 RCW);
(4) Appeals from assessments issued under the
			 Worker and Community Right to Know Act (chapter 49.70 RCW);
(5) Appeals arising under chapter 49.26 RCW
			 concerning the denial, suspension or revocation of certificates involving
			 asbestos projects;
(6) Appeals
			 arising under chapter 49.22 RCW concerning safety procedures in late night
			 retail establishments; and
(7)
			 Appeals arising under
			 RCW
			  41.26.048 concerning the death of a law
			 enforcement officer or firefighter in the course of employment.
Statutory Authority:
				  RCW
				  51.52.020. 98-20-109, §
										263-12-010, filed 10/7/98,
				  effective 11/7/98; 91-13-038, §
										263-12-010, filed 6/14/91,
				  effective 7/15/91; Order 7, §
										263-12-010, filed 4/4/75; Order
				  4, §
										263-12-010, filed 6/9/72; General
				  Order 3, § 1, filed 10/29/65; General Order 2, § 1, filed 6/12/63;
				  General Order 1, § 1, filed 3/23/60. Formerly WAC
				  296-12-010.
Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-015 - Administration and organization

Current through Register Vol. 24-14, July 15, 2024
(1)
Composition of the board.
The board is an independent agency of
			 the state of Washington composed of three members appointed by the governor.
			 One member is a representative of workers, one member is a representative of
			 employers, and the chairperson, who must be an active member of the Washington
			 State Bar, is the representative of the public.
(2)
Location of the board.
The
			 headquarters, and principal office of the board, is located at 2430 Chandler
			 Ct. S.W., P.O. Box 42401, in Olympia, Washington 98504-2401.
(3)
Customary office hours.
The
			 customary office hours of the board shall be from 8 a.m. to 5 p.m., Monday
			 through Friday, excluding legal holidays.
(4)
Formal board meetings.
The
			 board shall meet in formal session at its headquarters in Olympia, Washington
			 at 9 a.m. every Tuesday, and at such other times and places as the board may
			 deem necessary, subject to 24-hour notice as required by law.
(5)
Staff organization.
(a) The board's headquarters in Olympia is
			 staffed with executive, administrative and clerical personnel.
(b) The board has a staff of industrial
			 appeals judges who travel throughout the state in the performance of their
			 duties and who have their offices in Olympia and in other areas of the state as
			 is deemed necessary for efficient and cost effective handling of agency
			 business.
(c) The office of the
			 chief legal officer of the board is located at the headquarters and principal
			 office of the board.