reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-28 - Modifications Of Reporting Requirements-Procedures › Section 390-28-020 - Definition-Applicant

Current through Register Vol. 24-14, July 15, 2024
The term applicant for the purposes of chapter 390-28 WAC means
				any person who seeks a modification of the filing requirements pursuant to
				RCW
				 42.17A.120 and these rules.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-28-020,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370. 07-14-117,
				  § 390-28-020, filed 7/3/07, effective 8/3/07; 91-22-083, §
				  390-28-020, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW
				   42.17.370(1). 85-22-029 (Order 85-04), § 390-28-020, filed 10/31/85; Order
				  62, § 390-28-020, filed 8/26/75; Order 24, § 390-28-020, filed
				  2/21/74.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-28 - Modifications Of Reporting Requirements-Procedures › Section 390-28-025 - Hearing to modify reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Any individual who considers compliance
			 with any of the reporting requirements of chapter 42.17A RCW to be a manifestly
			 unreasonable hardship in a particular case may apply for a modification of such
			 reporting requirements pursuant to
			 RCW
			  42.17A.120 and further pursuant to these
			 rules.
(2) A hearing to modify the
			 reporting requirements will be conducted pursuant to the Administrative
			 Procedure Act (chapter 34.05 RCW) and its supporting regulations (chapter 10-08
			 WAC), unless otherwise modified by chapter 390-28 WAC.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-28-025,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370. 92-05-080,
				  § 390-28-025, filed 2/18/92, effective 3/20/92; 91-22-083, §
				  390-28-025, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW
				   42.17.370(1). 85-22-029 (Order 85-04), § 390-28-025, filed 10/31/85; Order
				  62, § 390-28-025, filed 8/26/75; Order 24, § 390-28-025, filed
				  2/21/74.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-28 - Modifications Of Reporting Requirements-Procedures › Section 390-28-040 - Hearing to modify reporting-Pre hearing procedure and requirements

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant must
			 electronically submit with the commission a request for a hearing for
			 suspension or modification of reporting requirements, unless the executive
			 director makes an exception for an applicant who lacks the technological
			 ability to file reports electronically. An applicant requesting a modification
			 regarding a report filed annually including, but not limited to, the statement
			 of financial affairs, should submit the application at least forty-five days
			 before the report is due so that action on the request can be completed before
			 the filing deadline.
(2) The
			 request must contain (a) the required report completed to the extent possible,
			 (b) a statement of reasons why the reporting of required information would
			 cause a manifestly unreasonable hardship, with as much detail as possible, and
			 (c) any relevant evidence regarding the request. (A general statement, such as
			 "violates right of privacy" will not be deemed as sufficient compliance with
			 this requirement.) The applicant is encouraged to also include a proposed
			 modification to the required reporting which, in the applicant's opinion, will
			 relieve the perceived hardship.
(3)
			 The submission of a request for modification does not suspend the reporting
			 requirement of any portion of chapter 42.17A RCW. The reporting obligation
			 remains in effect unless the commission grants the request pursuant to a
			 hearing.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-28-040,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370. 91-22-083,
				  § 390-28-040, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW
				   42.17.370(1). 85-24-020 (Order 85-05), § 390-28-040, filed 11/26/85;
				  80-03-089 (Order 80-03), § 390-28-040, filed 3/4/80; Order 62, §
				  390-28-040, filed 8/26/75; Order 24, § 390-28-040, filed
				  2/21/74.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-28 - Modifications Of Reporting Requirements-Procedures › Section 390-28-060 - Hearing to modify reporting- Brief adjudicatory proceedings-Presiding officer

Current through Register Vol. 24-14, July 15, 2024
Reporting modification requests may be heard in a brief
				adjudicatory proceeding, as provided under the Administrative Procedure Act,
				RCW
				 34.05.482 through
				34.05.494,
				and WAC
				390-37-140
				through
				390-37-144.
				The commission may preside over the proceedings. Alternatively, one of the
				following persons may act as the presiding officer: The commission chair;
				another commissioner appointed by the chair; or, at the request of the
				commission chair, an administrative law judge through the office of
				administrative hearings.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-28-060,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370. 91-22-083,
				  § 390-28-060, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW
				   42.17.370(1). 85-22-029 (Order 85-04), § 390-28-060, filed 10/31/85; Order
				  67, § 390-28-060, filed 1/16/76; Order 62, § 390-28-060, filed
				  8/26/75; Order 24, § 390-28-060, filed
				  2/21/74.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-28 - Modifications Of Reporting Requirements-Procedures › Section 390-28-070 - Hearing to modify reporting-By affidavit or sworn statement

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant may
			 choose to waive a personal appearance at a hearing conducted pursuant to
			 chapter 390-28 WAC. In the event that an applicant chooses to waive such
			 appearance, the applicant must submit a written, sworn statement setting out in
			 detail the rationale for requesting modification or suspension.
(2) The commission or presiding officer will
			 decide the application in the same manner as if an appearance were made.
			 However, in the event the commission, or presiding officer is not able to reach
			 a conclusion on the request because of an insufficiency of the evidence, the
			 hearing may be adjourned for the purposes of gathering further evidence, or the
			 application may be denied.
Statutory Authority: RCW  42.17.370. 07-14-117, §
				  390-28-070, filed 7/3/07, effective 8/3/07. Statutory Authority: RCW
				   42.17.370(1). 85-22-029 (Order 85-04), § 390-28-070, filed 10/31/85; Order
				  64, § 390-28-070, filed 11/25/75; Order 62, § 390-28-070, filed
				  8/26/75; Order 24, § 390-28-070, filed 2/21/74. Formerly WAC
				  390-28-080.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-28 - Modifications Of Reporting Requirements-Procedures › Section 390-28-080 - Hearing to modify reporting-Evidence, record, adverse decisions

Current through Register Vol. 24-14, July 15, 2024
(1) All evidence
			 presented at hearings held pursuant to chapter 390-28 WAC and
			 RCW
			  42.17A.120 are considered to be a public
			 record. However, if a modification of reporting requirements is requested by a
			 filer because of a concern for personal safety that is caused by the potential
			 disclosure of information required to be reported, upon request by the filer,
			 the information submitted for that modification request regarding that safety
			 concern will not be made public prior to, or at the hearing on the request for
			 modification. In accordance with RCW 42.17A.-120, any information provided or
			 prepared by the applicant for the modification hearing will remain exempt from
			 public disclosure under chapters 42.17A and 42.56 RCW to the extent it is
			 determined at the hearing that disclosure of such information would reasonably
			 present a personal safety risk to the applicant or a member of their family. If
			 no written order is entered based on findings pursuant to this section, then
			 the exempted information will become available for public disclosure.
(2) Except as otherwise provided in
			 subsection (1) of this section, there is a presumption that all hearings and
			 evidence presented in hearing records are open to the public. Requests for
			 closure of hearings or portions of hearings or hearing records generally will
			 be denied. However, pursuant to
			 RCW
			  34.05.449(5) and
			 42.17A.120,
			 the commission or presiding officer may close the hearing or a portion of the
			 hearing or hearing record for a limited purpose to protect compelling interests
			 and where closure is specifically justified if it finds that it is necessary to
			 allow the applicant to:
(a) Provide sufficient
			 evidence to assure that proper findings are made regarding the name of an
			 entity the disclosure of which would likely adversely affect the competitive
			 position of the applicant as provided in
			 RCW
			  42.17A.120; or
(b) Provide other information or relevant
			 legal authorities for which it finds a compelling interest has otherwise been
			 shown by the applicant to close the hearing.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-28 - Modifications Of Reporting Requirements-Procedures › Section 390-28-090 - Hearing to modify reporting- Required findings

Current through Register Vol. 24-14, July 15, 2024
(1) The commission or presiding officer,
			 after a hearing, as provided in these rules, may suspend the applicable
			 reporting requirement of chapter 42.17A RCW if the commission or presiding
			 officer finds that the literal application of such requirement works a
			 manifestly unreasonable hardship in the case under consideration and if it also
			 finds that such suspension or modification will not frustrate the purposes of
			 the act. The commission or presiding officer must suspend or modify such
			 reporting requirement or requirements only to the extent necessary to
			 substantially relieve such hardship, and only upon clear and convincing proof
			 to support such claim.
(2) The
			 commission or presiding officer may approve a modification for the length of an
			 elected official's term of office, or up to three years for an executive state
			 officer. If the commission has approved a modification for more than one year,
			 and there is a material change in the applicant's circumstances or relevant
			 information after the initial year, then the applicant must request a
			 modification at least one month prior to the next filing deadline (rather than
			 at the conclusion of the approval period).
(3) The commission or presiding officer may
			 apply a modification retroactively to previously filed reports. In such cases,
			 the previously reported information of the kind that is no longer being
			 reported is confidential and exempt from public disclosure under this chapter
			 and chapter 42.56 RCW.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-28-090,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370(1).
				  85-22-029 (Order 85-04), § 390-28-090, filed 10/31/85; Order 62, §
				  390-28-090, filed 8/26/75; Order 24, § 390-28-090, filed
				  2/21/74.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-28 - Modifications Of Reporting Requirements-Procedures › Section 390-28-100 - Reporting modifications-Possible qualifications-Standards-Statement of financial affairs

Current through Register Vol. 24-14, July 15, 2024
(1) Under
			 RCW
			  42.17A.120, the commission or presiding
			 officer may modify reporting requirements, including the statement of financial
			 affairs, if literal application of the requirement would work a manifestly
			 unreasonable hardship and the suspension or modification would not frustrate
			 the purpose of the law. One or more of the following may be considered by the
			 commission or presiding officer as possible qualifications for a reporting
			 modification with respect to the statement of financial affairs, when such
			 standard is met:
(a)
Banks, savings
			 accounts, insurance policies -Financial interests.
An applicant may be
			 exempted from reporting any financial interest, otherwise required to be
			 reported by
			 RCW
			  42.17A.710(1)(b) if:
(i) The financial institution or other entity
			 in which the applicant held an interest does not engage in business in the
			 state of Washington, or is not regulated in whole or in part by the office
			 sought or held by the applicant;
(ii) Such reporting would present a
			 manifestly unreasonable hardship to the applicant; and
(iii) The interest would present no actual or
			 potential conflict with the proper performance of the duties of the office
			 sought or held.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-32 - Fair Campaign Practices Code › Section 390-32-010 - Fair Campaign Practices Code for candidates and political committees

Current through Register Vol. 24-14, July 15, 2024
Pursuant to the provisions of
				RCW
				 42.17A.110(1) and (6)  the
				public disclosure commission adopts this Fair Campaign Practices Code:
(1) I shall conduct my campaign, and to the
			 extent reasonably possible shall insist that my supporters conduct themselves,
			 in a manner consistent with the best American tradition, discussing the issues
			 and presenting my record and policies with sincerity and candor.
(2) I shall uphold the right of every
			 qualified voter to free and equal participation in the election
			 process.
(3) I shall not
			 participate in, and I shall condemn, personal vilification, defamation, and
			 other attacks on any opposing candidate or party which I do not believe to be
			 truthful, provable, and relevant to my campaign.
(4) I shall not use or authorize, and I shall
			 condemn material relating to my campaign which falsifies, misrepresents, or
			 distorts the facts, including but not limited to malicious or unfounded
			 accusations creating or exploiting doubts as to the morality, patriotism or
			 motivations of any party or candidate.
(5) I shall not appeal to, and I shall
			 condemn appeals to, prejudices based on race, creed, sex or national
			 origin.
(6) I shall not practice,
			 and I shall condemn practices, which tend to corrupt or undermine the system of
			 free election or which hamper or prevent the free expression of the will of the
			 voters.
(7) I shall promptly and
			 publicly repudiate the support of any individual or group which resorts, on
			 behalf of my candidacy or in opposition to that of my opponent(s) to methods in
			 violation of the letter or spirit of this code.
(8) I shall refrain from any misuse of the
			 Public Disclosure Law, chapter 42.17A RCW to gain political advantage for
			 myself or any other candidate.
Statutory Authority:
				  RCW
				  42.17A.110. 12-03-002, § 390-32-010,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370(1).
				  85-22-029 (Order 85-04), § 390-32-010, filed 10/31/85; Order 93, §
				  390-32-010, filed 8/26/77; Order 64, § 390-32-010, filed 11/25/75; Order
				  62, § 390-32-010, filed 8/26/75; Order 50, § 390-32-010, filed
				  3/3/75.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-32 - Fair Campaign Practices Code › Section 390-32-020 - Filing - Fair Campaign Practices Code

Current through Register Vol. 24-14, July 15, 2024
(1) A copy of the code provided in WAC
			 390-32-010 shall be printed in
			 appropriate campaign reporting instructions made available to candidates and
			 political committees.
(2) Failure
			 to subscribe to the code shall not constitute a violation of chapter 42.17A
			 RCW.
Statutory Authority:
				  RCW
				  42.17A.110. 12-03-002, § 390-32-020,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370. 92-18-002,
				  § 390-32-020, filed 8/20/92, effective 9/20/92. Statutory Authority: RCW
				   42.17.370(1). 86-08-030 (Order 86-02), § 390-32-020, filed 3/26/86;
				  85-22-029 (Order 85-04), § 390-32-020, filed 10/31/85; Order 93, §
				  390-32-020, filed 8/26/77; Order 91, § 390-32-020, filed 7/22/77; Order
				  62, § 390-32-020, filed 8/26/75; Order 59, § 390-32-020, filed
				  7/16/75; Order 52, § 390-32-020, filed
				  4/17/75.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-32 - Fair Campaign Practices Code › Section 390-32-030 - Complaint publication-Fair Campaign Practices Code-Alternative to investigation or adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Written and signed complaints alleging a violation of one or more specific
			 provisions of WAC
			 390-32-010.
			 The Fair Campaign Practices Code may be submitted to the commission by any
			 person.
(a) Subject to the limitations in
			 subsection (4) of this section, upon receipt of a complaint under subsection
			 (1) of this section, the executive director shall forward a copy of the
			 complaint to the respondent within twenty-four hours, accompanied by a request
			 for a response to the complaint returned within five business days from the
			 date of mailing.
(b) Upon receipt
			 of any response, the executive director shall forward a copy of the response to
			 the complainant. A copy of the complaint and the response shall be sent to news
			 media at the expiration of the five business days for response. The complaint
			 and the response shall be available at the commission office for public
			 inspection and copying. If no response is received within five business days,
			 the complaint shall be made public without a response.
(c) The commission will not issue comments or
			 opinions about complaints or responses received under this
			 subsection.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-001 - Enforcement cases-Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
The public disclosure commission (PDC) enforces chapter 42.17A
				RCW concerning campaign financing, lobbyist reporting, reporting of public
				officials' financial affairs, reporting by public treasurers, political
				advertising, campaign contribution limitations and the other provisions in
				chapter 42.17A RCW. (The PDC does not enforce the Public Records Act under
				chapter 42.56 RCW.
				RCW
				 42.56.550 provides for direct review by the
				superior courts for persons seeking to enforce chapter 42.56
				RCW.)
Statutory Authority:
				  RCW
				   42.56.100,
				  42.56.040, and
				  42.17A.110. 12-18-015, §
				  390-37-001, filed 8/24/12, effective 9/24/12. Statutory Authority: RCW
				   42.17.370. 03-22-065, § 390-37-001, filed 11/4/03, effective
				  12/5/03.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-005 - Complaint review and categorization

Current through Register Vol. 24-14, July 15, 2024
(1) PDC staff, upon receiving or initiating a
			 complaint, will promptly conduct an initial review and preliminarily assign
			 matters to certain categories.
(2)
			 Upon initial review, a matter may be preliminarily categorized as:
(a) Unfounded or frivolous, pursuant to WAC
			 390-37-060;
(b) A remediable violation, pursuant to
			 RCW
			  42.17A.005;
(c) Appropriate for resolution as a technical
			 correction, pursuant to
			 RCW
			  42.17A.005;
(d) A minor violation, appropriate for
			 alternative resolution alternatives, pursuant to WAC
			 390-37-061;
(e) Appropriate to initiate an investigation
			 as to whether or not there has been a material violation;
(f) Appropriate for referral to the attorney
			 general, pursuant to WAC
			 390-37-042;
			 or
(g) Other status as authorized
			 and appropriate under chapter 42.17A RCW or Title 390 WAC.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-010 - Enforcement procedures-General

Current through Register Vol. 24-14, July 15, 2024
This chapter provides the procedures for the PDC's enforcement
				of compliance with chapter 42.17A RCW, including categorization of enforcement
				matters, complaint processes, alternative resolutions, investigations, and
				adjudicative proceedings (enforcement hearings) in compliance cases under the
				commission's jurisdiction. The procedures are also governed by
				RCW
				 42.17A.755, and the adjudicative proceedings
				provisions of chapter 34.05 RCW. Unless they differ or are otherwise
				specifically addressed in this chapter, the procedures, are supplemented by the
				model rules of procedure in chapter 10-08 WAC. In lieu of holding an
				adjudicative proceeding or issuing an order as a result of such a proceeding,
				the commission may refer the matter to the attorney general or other law
				enforcement agency at any time, pursuant to
				RCW
				 42.17A.105 and
				42.17A.755.
In addition, the procedures for a person required to file a
				report under this chapter to request a hearing on a petition to modify or
				suspend reporting requirements are provided in
				RCW
				 42.17A.120 and chapters 390-24 and 390-28
				WAC.
The policy of the PDC is to facilitate the resolution of
				compliance matters in a fair and expeditious manner. The PDC encourages the
				parties to consider corrections, alternative resolution, partial resolution,
				statements of understanding, settlement and stipulation procedures as set forth
				in WAC
				390-37-040,
				390-37-060,
				390-37-062,
				390-37-075,
				390-37-090,
				or
				390-37-142
				whenever appropriate. Informal settlements are encouraged by
				RCW
				 34.05.060.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-37-010,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370. 03-22-065,
				  § 390-37-010, filed 11/4/03, effective 12/5/03; Order 79, §
				  390-37-010, filed 6/25/76.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-020 - Enforcement procedures-Who may allege a violation with the PDC

Current through Register Vol. 24-14, July 15, 2024
Alleged violations of chapter 42.17A RCW may be brought to the
				attention of the PDC staff by:
(1) A
			 member of the public;
(2) The PDC
			 staff;
(3) A commission member, who
			 shall thereafter, in their discretion, determine whether disqualification from
			 participating in the adjudication of an enforcement matter that may arise from
			 a complaint regarding the alleged violation(s) is appropriate;
(4) Referral from the office of the attorney
			 general or any other law enforcement agency; or
(5) A state agency, local agency or member of
			 a state or local agency.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-37-020,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370. 93-24-003,
				  § 390-37-020, filed 11/18/93, effective 12/19/93. Statutory Authority: RCW
				   42.17.370(1). 84-12-017 (Order 84-03), § 390-37-020, filed 5/25/84; Order
				  79, § 390-37-020, filed 6/25/76.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-030 - Enforcement procedures-Standing and notice for complainants

Current through Register Vol. 24-14, July 15, 2024
(1) When a complaint is
			 filed with the PDC other than by PDC staff pursuant to WAC
			 390-37-040,
			 neither the complainant nor any other person shall have special standing to
			 participate or intervene in any investigation or consideration of the complaint
			 by the commission or its staff. However, the staff shall give notice to the
			 complainant of any commission hearings on the matter and the complainant may be
			 called as a witness in any enforcement hearing or investigative proceeding. The
			 commission's presiding officer has the discretion to allow comment by a person
			 other than the respondent during the consideration of a complaint by the
			 commission. Any person who wishes to comment should notify staff at least three
			 business days before the proceeding.
(2) The complainant or any other person may
			 submit documentary evidence and/or written factual or legal statements to the
			 staff at any time up to and including the fifth calendar day before the date of
			 any enforcement hearing or proceeding, but complainants are encouraged to
			 provide as much information as possible at the time of filing a complaint to
			 help ensure the complaint review and investigation processes are as thorough as
			 possible. Complainants and others are encouraged to submit evidence
			 electronically wherever feasible.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-37-030,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370(1).
				  04-12-058, § 390-37-030, filed 5/28/04, effective 6/28/04. Statutory
				  Authority: RCW  42.17.370. 03-22-065, § 390-37-030, filed 11/4/03,
				  effective 12/5/03; 02-23-001, § 390-37-030, filed 11/6/02, effective
				  12/7/02. Statutory Authority: RCW  42.17.370(1). 86-04-071 (Order 86-01), §
				  390-37-030, filed 2/5/86; 84-12-017 (Order 84-03), § 390-37-030, filed
				  5/25/84; Order 79, § 390-37-030, filed
				  6/25/76.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-040 - Enforcement procedures-Procedures for filing complaints with the PDC

Current through Register Vol. 24-14, July 15, 2024
(1) A complaint filed
			 with the PDC must be by electronic writing. Complainants must use the form(s)
			 provided by the PDC on its web site. The executive director may waive this
			 requirement and allow for the use of another written format on the basis of
			 hardship.
(2) A complaint must
			 include:
(a) A statement of the nature of the
			 alleged violation or violations, referencing chapter 42.17A RCW and/or Title
			 390 WAC (if known), date, time and place of each occurrence and name of person
			 or persons believed to be responsible, and a description of the impact of the
			 alleged violation on the public;
(b) All available documentation and other
			 evidence which the complainant is able to supply that supports the allegations
			 made in the complaint. Information about where documents or evidence can be
			 obtained and any relevant contact information should be included for any items
			 that cannot be supplied with the complaint;
(c) The names and telephone numbers, email
			 addresses, and U.S. mail address, if known, of any witnesses or other persons
			 who have knowledge of facts related to the complaint;
(d) The complainant's name, email address
			 which will be the PDC's official method of communication, U.S. mail address,
			 and telephone number;
(e) The
			 signature of the complainant certifying under penalty of perjury under the laws
			 of the state of Washington that the information provided with the complaint is
			 true and correct to the best of their knowledge and belief; and
(f) Other pertinent information, as required
			 by the PDC.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-041 - Citizen action notice procedures-Allegations submitted to the attorney general's office and/or prosecuting attorneys (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-37-041,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370(1).
				  04-12-059, § 390-37-041, filed 5/28/04, effective 6/28/04. Statutory
				  Authority: RCW  42.17.370. 03-22-065, § 390-37-041, filed 11/4/03,
				  effective 12/5/03.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-042 - Enforcement procedures-Process and criteria for referring enforcement matters to the attorney general

Current through Register Vol. 24-14, July 15, 2024
(1) When a
			 complaint is filed or initiated by the PDC, the PDC may refer the matter at any
			 time to the attorney general in accordance with
			 RCW
			  42.17A.755. The determination to refer a
			 matter to the attorney general will be made by either:
(a) A majority vote of the commission at a
			 regular or special commission meeting; or
(b) By the executive director with the
			 documented concurrence by electronic writing of either the chair or vice chair
			 of the commission.
Any referral to the attorney general will be made in writing
				and may be made by electronic transmission.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-050 - Enforcement procedures- Respondent's notice of complaint

Current through Register Vol. 24-14, July 15, 2024
(1) Within ten days of receipt by the PDC of
			 a complaint which on its face appears to have merit, or initiation of a
			 complaint by the PDC staff, the PDC staff must notify the respondent that a
			 complaint has been filed, along with an explanation of possible next steps,
			 including the categorization process under WAC
			 390-37-005.
			 Sending the complaint to the respondent's email address of record as provided
			 to the PDC will constitute sufficient notice.
(2) The notice must set forth the nature of
			 the complaint and the statutory and/or rule provision(s) alleged to have been
			 violated.
(3) Respondents who wish
			 to respond must file their response electronically within fourteen days of
			 being notified by PDC staff, addressing the alleged noncompliance in the
			 complaint. The response may address the respondent's view of which category or
			 categories appropriately address the alleged noncompliance pursuant to WAC
			 390-37-005
			 remediable, technical corrections, etc.). The PDC staff may provide for a
			 shorter response period in order to conclude a timely investigation so the
			 public will not be deprived of important information before the
			 election.
(4) If an alternative
			 response to the alleged violation has been issued as provided by this chapter,
			 the notice must also describe that response, including any conditions the
			 respondent is required to meet.
Statutory Authority: RCW  42.17.370. 03-22-065, §
				  390-37-050, filed 11/4/03, effective 12/5/03. Statutory Authority: RCW
				   42.17.370(1). 79-08-046 (Order 79-03), § 390-37-050, filed 7/19/79; Order
				  81, § 390-37-050, filed 7/22/76.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-061 - Enforcement procedures-Alternative responses to noncompliance-Goals and objectives-Factors to be considered

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 considering appropriate responses to violations, the PDC staff will consider
			 whether an investigation or adjudicative proceeding constitutes an efficient
			 and effective use of public funds; or whether an alternative response better
			 meets the PDC's mission and public expectations by allowing the expedited
			 resolution of minor violations and technical reporting errors, and the focusing
			 of resources on more significant violations of chapter 42.17A RCW and Title 390
			 WAC.
(2) A minor violation is a
			 violation that occurs:
(a) When required
			 information is not timely disclosed, but the public is not deprived of critical
			 information;
(b) When incomplete
			 information is disclosed, but a good faith effort to comply with disclosure is
			 made, and the public is not deprived of critical information; or
(c) When any other violation of chapter
			 42.17A RCW has occurred that does not materially affect the public
			 interest.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-062 - Enforcement procedures-Alternative responses-Cases resolvable by stipulation prior to an investigation-Penalty schedule

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of WAC 390-37-062 is to set
			 forth a schedule of violations and penalties that may be agreed to by a
			 respondent pursuant to a stipulation prior to an investigation, as authorized
			 by
			 RCW
			  42.17A.755. That schedule appears in the
			 table below.
(2) A violation not
			 set forth in the schedule may be resolved pursuant to a stipulation, provided
			 that the proposed penalty amount is within the dollar ranges listed in the
			 schedule.
(3) "Occasion" as used in
			 the schedule means a violation found by the commission.
(4) Only violations within the last five
			 years will be considered for determining whether the violation under
			 consideration will be deemed a second or third occasion.
(5) Any proposed stipulation must be in
			 writing, must include a brief recitation of the facts, violations, and penalty,
			 and be signed by each party to the stipulation or their representative and
			 provided by 4:00 p.m. three business days preceding the commission meeting. The
			 executive director will sign for PDC staff.
(6) The commission has the option of
			 accepting, modifying or rejecting the proposed stipulation. If the commission
			 accepts the stipulation, or modifies the stipulation with the agreement of the
			 parties, the commission will enter an order in conformity with the terms of the
			 stipulation. If the commission rejects the stipulation, the commission staff
			 may consider whether:
(a) An investigation
			 should be initiated; or
(b) The
			 matter may appropriately be resolved in another manner.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-063 - Enforcement procedures- Demand for information-Subpoenas

Current through Register Vol. 24-14, July 15, 2024
(1) During the course of a PDC audit or
			 investigation, the executive director may issue a subpoena directed to any
			 person who probably possesses information which is relevant and material to the
			 audit or the investigation. The subpoena must:
(a) Specifically describe the information
			 which is sought; and
(b) Set forth
			 a reasonable time and place for the production of the information;
			 and
(c) Notify the person that if
			 the information is not produced, the executive director will apply to the
			 superior court for an appropriate order or other remedy.
The subpoena may be personally delivered or sent by certified
				mail, return receipt requested.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-070 - Enforcement procedures-Complaints dismissed by executive director after an investigation has been commenced

Current through Register Vol. 24-14, July 15, 2024
The executive director, at any time prior to consideration by
				the commission, may dismiss a complaint which on its face, or as shown by
				investigation, provides reason to believe that a violation has occurred, but
				also shows that the respondent is in substantial compliance with the relevant
				statutes or rules, or shows that formal enforcement action is not warranted.
				The executive director must report at each regular commission meeting all
				complaints dismissed.
Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-37-070,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370. 03-22-065,
				  § 390-37-070, filed 11/4/03, effective 12/5/03. Statutory Authority: RCW
				   42.17.390. 94-05-010, § 390-37-070, filed 2/3/94, effective 3/6/94.
				  Statutory Authority: RCW  42.17.370(1). 86-04-071 (Order 86-01), §
				  390-37-070, filed 2/5/86; 84-12-017 (Order 84-03), § 390-37-070, filed
				  5/25/84; Order 81, § 390-37-070, filed
				  7/22/76.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-071 - Enforcement procedures-Initial hearing (case status review prior to ninety days)

Current through Register Vol. 24-14, July 15, 2024
(1) After
			 initiating an investigation pursuant to WAC
			 390-37-060,
			 the executive director will conduct a case status review, referred to as an
			 initial hearing in
			 RCW
			  42.17A.755. The case status review is not an
			 adjudicative proceeding conducted pursuant to the Administrative Procedure Act
			 (chapter 34.05 RCW). Its purpose is to ensure the investigation, is being
			 conducted expeditiously and to provide an opportunity to discuss possible
			 alternative resolutions.
(2) The
			 case status review will be conducted within ninety days of the complaint being
			 filed in the matter, and may be held by telephone conference or in-person at a
			 time and place specified by PDC staff. Notice of the case status review will be
			 delivered electronically whenever possible.
(3) Participation in the case status review
			 by the respondent is not mandatory. The failure to participate in the hearing
			 will not prejudice any rights of the respondent with respect to the
			 investigation or potential adjudication of the matter.
(4) The case status review shall have a set
			 time limit as determined by the executive director.
(5) At the case status review, the executive
			 director shall have the authority to:
(a)
			 Provide the respondent with a brief opportunity to explain the respondent's
			 view of the matter, including why further investigation may not be
			 warranted;
(b) Identify any
			 available options to resolve the matter;
(c) When appropriate, encourage the parties
			 to enter into a stipulated agreement as authorized by
			 RCW
			  42.17A.755 and WAC 390-37-062; and
(d) Consider such other matters as may aid in
			 the investigation, disposition or resolution of the matter.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-075 - Enforcement procedures-Deferred enforcement after an investigation has been commenced

Current through Register Vol. 24-14, July 15, 2024
(1) As provided
			 by WAC
			 390-37-060,
			 the chair or the chair's designee commissioner may authorize deferred
			 enforcement:
(a) Following a case status
			 review provided for in WAC 390-37-071, referred to as an initial hearing in
			 RCW
			  42.17A.755, in lieu of a formal
			 investigation;
(b) Following an
			 investigation, in lieu of a notice of administrative charges for an
			 adjudicative proceeding; or
(c)
			 After a notice of administrative charges, prior to an adjudicative
			 proceeding.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-090 - Enforcement procedures-Cases resolvable by stipulation after an investigation and prior to an enforcement hearing (adjudicative proceeding)

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			  34.05.060 authorizes agencies to establish by
			 rule specific procedures for attempting and executing informal settlement of
			 matters. The following procedures are available for informal dispute resolution
			 prior to an adjudicative proceeding that may make more elaborate proceedings
			 under the Administrative Procedure Act unnecessary.
(a) Any enforcement matter before the
			 commission which has not yet been heard in an adjudicative proceeding may be
			 resolved by settlement. The respondent shall communicate their request to the
			 executive director or designee (commission staff), setting forth all pertinent
			 facts and the desired remedy. Settlement negotiations shall be informal and
			 without prejudice to rights of a participant in the negotiations.
(b) The executive director and respondent may
			 also agree to a stipulation of facts, violations, and/or penalty. The
			 commission staff shall prepare the stipulation for presentation to the
			 commission.
(c) Any proposed
			 stipulation shall be in writing, must include a brief recitation of the facts,
			 violations and penalty, and be signed by each party to the stipulation or their
			 representative. The executive director shall sign for PDC staff. Any
			 stipulation to facts, violations, or penalty shall be provided by 4:00 p.m.
			 three business days preceding the hearing. The commission has the option of
			 accepting, rejecting, or modifying the proposed stipulation or asking for
			 additional facts to be presented. If the commission accepts the stipulation or
			 modifies the stipulation with the agreement of the parties, the commission
			 shall enter an order in conformity with the terms of the stipulation. If the
			 commission rejects the stipulation or either party does not agree to the
			 commission's proposed modifications to the stipulation, and if no revised
			 stipulation or staff report is presented to the commission, then an
			 adjudicative proceeding shall be scheduled and held.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-100 - Enforcement procedures-Conduct of hearings (adjudicative proceedings)

Current through Register Vol. 24-14, July 15, 2024
(1) An enforcement
			 hearing (adjudicative proceeding) will be conducted pursuant to the
			 Administrative Procedure Act (chapter 34.05 RCW). Chapter 390-37 WAC further
			 governs these proceedings, as supplemented by chapter 10-08 WAC. To the extent
			 chapters 390-37 and 10-08 WAC differ, chapter 390-37 WAC controls.
(2) An adjudicative proceeding must be heard
			 by the commission, except for brief adjudicative proceedings which may be
			 conducted by a presiding officer pursuant to WAC
			 390-37-142.
			 The commission may request through the office of administrative hearings the
			 appointment of an administrative law judge to preside over any adjudicatory
			 proceeding.
(3) The commission or
			 the presiding officer have the authority to:
(a) Determine the order of presentation of
			 evidence;
(b) Administer oaths and
			 affirmations;
(c) Rule on
			 procedural matters, objections, and motions;
(d) Rule on offers of proof and receive
			 relevant evidence;
(e) Pursuant to
			 RCW
			  34.05.449(5), close parts of
			 a hearing to public observation or order the exclusion of witnesses upon a
			 showing of good cause;
(f)
			 Interrogate witnesses called by the parties in an impartial manner to develop
			 any facts deemed necessary to fairly and adequately decide the
			 matter;
(g) Call additional
			 witnesses and request additional exhibits deemed necessary to complete the
			 record and receive such evidence subject to full opportunity for
			 cross-examination and rebuttal by all parties;
(h) Take official notice of facts pursuant to
			 RCW
			 34.05.-452(5);
(i) Regulate the course of the hearing and
			 take any appropriate action necessary to maintain order during the
			 hearing;
(j) Permit or require oral
			 argument or briefs and determine the time limits for submission
			 thereof;
(k) Issue an order of
			 default pursuant to
			 RCW
			  34.05.440;
(l) Take any other action necessary and
			 authorized by any applicable statute or rule;
(m) Waive any requirement of these rules
			 unless a party shows that it would be prejudiced by such a waiver;
			 and
(n) The commission chair or the
			 chair's designee may conduct the procedural aspects of the adjudicative
			 proceeding under (a) through (m) of this subsection, unless a majority of
			 members present vote to seek a full commission decision on any particular
			 matter.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-103 - Enforcement procedures-Commission options following receipt of a staff report on alleged violations

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a PDC staff report concerning alleged
				violations, the commission may:
(1)
			 Direct the executive director to pursue an alternative resolution as provided
			 in WAC
			 390-37-060;
(2) Defer enforcement as provided in WAC
			 390-37-075;
(3) Issue an order; or
(4) Refer the matter or apparent violations
			 to the attorney general or other enforcement agency pursuant to
			 RCW
			  42.17A.105(5) and
			 42.17A.755.
Statutory Authority: RCW  42.17.130 and 42.17.093. 12-01-047,
				  § 390-37-103, filed 12/14/11, effective 1/14/12. Statutory Authority: RCW
				   42.17.370. 03-22-065, § 390-37-103, filed 11/4/03, effective
				  12/5/03.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-105 - Enforcement hearings (adjudicative proceedings)-Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
(1) In any prehearing
			 conference prior to an enforcement hearing (adjudicative proceeding), the
			 presiding officer upon their own motion or upon request by one of the parties
			 or their qualified representative, may direct the parties to appear at a
			 specified time and place for a conference to consider:
(a) Identifying and simplifying
			 issues;
(b) The necessity of any
			 amendments to the case documents;
(c) The possibility of obtaining
			 stipulations, admissions of facts and of documents;
(d) Limiting the number and consolidation of
			 the examination of witnesses;
(e)
			 Submitting proposed orders;
(f)
			 Deadlines for briefs, exhibit and witness lists and objections thereto,
			 proposed orders, and other procedural matters as may aid in the conduct of the
			 proceeding.
Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-120 - Enforcement hearings (adjudicative proceedings-Subpoenas-Discovery-Hearings

Current through Register Vol. 24-14, July 15, 2024
(1) The commission, or
			 presiding officer, may issue subpoenas for discovery, subpoenas to persons to
			 appear and give testimony, and may require the production of any books, papers,
			 correspondence, memorandums, or other records deemed relevant or material and
			 the commission or presiding officer may issue protective orders as a part of an
			 enforcement hearing. The PDC staff or its legal representative may issue
			 subpoenas as may the attorney of the party against whom action is being taken.
			 Upon request of the commission or presiding officer, all subpoenas must be
			 filed with the commission, together with proof of proper service. Such
			 subpoenas will issue and may be enforced in the form and manner set forth in
			 RCW
			  34.05.446 and WAC
			 10-08-120(4).
			 The subpoena may be personally delivered or sent by certified mail, return
			 receipt requested.
(2) The
			 commission, or presiding officer, upon motion or before the time specified in
			 the subpoena for compliance therewith, 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.