Washington Administrative Code

Application for participation in PIECP.Jurisdictions seeking to participate in PIECP will complete the following one-time information request to assist with program planning and ensure initial compliance with local, state and federal requirements. The information will be reviewed…

The board adopts the brief adjudicative proceedings procedures permitted by RCW 34.05.482 through 34.05.494 and WAC 10-08-080 computation of time for adjudicative proceedings requested by applicants who:(1) Are denied certification; or(2) Are the subject of decertification action…

If the full board finds that the issue and interests raised in the request for adjudicative proceeding warrant the use of procedures of RCW 34.05.410 through 34.05.479, the board may conduct a formal adjudicative proceeding and hereby adopts the model rules of procedure as set fo…

Requests for an adjudicative proceeding must be made in writing to the board within twenty-one days of receiving notice of a certification or decertification action. Requests may be made by:(1) The correctional facility and/or business seeking certification; or(2) The correctiona…

Failure to apply for an adjudicative proceeding within the times set forth in WAC 288-06-020 shall result in the adoption of the board's initial determination as its final determination. Failure to attend or otherwise participate in an adjudicative proceeding may result in a find…

(1) The preliminary record with respect to an application for a prison industries enhancement certification program certification is:(a) The application for the certification and all associated documents;(b) All documents relied upon by the board in proposing to deny the applicat…

(1) Brief adjudicative proceedings shall be conducted by the chair of the board or other presiding officer for brief adjudicative proceedings as designated by the chair.(2) The parties or their representatives may present written documentation. The presiding officer for brief adj…

The agency record of brief adjudicative proceedings shall consist of:(1) The preliminary record as set forth in WAC 288-06-050;(2) All initiating documents including the notice of opportunity to defend;(3) The request for adjudicative proceeding;(4) All documents submitted in the…

The purpose of this chapter is to provide rules implementing the Ethics in Public Service Act (chapter 42.52 RCW) according to procedures prescribed in Article IV, Section 31, of the Constitution of the state of Washington and chapter 2.64 RCW for the commission on judicial condu…

The commission on judicial conduct is constitutionally created to investigate and consider complaints concerning judges. The commission also has jurisdiction to investigate and consider complaints of violations of the Ethics in Public Service Act (chapter 42.52 RCW) or rules adop…

Six members of the commission must be present to take action at a commission business meeting. The adoption of or amendment to the rules of the commission shall require the affirmative vote of six members of the commission.[Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of …

In these rules:"Adjudicative proceeding" means a proceeding before the commission in which the person involved is given notice and an opportunity to be heard after a determination of reasonable cause that a violation of chapter 42.52 RCW or rules adopted under it has been or is b…

(1) Any organization, association, or person, including a member of the commission, may make a complaint to the commission alleging violation of chapter 42.52 RCW or rules adopted under it. A complaint shall be made in writing on a form provided by the commission. A complaint may…

If the commission determines that reasonable cause exists that the respondent has violated chapter 42.52 RCW or rules adopted under it, the commission shall schedule a public hearing on the merits of the complaint.[Statutory Authority: Art. IV, § 31 of the state Constitution, RCW…

The respondent shall file a written answer to the complaint not later than thirty days after receipt of the determination that there is reasonable cause. Failure to file a written answer shall be deemed an admission to the facts alleged in the complaint and the determination.[Sta…

Any matter before the commission may be disposed of by a stipulation at any stage of the proceeding. The respondent and a member of the commission staff shall sign the stipulation before presentation to the commission. The commission may impose any terms and conditions deemed app…

Part IV—Adjudicative Proceedings—of chapter 34.05 RCW and the model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use by the commission. In the case of conflict b…

(1) In matters involving an adjudicative proceeding, the commission may designate as presiding officer a member of the commission, or an administrative law judge assigned by the office of administrative hearings under the authority of chapter 34.12 RCW.(2) A person who has served…

The statutes and court rules regarding pretrial procedures in civil cases in superior courts of the state of Washington shall be used where applicable unless in conflict with this chapter.[Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Constitution. WSR 95-05-0…

The presiding officer may permit discovery in an adjudicative proceeding. The presiding officer shall have the power to control the frequency and nature of discovery permitted and to order conferences to discuss discovery issues.[Statutory Authority: RCW 42.52.370 and Art. IV, § …

(1) Upon filing of a determination of reasonable cause, a public fact-finding hearing will be scheduled at a location and time selected by the commission. The respondent shall have at least twenty days notice of the hearing and shall appear at the hearing in person, with or witho…

Any document filed with the commission under the provisions of the Administrative Procedure Act, chapter 34.05 RCW; model rules of procedure, chapter 10-08 WAC; and this chapter shall be filed with the Commission on Judicial Conduct, 210 11th Avenue SW, #400, Olympia, WA 98504 or…

All witnesses shall receive fees and expenses in the amount allowed by law for witnesses in the superior court. The person calling the witness shall be responsible for paying the witness's fees and expenses.[Statutory Authority: RCW 42.52.370 and Art. IV, § 31 of the state Consti…

(1) Investigative. The commission may subpoena witnesses, compel their attendance, administer oaths, take testimony of a person under oath, or require production for examination of any books, accounts, records, certificates, or papers relating to any matter under investigation or…

Except as otherwise provided by law, judicial review of a commission order that a violation of chapter 42.52 RCW or rules adopted under it has occurred is governed by the provisions of chapter 34.05 RCW applicable to review of adjudicative proceedings.[Statutory Authority: RCW 42…

The purpose of this chapter is to promulgate executive ethics board rules concerning complaints, investigations, and hearings pursuant to RCW 42.52.410, 42.52.420, 42.52.430, 42.52.470 and 42.52.500.[Statutory Authority: RCW 42.52.360 (2)(b). WSR 99-06-073, § 292-100-005, filed 3…

The model rules of procedure, chapter 10-08 WAC, adopted by the chief administrative law judge pursuant to RCW 34.05.250, as now or hereafter amended, are hereby adopted for use by the board. In the case of a conflict between the model rules of procedure and procedural rules adop…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Board staff" shall include the executive director, investigators, administrative officer, and assistant attorneys general who bring cases before the board.(2) "Compla…

(1) When a complaint has been filed with the board, neither the complainant, if other than board, nor any other person will have special standing to participate or intervene in the investigation or consideration of the complaint by the board. The complainant is not a party to an …

(1) A complaint filed with the board shall be in writing on a form provided by the board or in an appropriate written form that includes the information in subsection (2) of this section, and signed by the complainant or by the complainant's counsel, unless anonymous.(2) A compla…

(1) During the course of an investigation, the board staff will give the respondent(s) a copy of the complaint or a summary of the complaint, and an opportunity to respond to the allegations. In accordance with RCW 42.52.410, the complainant's name and identifying information may…

(1) If the complaint is outside the jurisdiction of the board, the board or its staff may also refer such allegations to an appropriate agency with jurisdiction.(2) The board staff may refer a complaint to the employing agency for investigation and recommendation of resolution. I…

(1) The executive director may dismiss the complaint if the board or the board staff determines that:(a) Any alleged violation that may have occurred is not within the jurisdiction of the board;(b) The complaint is obviously unfounded or frivolous; or(c) The complaint presents a …

(1) A written request for review by a complainant must be received at the board's administrative office no later than twenty days after the date the order of dismissal is mailed to the complainant.(2) A request for review must state the grounds for the request for review.(3) When…

(1) A written request for review by a board member must be received by the executive director no later than twenty days after the date the order of dismissal is provided to the board.(2) When a request for review is received, the board staff will prepare a record for the board's …

(1) Following an investigation and preparation of the written investigative report, if the complaint is not dismissed by the executive director under WAC 292-100-045, the results of the investigation will be presented to the board. Board staff may recommend that the board find re…

(1) Following the board's determination on reasonable cause, the board will provide the complainant, the respondent and the employing agency with a copy of the written determination on reasonable cause and investigative report.(2) The respondent has 30 days from the time the dete…

(1) During the course of an investigation, the board, or the executive director may issue subpoenas to persons to appear and give testimony, and may require the production of any books, papers, correspondence, memoranda, or other records deemed relevant or material to the investi…

(1) Any respondent may request settlement by notifying board staff in writing.(2) Settlement may be accomplished by a stipulation of facts, conclusions and penalty by the parties or a stipulated order agreed to by the parties.(3) Any proposed stipulation must be in writing and si…

(1) In any proceeding, the presiding officer upon the presiding officer's own motion or upon request by board staff or the respondent or their counsel, may direct the board staff and respondent to appear at a specified time and place for a prehearing conference to consider:(a) Si…

After a finding of reasonable cause, no discovery is permitted by a party pursuant to WAC 292-100-110 through 292-100-150 unless authorized by the presiding officer. In deciding whether to authorize discovery and the extent of discovery to be allowed, the presiding officer will c…

(1) All subpoenas for hearings must be filed with the presiding officer, together with proof of proper service, at least five days prior to the date of the hearing for which they are issued. All subpoenas will be issued and may be enforced in the form and manner set forth in RCW …

The following discovery methods are authorized: Deposition upon oral examination, written interrogatories, requests for production, and requests for admission. Deposition upon oral examination, written interrogatories, and requests for admission may be used as evidence in the hea…

A party taking the deposition of any person upon oral examination must give reasonable notice of not less than five days in writing to the presiding officer and all parties. The notice shall state the time and place for taking the deposition and the name and address of each perso…

(1) After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the presiding officer may order that the deposition may:(a) Not be taken; or(b) That it ma…

(1) Any materials to be presented at the hearing must be provided to the executive director and to the opposing party no less than 10 days prior to the hearing.(2) Upon agreement by both parties, additional documentary evidence may be presented at the hearing. The parties must ar…

(1) A hearing must be conducted pursuant to the Administrative Procedure Act (chapter 34.05 RCW) and its supporting regulations (chapter 10-08 WAC) unless modified by chapter 292-100 WAC.(2) Hearings may be conducted in-person, by video conference, or other virtual means as deter…

(1) An initial order by an administrative law judge will become the final order of the board within 45 days of the initial order unless:(a) A board member determines that the initial order should be reviewed as provided in WAC 292-100-175;(b) A party files a petition for review o…

(1) Within five days after receiving an initial order by an administrative law judge the executive director must serve a copy of the initial order upon each board member.(2) A board member who is requesting review of an initial order must provide written notice to the executive d…

Pursuant to RCW 34.05.482 through 34.05.494, after a finding of reasonable cause, the board may provide a brief adjudicative proceeding as set forth in WAC 292-100-190 for alleged violations of provisions in chapter 42.52 RCW and corresponding rules in which the facts are undispu…