Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.20B.635 Overpayments of assistance—Orders to withhold property of debtor—Procedures.
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(1) After service of a notice of debt for an overpayment as provided for in RCW 43.20B.630, stating the debt accrued, the secretary may issue to any person, firm, corporation, association, political subdivision, or department of the state, an order to withhold and deliver propert…
RCW 43.20B.640 Overpayments of assistance—Failure to withhold property of debtor.
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If any person, firm, corporation, association, political subdivision, or department of the state fails to answer an order to withhold and deliver within the time prescribed in RCW 43.20B.635, or fails or refuses to deliver property pursuant to the order, or after actual notice of…
RCW 43.20B.645 Overpayments of assistance—Assignment of earnings.
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Any person, firm, corporation, association, political subdivision, or department employing a person owing a debt for overpayment of public assistance received as defined in RCW 74.04.300, shall honor, according to its terms, a duly executed assignment of earnings presented to the…
RCW 43.20B.660 Improper realty transfer—Suit to rescind—Recovery from recipient's estate.
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If an improper real property transfer is made as defined in RCW 74.08.331 through 74.08.338, the department may request the attorney general to file suit to rescind the transaction except as to subsequent bona fide purchasers for value. If it is established by judicial proceeding…
RCW 43.20B.670 Excess property assistance program—Lien—Department as creditor.
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When the department provides grant assistance to persons who possess excess real property under RCW 74.04.005(13)(h), the department may file a lien against, or otherwise perfect its interest in such real property as a condition of granting such assistance, and the department sha…
RCW 43.20B.675 Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding—Enforcement—Collection—Rules.
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(1) When the department determines that a vendor was overpaid by the department for either goods or services, or both, provided to department clients, except nursing homes under chapter 74.46 RCW, the department will give written notice to the vendor. The notice will include the …
RCW 43.20B.680 Vendor overpayments—Lien or other security—Setoff or recoupment—Exception.
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(1) The department may, at the secretary's discretion, secure the repayment of any outstanding overpayment, plus interest, if any, through the filing of a lien against the vendor's real property, or by requiring the posting of a bond, assignment of deposit, or some other form of …
RCW 43.20B.685 Vendor overpayments—Liens—Duration—Enforcement.
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Liens created under RCW 43.20B.680 shall bind the affected property for a period of ten years after the lien has been recorded or ten years after the resolution of all good faith disputes as to the overpayment, whichever is later. Any civil action by the department to enforce suc…
RCW 43.20B.688 Limitation on actions to enforce vendor overpayment debts.
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Any action to enforce a vendor overpayment debt shall be commenced within six years from the date of the department's notice to the vendor.[ 1987 c 283 s 15. Formerly RCW 43.20A.440.]Notes:Severability—Savings—1987 c 283: See notes following RCW 43.20A.020.Vendor overpayments: RC…
RCW 43.20B.690 Vendor overpayments—Remedies nonexclusive.
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The remedies under RCW 43.20B.680 and 43.20B.685 are nonexclusive and nothing contained in this chapter may be construed to impair or affect the right of the department to maintain a civil action or to pursue any other remedies available to it under the laws of this state to reco…
RCW 43.20B.695 Vendor overpayments—Interest—Exceptions.
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(1) Except as provided in subsection (4) of this section, vendors shall pay interest on overpayments at the rate of one percent per month or portion thereof. Where partial repayment of an overpayment is made, interest accrues on the remaining balance. Interest will not accrue whe…
RCW 43.20B.710 Medical assistance—Improper transfer or assignment of resources—Penalty—Presumption, rebuttal—Attorney's fees.
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If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person who knowingly or willingly receives the assets for less than fair market value is liable for a civil penalty equal to the uncompensated value of the cash or resources transferred or assigne…
RCW 43.20B.720 Recipient receiving industrial insurance compensation—Subrogation rights of department—Lien—Withhold and deliver notice.
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(1) To avoid a duplicate payment of benefits, a recipient of public assistance from the department of social and health services is deemed to have subrogated the department to the recipient's right to recover temporary total disability compensation due to the recipient and the re…
RCW 43.20B.730 Recipient receiving industrial insurance compensation—Effective date of lien and notice—Service.
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The effective date of the lien and notice to withhold and deliver provided in RCW 43.20B.720 is the day that it is received by the department of labor and industries or a self-insurer as defined in chapter 51.08 RCW. Service of the lien and notice to withhold and deliver may be m…
RCW 43.20B.735 Recipient receiving industrial insurance compensation—Duty to withhold and deliver—Amount.
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The director of labor and industries or the director's designee, or a self-insurer as defined in chapter 51.08 RCW, following receipt of the lien and notice to withhold and deliver, shall deliver to the secretary of social and health services or the secretary's designee any tempo…
RCW 43.20B.740 Recipient receiving industrial insurance compensation—Adjudicative proceeding—Collection pending final order.
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A recipient feeling aggrieved by the action of the department of social and health services in recovering his or her temporary total disability compensation as provided in RCW 43.20B.720 through 43.20B.745 shall have the right to an adjudicative proceeding.A recipient seeking an …
RCW 43.20B.745 Recipient receiving industrial insurance compensation—Application.
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RCW 43.20B.720 through 43.20B.745 shall not apply to persons whose eligibility for benefits under Title 51 RCW, is based upon an injury or illness occurring prior to July 1, 1972.[ 1987 c 75 s 36; 1973 1st ex.s. c 102 s 6. Formerly RCW 74.04.580.]
RCW 43.20B.750 Recipients holding title to real property or purchasing under land sales contracts—Recording request for notice or termination or request for notice of transfer or encumbrance of property—Notice and hearing—Rules.
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(1) When an individual receives medical assistance subject to recovery under this chapter and the individual is the holder of record title to real property or the purchaser under a land sale contract, the department of social and health services may present to the county auditor …
RCW 43.20B.900 Savings—1987 c 75.
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The enactment of this act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on July 26, 1987.[ 1987 c 75 s 48.]
RCW 43.20B.902 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …
RCW 43.20C.005 Intent.
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(1) The legislature intends that prevention and intervention services delivered to children and juveniles in the areas of mental health, child welfare, and juvenile justice be primarily evidence-based and research-based, and it is anticipated that such services will be provided i…
RCW 43.20C.010 Definitions.
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For the purposes of this chapter:(1) "Contractors" does not include county probation staff that provide evidence-based or research-based programs.(2) "Prevention and intervention services" means services and programs for children and youth and their families that are specifically…
RCW 43.20C.020 Evidence-based, research-based, and promising practices—Descriptive definitions—Inventory—Baseline assessment—Reports.
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The department of social and health services shall accomplish the following in consultation and collaboration with the Washington state institute for public policy, the evidence-based practice institute at the University of Washington, a university-based child welfare partnership…
RCW 43.20C.030 Unified and coordinated case plans—Monitoring and quality control procedures—Quality control and fidelity of implementation.
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The department of social and health services, in consultation with a university-based evidence-based practice institute entity in Washington, the Washington partnership council on juvenile justice, the child mental health systems of care planning committee, the children, youth, a…
RCW 43.20C.040 Federal matching funds—Training funds—Training provider.
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(1) The department of social and health services and the health care authority shall identify components of evidence-based practices for which federal matching funds might be claimed and seek such matching funds to support implementation of evidence-based practices.(2) The depart…
RCW 43.21A.005 Intent—Public involvement and outreach.
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See RCW 43.20A.005.
RCW 43.21A.010 Legislative declaration of state policy on environment and utilization of natural resources.
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The legislature recognizes and declares it to be the policy of this state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleasant environment and to benefit from the proper development and use of its natural res…
RCW 43.21A.020 Purpose.
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In recognition of the responsibility of state government to carry out the policies set forth in RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water resources in an orderly, efficient, and …
RCW 43.21A.030 Definitions.
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As used in this chapter, unless the context indicates otherwise:(1) "Department" means the department of ecology.(2) "Director" means the director of the department of ecology.(3) "Commission" means the ecological commission.[ 1970 ex.s. c 62 s 3.]
RCW 43.21A.040 Department of ecology—Created.
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There is created a department of state government to be known as the department of ecology.[ 1970 ex.s. c 62 s 4.]
RCW 43.21A.050 Department of ecology—Director—Appointment—Powers and duties—Salary—Temporary appointment when vacancy.
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The executive and administrative head of the department shall be the director. The director shall be appointed by the governor with the consent of the senate. He or she shall have complete charge of and supervisory powers over the department. He or she shall be paid a salary fixe…
RCW 43.21A.061 Powers and duties—Reclamation.
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The department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to the reclamation and development of arid, swamp, overflow, and logged-off lands in the state and such other duties as may be prescribed by law.[ 1987 c 109 s 26; 19…
RCW 43.21A.064 Powers and duties—Water resources.
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Subject to RCW 43.21A.068, the director of the department of ecology shall have the following powers and duties:(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;(2) Insofar as may be…
RCW 43.21A.067 Water resources—"Basic data fund" created.
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The director of ecology may create within his or her department a fund to be known as the "basic data fund."Into such fund shall be deposited all moneys contributed by persons for streamflow, groundwater and water quality data or other hydrographic information furnished by the de…
RCW 43.21A.068 Federal power act licensees—Exemption from state requirements.
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(1) With respect to the safety of any dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act, no licensee shall be required to:(a) Submit proposals, plans, specifications, or other document…
RCW 43.21A.069 Powers and duties—Flood control.
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The department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to flood control.[ 1987 c 109 s 28; 1965 c 8 s 43.21.160. Prior: 1941 c 204 s 2, part; Rem. Supp. 1941 s 9663F-2, part. Formerly RCW 43.21.160.]Notes:Purpose—Short ti…
RCW 43.21A.070 Application of administrative procedure act to the review of decisions by director.
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The administrative procedure act, chapter 34.05 RCW, shall apply to the review of decisions by the director to the same extent as it applied to decisions issued by the directors of the various departments whose powers, duties and functions are transferred by chapter 62, Laws of 1…
RCW 43.21A.080 Rule-making authority.
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The director of the department of ecology is authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter: PROVIDED, That the director may not adopt rules after July 23, 1995, that are based solely on a section of law…
RCW 43.21A.081 Five-year formal review process of existing rules.
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The department of ecology must establish and perform, within existing funds, a formal review process of its existing rules every five years. The goal of the review is to decrease the numbers of, simplify the process, and decrease the time required for obtaining licenses, permits,…
RCW 43.21A.085 Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws.
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The department, to the greatest extent possible, within available resources and without jeopardizing the department's ability to carry out its legal responsibilities, may designate one or more of its employees as a technical assistance officer, and may organize the officers into …
RCW 43.21A.087 Technical assistance officer and units—Authority to issue orders or assess penalties.
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(1) An employee designated by the department as a technical assistance officer or as a member of a technical assistance unit may not, during the period of the designation, have authority to issue orders or assess penalties on behalf of the department. Such an employee who provide…
RCW 43.21A.090 Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations.
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All powers, duties and functions transferred to the department by the terms of chapter 62, Laws of 1970 ex. sess. shall be performed by the director: PROVIDED, That the director may delegate, by appropriate rule or regulation, the performance of such of his or her powers, duties,…
RCW 43.21A.100 Departmental administrative divisions—Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries.
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In order to obtain maximum efficiency and effectiveness within the department, the director may create such administrative divisions within the department as he or she deems necessary. The director shall appoint a deputy director as well as such assistant directors as shall be ne…
RCW 43.21A.120 Director to employ personnel—Application of state civil service law.
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The director shall have the power to employ such personnel as may be necessary for the general administration of this chapter: PROVIDED, That except as specified in RCW 41.06.073, such employment shall be in accordance with the rules of the state civil service law, chapter 41.06 …
RCW 43.21A.130 Studies—Limitations.
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(1) In addition to any other powers granted the director, the director may undertake studies dealing with all aspects of environmental problems involving land, water, or air; however, in the absence of specific legislative authority, such studies shall be limited to investigation…
RCW 43.21A.140 Director to consult with department, state board of health.
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The director in carrying out his or her powers and duties under this chapter shall consult with the department of social and health services and the state board of health, or their successors, insofar as necessary to assure that those agencies concerned with the preservation of l…
RCW 43.21A.150 Director to consult with other states, federal government, and Canadian provinces—Authority to receive and disburse grants, funds, and gifts—Department's website list of interagency agreements.
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(1) The director, whenever it is lawful and feasible to do so, shall consult and cooperate with the federal government, as well as with other states and Canadian provinces, in the study and control of environmental problems. On behalf of the department, the director is authorized…
RCW 43.21A.155 Environmental excellence program agreements—Effect on chapter.
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Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under cha…
RCW 43.21A.160 Request for certification of records as confidential—Procedure.
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Whenever any records or other information furnished under the authority of this chapter to the director, the department, or any division of the department, relate to the processes of production unique to the owner or operator thereof, or may affect adversely the competitive posit…
RCW 43.21A.165 Environmental technology—Review of certification programs—Demonstration activities.
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(1) The legislature finds that:(a) New and innovative environmental technologies can help improve environmental quality at lower costs;(b) Current regulatory processes often include permits or approvals that require applicants to duplicate costly technical analysis;(c) The commer…