PERMANENT RULES
Date of Adoption: October 2 [29], 2002.
Purpose: To provide guidance to candidates and authorize committees as to under what circumstances surplus and nonsurplus funds may be transferred to other candidates or political committees, direct the major political party organizations to notify the Public Disclosure Commission, in writing, of the designated county central committees and legislative district committees that are to be considered bona fide political party committees and outline the role of complainants in compliance matters before the commission in accordance with the current Administrative Procedure Act.
Citation of Existing Rules Affected by this Order: Amending WAC 390-17-200, 390-37-030, and 390-16-234.
Statutory Authority for Adoption: RCW 42.17.370.
Adopted under notice filed as WSR 02-19-094 on September 17, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 3,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
November 5, 2002
Vicki Rippie
Executive Director
OTS-5933.2
AMENDATORY SECTION(Amending WSR 93-16-064, filed 7/30/93,
effective 8/30/93)
WAC 390-16-234
Transfers of surplus and nonsurplus
candidate funds.
(1) One candidate may reimburse another for
the former's proportionate share of ((a)) documented and
properly reported joint campaign expenses without the
transaction constituting a "transfer" within the meaning of
RCW 42.17.095.
(2) ((A candidate may transfer any amount of his or her
surplus funds to an exempt contributions account of a party or
caucus committee.)) Candidate surplus funds may be transferred
without limit to a bona fide political party or to a caucus
political committee.
(3) ((If a candidate transfers his or her surplus funds
to an account, other than an exempt account of a bona fide
political party or caucus, the candidate may only transfer up
to the $2,500 to the bona fide political party or $500 to the
caucus committee per year.
(4) Transfers to exempt accounts must be made by a separate written instrument.)) Except as provided in subsections (1) and (2) of this section, no candidate or candidate's authorized committee may transfer surplus or nonsurplus funds to any other candidate or political committee.
[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-16-234, filed 7/30/93, effective 8/30/93.]
OTS-5934.1
AMENDATORY SECTION(Amending WSR 93-16-064, filed 7/30/93,
effective 8/30/93)
WAC 390-17-200
Major political party organizations.
(1)
With respect to a major political party, each of the following
is considered a separate organization for purposes of making
and receiving contributions: governing body of the state
organization, county central committee and legislative
district committee.
(2) Each major political party is restricted to one state central committee, one county central committee per county and one legislative district committee per legislative district.
(3) Each major political party shall designate each
county central committee and each legislative district
committee and shall notify the commission in writing of the
names, addresses, telephone numbers, and e-mail addresses of
each committee officer within two weeks following the
designation ((by filing a PDC Form C-1pc)).
[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-200, filed 7/30/93, effective 8/30/93.]
OTS-5936.1
AMENDATORY SECTION(Amending Order 86-01, filed 2/5/86)
WAC 390-37-030
Enforcement procedures -- Status of citizen
complainant and others.
(1) When a citizen complaint has been
filed with the ((commission)) agency, neither the complainant
nor any other person shall have special standing to
participate or intervene in the investigation or consideration
of the complaint by the commission. However, the staff shall
give notice to the complainant of any open commission hearings
on the matter and the complainant may be called as a witness
in any enforcement hearing or investigative proceeding.
(2) The complainant or any other person may submit
documentary evidence and/or written factual or legal
statements to the ((commission)) staff at any time up to and
including the fifth calendar day before the date of any
enforcement hearing or proceeding. ((The complainant or any
other person wishing to be heard in a compliance matter may
request permission in advance of a public hearing on the
matter or at such hearing, and the commission may grant such
person a reasonable opportunity to be heard.))
(3) A person not satisfied with the dismissal of a complaint by the commission or its executive director when no violation is found, may pursue an appropriate remedy under RCW 42.17.400(4).
[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.]