WSR 17-22-008 PROPOSED RULES SPOKANE REGIONAL CLEAN AIR AGENCY [Filed October 19, 2017, 9:04 a.m.] Original Notice. Proposal is exempt under RCW 70.94.141(1). Title of Rule and Other Identifying Information: Amend Spokane Regional Clean Air Agency (SRCAA) Regulation I, Article II: General Provisions, adding new Section 2.15 Intimidation. Hearing Location(s): On December 7, 2017, at 9:30 a.m., at SRCAA, 3104 East Augusta Avenue, Spokane, WA 99207. Date of Intended Adoption: December 7, 2017. Submit Written Comments to: Margee Chambers, 3104 East Augusta Avenue, Spokane, WA 99207, email publiccomment@spokanecleanair.org, fax 509-477-6828, by December 7, 2017, close of hearing. Assistance for Persons with Disabilities: Contact Mary Kataoka, phone 509-477-4727 ext. #100, fax 509-477-6828, email mkataoka@spokanecleanair.org, by December 5, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments to Article II include the addition of a new section, Section 2.15 Intimidation. The amendments are to better protect the safety of SRCAA staff by developing a local regulation that allows SRCAA to issue a notice of violation if SRCAA staff are directly or indirectly, assaulted, intimidated, threatened, coerced, harassed, or unlawfully imprisoned. The notice of violation may be issued regardless of a criminal charge or conviction related to the same conduct. The notice of violation may be followed with a civil penalty. Reasons Supporting Proposal: The intent of the regulation is to allow SRCAA to cite a local regulation in the case of assault, intimidation, threats, coercion, harassment, or unlawful imprisonment of SRCAA staff. Statutory Authority for Adoption: RCW 70.94.141. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: SRCAA, governmental. Name of Agency Personnel Responsible for Drafting: Margee Chambers, SRCAA, 509-477-4727; Implementation: Executive Director, SRCAA, 509-477-4727; and Enforcement: Compliance Section Manager, Supervisory Engineer, and Executive Director, SRCAA, 509-477-4727. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. SRCAA is a local air pollution control agency. Per RCW 90.74.141, a cost-benefit analysis under RCW 34.05.328 does not apply to local air pollution control agencies. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 70.94.141. Explanation of exemptions: SRCAA is a local air pollution control agency. Per RCW 70.94.141, a small business economic impact statement does not apply to local air pollution control agencies. October 19, 2017 Margee Chambers Rule Writer/SIP Planner
NEW SECTION
SRCAA Regulation I, Article II
SECTION 2.15 INTIMIDATION
A. No person shall, directly or indirectly, assault, intimidate, threaten, harass, coerce or unlawfully imprison the Control Officer or the Control Officer's authorized representative. The following definitions apply to this Section:
1. "Assault" includes, but is not limited to, actions constituting assault under RCW 9A.36 et seq.
2. "Intimidate" includes, but is not limited to, actions that discourage, restrain or deter action by inducing fear.
3. "Threaten" includes, but is not limited to, actions constituting threats under RCW 9A.76.180(3) and 9A.04.110(28).
4. "Harassment" includes, but is not limited to, actions constituting harassment under RCW 9A.46.020(1).
5. "Coercion" includes, but is not limited to, actions constituting coercion under RCW 9A.36.070(1).
6. "Unlawful imprisonment" includes, but is not limited to, restricting a person's movements without consent and without legal authority in manner which interferes substantially with his or her liberty as described in RCW 9A.40.010(6).
B. For any person found to have violated Section 2.15.A., the Agency may issue a separate Notice of Violation to the full extent authorized by Section 2.02.G and Section 2.11 of this Regulation.
C. A Notice of Violation under this Section may be issued regardless of a criminal charge or conviction related to the same conduct.
D. The civil penalty for a violation of this Section shall be $5,000.00. Requests for mitigation of a Notice of Violation issued under this Section shall be referred to and decided by the Board of Directors.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040. Reviser's note: The unnecessary underscoring 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. |