WSR 17-23-021

EXPEDITED RULES

PUBLIC DISCLOSURE COMMISSION

[Filed November 6, 2017, 1:39 p.m.]

Title of Rule and Other Identifying Information: This rule is being proposed under an expedited Rule-Making Process. If you object to the use of this expedited rule-making process your objections must be sent in writing to Barbara Sandahl, Public Disclosure Commission (PDC), P.O. Box 40908, Olympia, WA 98504 or email pdc@pda.wa.gov [pdc@pdc.wa.gov].

Technical amendments to WAC 390-32-030.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Two WAC are referenced in WAC 390-32-030 which have been decodified and reference should be made to the current citations. This change will have no material effect on the WAC and will reduce possible confusion by the public.

Reasons Supporting Proposal: WAC 390-32-030 references WAC 390-37-055, the correct reference is WAC 390-37-060, and WAC 390-37-056 should be referenced as WAC 390-37-061. The changes will reflect the correct WAC in both cases.

Statutory Authority for Adoption: RCW 42.17A-110(1) [42.17A.110(1)].

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: PDC, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Barbara Sandahl, Olympia, Washington 98501, 360-753-1111.

This notice meets the following criteria to use the expedited adoption process for these rules:

Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Explanation of the Reason the Agency Believes the Expedited Rule-making Process is Appropriate: Will remove decodified WAC reference and replace with current WAC reference. Technical in nature.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Barbara Sandahl, PDC, 711 Capitol Way, phone 360-753-1111, email pdc@pdc.w.gov [pdc@pdc.wa.gov], AND RECEIVED BY January 23, 2018.

November 3, 2017

B. G. Sandahl

Deputy Director

AMENDATORY SECTION (Amending WSR 17-03-028, filed 1/6/17, effective 2/6/17)

WAC 390-32-030 Complaint publication—Fair Campaign Practices Code—Alternative to investigation or adjudicative proceeding.

(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.

(2) As provided by WAC ((390-37-055)) 390-37-060, and considering the factors set forth in WAC ((390-37-056)) 390-37-061, the executive director may authorize the processing of a complaint alleging violations of chapter 42.17A RCW or Title 390 WAC according to the complaint publication process provided in this section.

(a) Subject to the limitations in subsection (4) of this section, upon receipt of a complaint authorized by the executive director for processing under this subsection, the executive director shall forward a copy of the complaint to the respondent, accompanied by a request for a response to the complaint to be returned within five business days from the date of mailing.

(b) Complaints authorized by the executive director for processing under this subsection shall be forwarded to the respondent within eight days prior to the date that ballots must be available under RCW 29A.40.070(1).

(c) 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 days, the complaint shall be made public without a response.

(d) Except as provided under (a) or (b) of this subsection, the publication of complaints or responses under this subsection shall constitute the final disposition of complaints authorized by the executive director for processing under this section.

(3) Following the processing of a complaint under subsection (2) of this section, the executive director shall review the complaint and any response received. Whenever a complaint and response indicate that a material violation of chapter 42.17A RCW may have occurred and/or the respondent may not be in substantial compliance with the relevant statutes and rules, considering the factors set forth in WAC ((390-37-056)) 390-37-061, the executive director may:

(a) Dispose of the complaint through an additional alternative response as provided in WAC ((390-37-055)) 390-37-060; or

(b) Direct a formal investigation be conducted.

(4) The commission will make no attempt to secure a reply to and will make no public release of complaints received within eight days of the date that ballots must be mailed to voters under RCW 29A.40.070(1).

(5) The filing of a complaint with the commission under this section or any provision of chapter 390-37 WAC constitutes implied consent to have the complainant's identity disclosed.