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AGO Opinions with Topic: ADMINISTRATIVE LAW
AGO 1961 No. 6 >  January 31, 1961
ADMINISTRATIVE LAW
APPEARANCE BY NON-ATTORNEY [[NONATTORNEY]]IN ADMINISTRATIVE PROCEEDINGS AS CONSTITUTING UNAUTHORIZED PRACTICE OF LAW Appearance by non-attorney [[nonattorney]] in a representative capacity before a state administrative agency in a "contested case" constitutes the unauthorized practice of law.  Whether an appearance in other administrative proceedings constitutes the unauthorized practice of law depends upon facts of each case and requirements of protection of the public interest.
AGO 1991 No. 4 >  February 5, 1991
DEPARTMENT OF ECOLOGY - ECOLOGICAL COMMISSION - ADMINISTRATIVE LAW - RULES AND REGULATIONS - SHORELINE MANAGEMENT ACT
DEPARTMENT OF ECOLOGY ‑- ECOLOGICAL COMMISSION ‑- ADMINISTRATIVE LAW ‑- RULES AND REGULATIONS ‑- SHORELINE MANAGEMENT ACT 1.  RCW 43.21A.190 provides that the Ecological Commission shall provide advice and guidance to the Director of the Department of Ecology with regard to the adoption of rules and regulations.  The Commission's role is limited to providing advice and guidance.  The Commission does not have the authority to prevent the Director from adopting regulations, that members of the Commission disapprove.  This applies to regulations that the Director adopts in connection with the Shoreline Management Act.  2.  RCW 43.21A.190, by its terms, does not apply to the Department of Ecology's responsibilities in the area of water resources.  Thus, the Director need not seek the advice and guidance of the Ecological Commission on water resource regulations.  The Commission does not have the authority to prevent the Director from adopting regulations relating to water resources.
AGO 1992 No. 4 >  March 6, 1992
DEPARTMENT OF WILDLIFE - ANIMALS - GAME - ADMINISTRATIVE LAW
Authority of the Department of Wildlife to regulate wildlife and deleterious exotic wildlife brought into Washington 1.   If an individual lawfully acquires wildlife in another state and lawfully brings it into Washington, the wildlife is the property of the individual, not the State.  However, to lawfully bring wildlife into Washington an individual must comply with regulations of the Department of Wildlife and the individual's ownership is subject to the overarching regulatory authority of the State. 2.   The Department of Wildlife has the authority to regulate deleterious exotic wildlife. Regulations adopted by the Department to regulate deleterious exotic wildlife do not conflict with RCW 77.12.010, which provides that nothing contained herein shall be construed to infringe on a private property owner's control over his or her private property.
AGO 1992 No. 23 >  October 13, 1992
GROWTH MANAGEMENT ACT - GROWTH PLANNING HEARINGS BOARDS - PROPERTY - ADMINISTRATIVE LAW
Appeal to Growth Planning Hearings Boards Based on Claim That Regulation has Negative Impact on Property 1.  RCW 36.70A.280 authorizes the Growth Planning Hearings Boards to hear petitions which allege that governments planning under the Growth Management Act are not in compliance with the requirements of the Act as it relates to plans and regulations adopted pursuant to RCW 36.70A.040.  One requirement of the Act is that governments adopting plans and regulations consider the goal of protecting private property rights.  The Boards have jurisdiction over petitions that allege that private property rights have not been considered or have been considered in an arbitrary or discriminatory manner.
AGO 1953 No. 84 >  July 10, 1953
DEPARTMENT OF FORESTRY - ADMINISTRATIVE LAW - AUTHORITY OF SUPERVISOR OF FORESTRY UNDER RCW 76.08.040
DEPARTMENT OF FORESTRY ‑- ADMINISTRATIVE LAW -- AUTHORITY OF SUPERVISOR OF FORESTRY UNDER RCW 76.08.040 The Supervisor of Forestry may under the provisions of RCW 76.08.040 require the permittee or operator to build fire trails and fall timber in such a manner that trees reserved for seed purposes will not be injured or subject to destruction by fire.  The Supervisor may order the permittee or operator who fails to comply with these requirements to discontinue operations until satisfactory assurance is given the supervisor that future operations will be conducted in compliance with Forest Practice laws and adequate security is posted.
AGLO 1982 No. 15 >  June 17, 1982
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - ADMINISTRATIVE LAW - SCHOOLS
INTER-DISTRICT STUDENT TRANSFERS After July 1, 1982, the hearing contemplated by WAC 392-137-060, relating to the approval of inter-district student transfers by the State Superintendent of Public Instruction, will have to be conducted by an administrative law judge in accordance with the provisions of chapter 34.12 RCW unless the hearing is conducted, instead, by the Superintendent of Public Instruction himself.
AGLO 1981 No. 20 >  July 24, 1981
OFFICES AND OFFICERS - STATE - DEPARTMENT OF EMPLOYMENT SECURITY - ADMINISTRATIVE LAW - HEARINGS EXAMINERS
TRANSFER OF EMPLOYMENT SECURITY HEARINGS EXAMINERS TO OFFICE OF ADMINISTRATIVE HEARINGS The provisions of chapter 67, Laws of 1981 (Substitute House Bill 101) require that such hearings examiners as are employed by the Employment Security Department's Appeal Tribunal be transferred to the Office of Administrative Hearings on July 1, 1982.
AGLO 1981 No. 20 >  July 24, 1981
OFFICES AND OFFICERS - STATE - DEPARTMENT OF EMPLOYMENT SECURITY - ADMINISTRATIVE LAW - HEARINGS EXAMINERS
TRANSFER OF EMPLOYMENT SECURITY HEARINGS EXAMINERS TO OFFICE OF ADMINISTRATIVE HEARINGS(1) The provisions of chapter 67, Laws of 1981 (Substitute House Bill 101) require that such hearings examiners as are employed by the Employment Security Department's Appeal Tribunal be transferred to the Office of Administrative Hearings on July 1, 1982.
AGLO 1981 No. 26 >  September 15, 1981
LEGISLATURE - ADMINISTRATIVE LAW - LAW AGAINST DISCRIMINATION
EFFECTIVE DATE OF CHAPTER 259, LAWS OF 1981 (1)  The effective date of §§ 2, 3 and 4 of chapter 259, Laws of 1981, relating to the appointment of administrative law judges to hear complaints filed pursuant to the state law against discrimination (chapter 49.60 RCW) is July 1, 1982. (2)  The legal authority to appoint such administrative law judges for the Washington State Human Rights Commission is vested in the chief administrative law judge who is appointed by the Governor in accordance with § 12(1), chapter 67, Laws of 1981.
AGLO 1977 No. 19 >  April 28, 1977
ADMINISTRATIVE LAW - RULES AND REGULATIONS - ADMINISTRATIVE PROCEDURES ACT - STANDING OF GOVERNMENTAL AGENCY TO PETITION ANOTHER AGENCY FOR RULE‑MAKING PROCEEDINGS
ADMINISTRATIVE LAW ‑- RULES AND REGULATIONS ‑- ADMINISTRATIVE PROCEDURES ACT ‑- STANDING OF GOVERNMENTAL AGENCY TO PETITION ANOTHER AGENCY FOR RULE‑MAKING PROCEEDINGS In view of a recent decision by the Washington supreme court holding that a governmental agency is not a "person" within the meaning of the state administrative procedures act, a federal agency such as the Federal Trade Commission is not legally entitled, under RCW 34.04.060, to submit a petition to the Washington state liquor control board to amend or repeal regulations previously adopted by that state agency.
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