Navigation Top
AGO Logo Graphic
AGO Header Image
File a Complaint
Contact the AGO
AGO Opinions with Topic: REGULATIONS
AGO 1990 No. 12 >  October 20, 1990
DISTRICTS - SCHOOLS - ATHLETIC PROGRAMS - EQUAL RIGHTS AMENDMENT - SUPERINTENDENT OF PUBLIC INSTRUCTION - REGULATIONS
DISTRICTS--SCHOOLS--ATHLETIC PROGRAMS--EQUAL RIGHTS AMENDMENT--SUPERINTENDENT OF PUBLIC INSTRUCTION--REGULATIONS 1.  RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(3) provides that school districts may offer separate but equal athletic teams for each sex.  The Superintendent thus is not authorized to adopt the portions of WAC 392-190-025 and -035 that limit school districts' ability to provide or sponsor separate but equal athletic teams for males and females.  To have separate but equal athletic teams, however, school districts must comply also with constitutional restrictions.   2.  RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(4) provides that separation is permitted within physical education classes.  The Superintendent thus is not authorized to adopt the portions of WAC 392-190-050 that limit school districts' ability to provide separate but equal physical education classes for males and females.  To have separate but equal physical education classes, however, school districts must comply also with constitutional restrictions.    3.  RCW 28A.85.020 and .030 and WAC 392-190 may apply to the use of school district playing fields by private sports leagues.  The application of these statutes and administrative rules depends on the nature of the relationship between the school district and the private sports league.
AGO 1991 No. 33 >  November 27, 1991
BOARD OF OPTOMETRY - OPTOMETRISTS - OPTICIANS - REGULATIONS - PREEMPTION - ANTITRUST
Authority of Optometry Board to adopt rules defining a contact lens prescription 1.  RCW 18.54.070(2) authorizes the Optometry Board to adopt rules to promote safety, protection and the welfare of the public.  This authority empowers the Board to adopt rules setting standards for prescribing practices and defining a contact lens prescription. 2.  Rules adopted by the Optometry Board to set standards for prescribing practices and defining a contact lens prescription will not improperly regulate dispensing opticians, for RCW 18.43.060 provides that dispensing opticians may fit contact lenses only upon written prescription of a physician or optometrist.   3.  Rules adopted by the Optometry Board to set standards for prescribing practices and defining a contact lens prescription will probably not co conflict with applicable Federal Trade Commission Rules.  4.   Rules adopted by the Optometry Board to set standards for prescribing practices and defining a contact lens prescription will probably not violate federal antitrust laws because such laws do not apply to anticompetitive restraints imposed by the state as an act of government.
AGO 1989 No. 2 >  February 3, 1989
LAW ENFORCEMENT OFFICERS - CRIMINAL JUSTICE TRAINING COMMISSION - REGULATIONS - CIVIL SERVICE
LAW ENFORCEMENT OFFICERS ‑- CIVIL SERVICE ‑- REGULATIONS ‑- CRIMINAL JUSTICE TRAINING COMMISSION WAC 139-05-200 is unenforceable insofar as it purports to require commissioned law enforcement personnel employed before January 1, 1978, to complete a 440-hour basic law enforcement academy if they experience an interruption of employment in excess of 90 days.
Content Bottom Graphic
AGO Logo