Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 46 >

1. Chapter 75, Laws of 1965, authorizes the state of Washington to participate in the programs set forth in the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963." 2. The designation by the governor of the department of institutions "as the sole agency for administration of the state plan and as the mental health and mental retardation construction authority" is in conformity with chapter 75, Laws of 1965, and thereby vests the department of institutions with authority to conduct and perform on behalf of the state of Washington the programs set forth in the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963." 3. The governor has the authority under chapter 75, Laws of 1965, to direct the mental retardation and mental health advisory council to "advise the department of institutions directly on matters relating to mental health and mental retardation construction," in accordance with § 2684 (3), Title 42, U.S.C.A.

AGO 1963 NO. 47 >

A state patrol officer is not entitled to witness fees for appearing and testifying in a justice court on behalf of the state, county or municipality during off-duty hours unless he be subpoenaed and required to appear and testify in a county other than that in which he resides, or unless his appearance concerns matters not connected with his official duties.

AGLO 1977 NO. 48 >

Explanation of the legal relationship between the budget and rate‑making functions of the commissioners of a public hospital district and the statutory review functions of the state hospital commission under chapter 70.39 RCW; procedures to be followed by a public hospital district in establishing budgets and fixing rates, and in obtaining review and approval thereof from the state hospital commission; necessity for further action by a public hospital district commission following approval or disapproval of its proposed rates or budget by the hospital commission; effect of a rate increase made by a public hospital district which is later disapproved by the state hospital commission.

AGO 1963 NO. 50 >

Article II, § 13, of the state constitution does not bar a member of the 1963 legislature from being a candidate for election to a city office the term of which was extended by § 4, chapter 200, Laws of 1963, from three to four years.

AGLO 1973 NO. 50 >

An incumbent member of the house of representatives now serving a two-year term to which he was elected in November, 1972, may be a candidate for an unexpired term in the state senate to be filled at the November 6, 1973, general election ‑ as also, may be either a house member thus elected in November of 1972 who later resigned that position to accept appointment to the senate, or a senator or representative now serving as such by appointment under Article II, § 15 (Amendment 52), supra.

AGO 1961 NO. 51 >

The governor, acting through the state department of civil defense in cooperation with the federal office of civil defense and defense mobilization, is authorized to enforce pre‑positioned orders of the United States which would prohibit the sale of food, petroleum and other essential consumer items for five days in the event of an actual attack on this country by hostile forces.

AGLO 1977 NO. 52 >

While the Governor may, in view of the defeat of Referendum No. 40 at the November 8, 1977, general election, terminate the Washington State Women's Council (which was created by an earlier executive order), she is not legally required to do so; instead, she may alternatively elect to continue the Council in existence and permit it to be funded from the legislative appropriation made specifically for use by the Women's Council during the 1977-79 biennium.

AGO 1959 NO. 52 >

(1) Under RCW 51.36.020, and for injuries occurring before June 1951, the department may not repair or replace artificial substitutes or mechanical appliances where the replacement is required because of gain or loss of body weight or due to wear and tear, but either may be replaced where there has been aggravation of the injury requiring additional treatment and as a result thereof the old substitute or appliance is no longer adequate or serviceable.  (2) The term "artificial substitute" as used in RCW 51.36.020 includes artificial eyes, but does not include dentures.  (3) The term "mechanical appliance" as used in RCW 51.36.020 does not include artificial eyes or dentures.  (4) In cases of injuries prior to June 1951, artificial eyes may not be repaired or replaced when worn to the extent of being unserviceable; but may be repaired or replaced in case of injuries occurring subsequent to June 1951.

AGLO 1975 NO. 53 >

The Open Public Meetings Act (chapter 42.30 RCW) is applicable to the council on hearing aids which is provided for by RCW 18.35.150.

AGO 1961 NO. 53 >

(1) The board against discrimination has the exclusive authority to administer complaints alleging discrimination because of age. (2) Chapter 49.08 RCW does not authorize the department of labor and industries to adjust differences between employer and employee resulting from discrimination because of age. (3) The department of labor and industries has exclusive authority to approve age limits established by employers or licensing agencies pursuant to § 5, chapter 100, Laws of 1961. (4) Chapter 100, Laws of 1961, prohibits discrimination because of age only with respect to persons between the age of forty and sixty-five years. (5) Chapter 100, Laws of 1961, applies only to those employers who have eight or more employees and are not religious or sectarian organizations organized for private profit.