Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1980 NO. 5 >

Neither RCW 80.50.120 nor any other section of chapter 80.50 RCW precludes the State Department of Labor and Industries from conducting inspections, pursuant to chapters 19.28, 70.79 and 70.87 RCW, of an energy facility covered by a certification agreement duly executed in accordance with that chapter.

AGLO 1973 NO. 5 >

Discussion of the legality of a proposed grant of state funds to the Kalispel Indian Tribe under the provisions of the economic assistance authority act of 1972, constitutionality of using state funds for industrial development project by Indian tribe.

AGO 1976 NO. 6 >

(1) Circumstances under which a state legislator will be guilty of receiving unlawful compensation under RCW 9A.68.030(1)(a) if, in his official capacity as an employee of either a private or other public agency (i.e., outside of his legislative employment), he gives advice or other assistance on legislation upon which he may later be required to testify or vote in the legislature.  (2) Circumstances under which the private or other public employer of such a legislator will be guilty of granting unlawful compensation under RCW 9A.68.030(1)(b) for paying the legislator for advice or other assistance in preparing or promoting a bill upon which the legislator may later be required to testify or vote in the legislature.

AGLO 1978 NO. 6 >

The Washington State Criminal Justice Training Commission does not presently possess the legal authority to administer qualifying examinations to all persons seeking appointment or employment to positions in law enforcement within the various local communities of the state.

AGO 1985 NO. 6 >

Under the provisions of RCW 49.60.050 the Governor may designate as chairperson of the Washington State Human Rights Commission any member thereof, notwithstanding a previous Governor's designation of a different sitting commissioner as chairperson.

AGLO 1982 NO. 6 >

(1) The requirement of WAC 251-12-285 that employers pay the initial costs of transcribing the record for appeal under RCW 28B.16.130 is not enforceable in personnel actions arising under RCW 28B.16.120 in view of the Washington Supreme Court's decision in the analogous case of Zoutendyk v. Washington State Patrol, 95 Wn.2d 693, 628 P.2d 1308 (1981).

AGLO 1979 NO. 6 >

There is no constitutional impediment which would bar the state legislature from deregulating the commercial trucking industry without providing for the payment of compensation to existing permit holders; accordingly, such legislative action would be constitutionally permissible.

AGO 1959 NO. 6 >

(1)  Prosecuting attorney is not legally authorized to appoint a special deputy who is a nonresident of the county to assist him either before a grand jury or in trying a criminal case. (2)  The attorney general is not legally authorized to appoint a special assistant attorney general to assist a prosecuting attorney in proceedings before a grand jury.

AGLO 1980 NO. 6 >

The Council for Postsecondary Education, in the exercise of its authority to suspend or modify the requirements of the Educational Services Registration Act of 1979 on the basis of hardship pursuant to RCW 28B.05.130, may not exempt an "educational institution" from otherwise required registration solely because of its sectarian religious ownership, management or curricula.

AGO 1970 NO. 6 >

(1) When a state employee transfers from a classified civil service position which is subject to chapter 41.06 RCW to either a classified or an exempt position which is covered by chapter 28B.16 RCW, he is not entitled to receive payment for his accumulated annual leave under RCW 43.01.041; instead, his accumulated annual leave is to be transferred from his old employing agency to his new one as provided for in RCW 43.01.040.(2) A permanent status employee transferring from a position under chapter 41.06 RCW, to a classified position in an institution of higher learning under chapter 28B.16 RCW, is subject to such "probationary period" regulations as are promulgated by the higher education personnel board under RCW 28B.16.100.