Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1992 NO. 4 > Mar 6 1992

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 1991 NO. 4 > Feb 5 1991

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 1961 NO. 6 > Jan 31 1961

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.

AGLO 1982 NO. 15 > Jun 17 1982

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 1977 NO. 19 > Apr 28 1977

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.

AGLO 1981 NO. 20 > Jul 24 1981

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 > Jul 24 1981

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.

AGO 1992 NO. 23 > Oct 13 1992

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.

AGLO 1981 NO. 26 > Sep 15 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.

AGO 1953 NO. 84 > Jul 10 1953

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.