Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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 1989 NO. 7 > Mar 31 1989

WAC 392-121-260(3)(c) as adopted by the Superintendent of Public Instruction is invalid as inconsistent with state statute to the extent that it purports to allow permanent credit for in-service training in a manner inconsistent with the state‑wide salary allocation schedule adopted by the Legislature for common-school certificated employees.

AGO 2005 NO. 17 > Nov 18 2005

RCW 90.44.050 exempts withdrawals of groundwater for stock-watering purposes from the permitting requirement, without setting a numeric limit on the quantity of water withdrawn.  2. The Department of Ecology does not have authority to impose a categorical limit on the quantity of groundwater that may be withdrawn for stock-watering without a permit. In certain circumstances, the Department of Ecology’s statutory authority to regulate the use of water may affect or limit such withdrawals, just as it may affect or limit withdrawals for other purposes.3. An agency may not alter its interpretation of a statute in a manner that is inconsistent with statutory language and legislative intent to address changed societal conditions.

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.

AGO 1963 NO. 32 > Jun 18 1963

Under a treaty entered into in 1855 by the United States government and the Yakima Indians, the Indians were given exclusive fishing right on rivers "running through or bordering said reservation."  A rule or regulation of the department of fisheries purporting to authorize fishing at such places, by nonmembers of the tribe, is invalid and must fall as being in conflict with the supremacy clause of the United States Constitution.

AGO 1964 NO. 112 > Jul 1 1964

The state personnel board has the authority under existing state law to adopt or promulgate a rule or regulation providing that each full-time employee shall be given for each legal holiday other than Sunday which falls on an employee's day off, a compensatory day off to be taken at the convenience of the employing agency.