Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1957 NO. 5 >

The state is liable under RCW 38.52.180 for the following: (1) Damages to private housing facilities or property, engaged by duly authorized representatives of the state civil defense agency resulting from the negligence or fault of refugees; (2) Injuries to persons or property caused by negligence of a civil defense worker engaged in civil defense activities; (3) Injuries to volunteers commandeered into service after proclamation by the governor of the existence of a disaster.

AGO 1963 NO. 5 >

The insurance commissioner has the authority to notify insurers that the term "physician" as used in a policy of disability insurance is ambiguous and must be considered to include chiropodists unless otherwise expressly excluded by definition.

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.

AGO 1973 NO. 6 >

(1) The members of the board of directors of an irrigation district are "elected officials" within the meaning of § 24 of Initiative No. 276, requiring annual reports of the financial interests of elected officials. (2) Section 24 (1) (b) of Initiative No. 276 which requires the reports of a candidate or elected official to disclose certain financial interests does not include financial interests in tangible personal property but it is, instead, limited to such interests in intangible personalty. (3) Section 24 (1) (b) of Initiative No. 276 only requires the reporting of financial interests in excess of $5,000 in a bank or savings account or cash surrender value of any insurance policy, or in excess of $500 in other items of intangible personal property; it does not require the lumping together of separate items in any given class which themselves have a lesser value so as to require reporting if the aggregate value of all items in the class exceeds the applicable minimum reportable amount.

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 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 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).