Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1982 NO. 11 >

The Washington State Liquor Board may sell, through state liquor stores and agencies, unopened liquor which has been lawfully confiscated by the Board or by other governmental agencies.

AGLO 1979 NO. 11 >

(1) The Board of Prison Terms and Paroles is both authorized and required by RCW 9.95.040 to fix a minimum duration of confinement in the case of a person admitted to a state correctional facility under RCW 36.63.255 while on appeal from a felony conviction. (2) In such a case the Parole Board is further authorized by RCW 9.95.110 to release on parole, without the concurrence of the courts, a person admitted to a state correctional facility under RCW 36.63.255 even though that person's appeal is still pending.

AGO 1986 NO. 11 >

It is not a violation of RCW 41.05.025(2) for the State Employees' Insurance Board (SEIB) to provide employees covered by SEIB plans the option of coverage by a health maintenance organization (HMO) which restricts the availability of the services of licensed podiatrists, dentists, chiropractors, optometrists, osteopaths, physical therapists, psychologists, or registered nurses to those provided either directly through the HMO or upon referral by a primary care physician employed by the HMO.

AGO 1971 NO. 12 >

The provisions of RCW 36.63.130 do authorize (but do not require) the department of social and health services, acting through the superintendents of the various penal institutions under its jurisdiction, to regulate the length of hair and beards worn by convicted felons imprisoned therein, at least where such considerations as those of identification or of personal cleanliness and health are deemed by the department in the exercise of its sound administrative discretion to justify such regulation.

AGO 1976 NO. 12 >

If, in order to attain "maximum net benefits" and protect the public welfare and interest against the long range detrimental effects of a perpetual water use not so restricted, the state department of ecology, in issuing a surface water right permit pursuant to RCW 90.03.290, determines to include a provision authorizing use of such waters unconditionally for specified initial period of time (e.g., fifty years), with any authorization to withdraw for further periods of time made dependent upon subsequent determinations by the department involving public needs for the waters involved, that action is likely to be upheld by the courts.

AGO 1979 NO. 12 >

(1) RCW 43.01.040, et seq., relating to annual leave for state officers and employees, applies to the legislative and judicial branches of government as well as to the executive branch. (2) RCW 43.01.040, et seq., applies, equally, to state employees in the classified service and to those occupying exempt positions; accordingly, with a single possible exception relating to employees of a state institution of higher education, no such employees are entitled to have vacation leave accumulated in excess of 30 working days without having a statement of necessity for deferral of leave on file with their particular employing agency. (3) RCW 43.01.040, et seq., relating to annual leave, applies to individuals appointed by the governor to an agency directorship or as a member of a state board or commission subject to gubernatorial appointment. (4) While it is the Governor's Office which is the "employing office" with which an application for extension of annual leave must be filed by an agency director or board or commission member referred to in (3), supra, it is the convenience of the agency, office, department or institution to which such individual is assigned which is determinative of the propriety of the extension.

AGO 1983 NO. 12 >

(1) Although RCW 18.64.020 prohibits the practice of pharmacy by persons other than licensed pharmacists, it is nevertheless lawful for certain practitioners other than licensed pharmacists (generally those who are authorized to prescribe such drugs) also to dispense both legend drugs and controlled substances. (2) The State Board of Pharmacy is authorized by statute to promulgate rules governing the dispensing of drugs by those other persons, as well as by licensed pharmacists.

AGO 1974 NO. 12 >

(1) In view of a recent ruling by the United States Supreme Court with respect to the constitutionality of filing fees in the case of indigent persons seeking to become candidates for public office, the requirements of RCW 29.18.050 are no longer constitutionally enforceable with respect to candidates for office in the state of Washington who wish to file for public office but who are unable to pay the filing fees prescribed by that statute. (2) The secretary of state has the authority under RCW 29.24.080 to adopt a rule or regulation requiring any candidate claiming to be unable to pay the fee required by RCW 29.18.050 for the particular office he is seeking to execute and file with his declaration of candidacy a supplemental affidavit attesting to that fact.

AGLO 1981 NO. 13 >

(1) RCW 19.28.330 does not authorize the director of Labor and Industries to make expenditures from the Electrical License Fund without a legislative appropriation. (2) Exercising its authority under RCW 19.28.330, the Board of Electrical Examiners may, in effect, require the Department of Labor and Industries to reduce expenditures from the Electrical License Fund below the levels contained in the budget developed under the provisions of the Budget and Accounting Act, chapter 43.88 RCW, by disapproving, in advance, particular expenditures or kinds of expenditures.

AGLO 1976 NO. 13 >

Constitutional ability of the legislature to repeal the state cigarette excise tax once the payments of veterans' bonuses under chapter 73.34 RCW have been completed.