Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2005 NO. 11 > Sep 7 2005
GROWTH MANAGEMENT ACT – COUNTIES – CITIES AND TOWNS – Authority of growth management boards to remand cases. 1.  The Growth Management Hearings Boards have no authority to remand a case back to a county or city for the purpose of amending their comprehensive plans or development regulations, except
AGO 2005 NO. 12 > Sep 7 2005
PUBLIC FACILITIES DISTRICTS – CITIES AND TOWNS – COUNTIES – SALES AND USE TAX – Extent of authority of cities which have individually formed public facilities districts to also form a joint public facilities district with additional taxing authority. A group of cities which have formed individual
AGO 2005 NO. 13 > Sep 8 2005
PHYSICIANS – Extent of authority of physician to charge patient for diagnostic or screening services performed by a pathologist and charged back to the referring physician.  RCW 19.68 permits a referring physician to charge patients for actual services performed by the physician for the patient,
AGO 2005 NO. 14 > Sep 26 2005
PUBLIC FACILITIES DISTRICTS – CITIES AND TOWNS – COUNTIES – TAXATION – Authority of public facilities district to begin one project and later switch funding to other projects. A public facilities district created under RCW 35.57 may allocate properly collected sales and use tax revenues to one or
AGO 2005 NO. 15 > Oct 4 2005
PESTICIDE – AGRICULTURE – DEPARTMENT OF AGRICULTURE – Extent to which lumber may be defined as “land” for purposes of RCW 17.21. A commercial pesticide applicator license is required for any person in the business of applying pesticides to lumber located on the land of another; however, a private-
AGO 2005 NO. 16 > Nov 2 2005
PENSIONS – PUBLIC EMPLOYEES’ RETIREMENT SYSTEMS – RETIREMENT – Effect of “non-contractual rights clause” on Legislature’s future obligation to provide “gain-sharing benefits”. Where the Legislature has enacted statutes providing “gain-sharing” benefits to retirement system members if certain
AGO 2005 NO. 17 > Nov 18 2005
WATER – WATER RIGHTS – DEPARTMENT OF ECOLOGY – RULES AND REGULATIONS – Interpretation of statutory language exempting withdrawals of groundwater for stock-watering from permitting requirements. 1.         RCW 90.44.050 exempts withdrawals of groundwater for stock-watering purposes from the
AGO 2005 NO. 18 > Nov 22 2005
COUNTIES – HIGHWAYS AND ROADS – MOTOR VEHICLES – LICENSING – Authority to operate off-road vehicles on public highways and roads. 1.         A properly tagged off-road vehicle (ORV) is not permitted to be operated along a public highway. 2.         A county, city, or public subdivision of the state
AGO 2005 NO. 19 > Dec 21 2005
LEGISLATURE – STATE BUDGET – PUGET SOUND ACTION TEAM – Status of certain funds appropriated by the 2005 Legislature for clean up of Hood Canal. Section 116(2) of the 2005-07 biennial operating budget sets certain amounts aside for corrective actions to clean up Hood Canal as described in a