title: RCW 33.40.070

text:
The liquidator, upon the approval of the court, may sell, discount, or compromise debts of the association and claims against its debtors. The liquidator, with the approval of the court, may lease, operate, repair, exchange, or sell, either for cash or upon terms, the real and personal property of the association.
The liquidator, with the approval of the court, when funds are available, may pay savings members whose balances amount to not more than five dollars, the full amount of the balances.
Checks issued or payments held by the liquidator which remain undelivered for six months following the final liquidation dividend shall be deposited with the director, after which the liquidator shall be discharged by the court. During ten years thereafter, the director shall deliver the checks or payments, or the director's own checks in lieu thereof, to the payee, or his or her legal representative, upon receipt of satisfactory evidence of the payee's right thereto. After the ten years, the director shall cancel all such checks or payments remaining in the director's possession and issue a check against the account for the amount thereof, payable to the state treasurer, and deliver it to the state treasurer. Such payment shall escheat to the state, without further legal proceedings.
[ 1994 c 92 s 459; 1982 c 3 s 69; 1953 c 71 s 10; 1945 c 235 s 108; Rem. Supp. 1945 s 3717-227. Prior: 1935 c 171 s 4; 1933 c 183 ss 70, 73, 74, 78.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Liquidator's powers.


doc_type: statute

jurisdiction: wa

title: RCW 33.40.075

text:
All funds received by the director from liquidations may be invested by the director. The earnings from the moneys so held may be applied toward defraying the expenses incurred in the liquidations.
[ 1994 c 92 s 460; 1982 c 3 s 70; 1951 c 105 s 1.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Investment of liquidation funds—Use of income.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 33.40.080

text:
Upon the termination of any liquidation proceeding, any files, records, documents, books of account, or other papers in the possession of the liquidator shall be surrendered into the possession of the director, who, in his or her discretion at any time after the expiration of one year, may destroy any of such files, records, documents, books of account or other papers which appear to him or her to be obsolete or unnecessary for future reference.
[ 1994 c 92 s 461; 1945 c 235 s 109; Rem. Supp. 1945 s 3717-228.]

catchline: Disposition of records.


title: RCW 33.40.110

text:
In a voluntary liquidation of a domestic association, checks issued in the liquidation or funds representing liquidating dividends or otherwise which remain undelivered for six months following the final liquidating dividend, shall be deposited with the director, together with any files, records, documents, books of account, or other papers of the association. The director, at any time after one year from delivery, may destroy any of such files, records, documents, books of account, or other papers which appear to the director to be obsolete or unnecessary for future reference. During ten years thereafter, the director shall deliver such checks, or the director's own checks in lieu thereof, or portions of such funds to the payee, or the payee's legal representative, upon receipt of satisfactory evidence of the payee's right thereto. After the ten years, the director shall cancel all such checks remaining in the director's possession and issue a check payable to the state treasurer for the amount thereof together with any other liquidating funds, and deliver them to the state treasurer. Such payment shall escheat to the state without further legal proceedings.
[ 1994 c 92 s 462; 1982 c 3 s 71; 1953 c 71 s 11; 1945 c 235 s 112; Rem. Supp. 1945 s 3717-231.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Revised uniform unclaimed property act: Chapter 63.30 RCW.

catchline: Voluntary liquidation—Disposition of unclaimed dividends and records.


title: RCW 33.40.120

text:
The court, upon notice and hearing, may remove the liquidator for cause. Appellate review of the order of removal may be sought as in other civil cases.
During the pendency of any appeal, the director of financial institutions shall act as liquidator of the association, without giving any additional bond for the performance of the duties as such liquidator.
If such order of removal shall be affirmed, the director of financial institutions shall name another liquidator for the association, which nominee, upon qualifying as required for receivers generally, shall succeed to the position of liquidator of the association.
[ 1994 c 92 s 463; 1988 c 202 s 34; 1982 c 3 s 72; 1971 c 81 s 86; 1945 c 235 s 113; Rem. Supp. 1945 s 3717-232.]
Notes:
Rules of court: Appeal procedures superseded by RAP 2.1, 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Removal of liquidator—Appellate review.


title: RCW 33.40.130

text:
Savings deposits received by an association, during a period or periods of postponement of payment of withdrawals or of acute business depression, panic or economic emergency under authorization or declaration of the director as hereinbefore provided, shall be repaid to the depositors paying in such savings before any liquidation dividends shall be declared or paid if, during such period or periods or at the expiration thereof, the director takes charge of the association for liquidation, as provided in this title.
[ 1994 c 92 s 464; 1982 c 3 s 73; 1945 c 235 s 100; Rem. Supp. 1945 s 3717-219.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Payment of deposits accepted during economic emergency, preference.


title: RCW 33.40.150

text:
(1) The director of financial institutions, after exercising the authority granted in RCW 33.16.040, may appoint provisional officers and directors, in whole or in part, of an association.
(2) Notice of the appointment shall be served upon the association, and the appointment shall take effect immediately and shall remain in effect until a successor is chosen in accordance with the association's bylaws.
[ 1994 c 92 s 465; 1985 c 239 s 2.]

catchline: Appointment of provisional officers and directors.


title: RCW 33.43.010

text:
Any domestic association may convert itself into a federal mutual or stock savings and loan association. Any such conversion shall be effected by the vote of a majority in amount of the members present, in person or by proxy, at any regular or special meeting of the members called for such purpose. Notice of such meeting, stating the purpose thereof, shall be given the director at least thirty days prior to the meeting and to the members pursuant to the provisions contained in RCW 33.20.010.
If such conversion be authorized by the members at the meeting, the directors of the association are authorized and shall effect such action, and the officers of the association shall execute all proper conveyances, documents, and other papers necessary or proper thereunto.
If conversion be authorized, a copy of the minutes of the meeting shall be filed forthwith with the director.
Upon consummation of such conversion, the successor federal savings and loan association shall succeed to all right, title, and interest of the domestic association in and to its assets, and to its liabilities to the creditors and members of the association. Upon such conversion, after the execution and delivery of all instruments of transfer, conveyance and assignment, the domestic association shall be deemed dissolved.
[ 1994 c 92 s 466; 1982 c 3 s 74; 1949 c 20 s 10; 1945 c 235 s 116; Rem. Supp. 1949 s 3717-235. Prior: 1933 ex.s. c 15 ss 1 through 6. Formerly RCW 33.44.100.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Conversion of domestic association to federal association.


title: RCW 33.43.020

text:
Every federal savings and loan association, the home office of which is located in this state, and the savings accounts therein shall have all the rights, powers and privileges and be entitled to the same immunities and exemptions as pertain to savings and loan associations organized under the laws of this state.
[ 1945 c 235 s 117; Rem. Supp. 1945 s 3717-236. Prior: 1939 c 98 s 9; 1933 c 183 s 50. Formerly RCW 33.44.110.]

catchline: Federal association—Powers.


title: RCW 33.43.030

text:
Any federal savings and loan association the home office of which is located in this state may convert itself into a domestic savings and loan association of this state. For any such conversion, such federal association shall proceed as provided in this title for the conversion of a domestic association into a federal association.
Upon consummation of such conversion, the successor domestic association shall succeed to all right, title, and interest of the federal association in and to its assets, and to its liabilities to the creditors and members of such federal association.
[ 1945 c 235 s 118; Rem. Supp. 1945 s 3717-237. Prior: 1939 c 98 s 1. Formerly RCW 33.44.120.]

catchline: Conversion of federal association to domestic association.


title: RCW 33.44.020

text:
Any association organized under the laws of this state, or under the laws of the United States, may, if it has obtained the approval, required by law or regulation, of any federal agencies, including the federal home loan bank board and the federal savings and loan insurance corporation, be converted into a savings bank or commercial bank in the following manner:
(1) The board of directors of such association shall pass a resolution declaring its intention to convert the association into a savings bank or commercial bank and shall apply to the director of financial institutions for leave to submit to the members of the association the question whether the association shall be converted into a savings bank or a commercial bank. A duplicate of the application to the director of financial institutions shall be filed with the director of financial institutions, except that no such filing shall be required in the case of an association organized under the laws of the United States. The application shall include a proposal which sets forth the method by and extent to which membership or stockholder interests, as the case may be, in the association are to be converted into membership or stockholder interests, as the case may be, in the savings bank or commercial bank, and the proposal shall allow for any member or stockholder to withdraw the value of his or her interest at any time within sixty days of the completion of the conversion. The proposal shall be subject to the approval of the director of financial institutions and shall conform to all applicable regulations of the federal home loan bank board, the federal savings and loan insurance corporation, the federal deposit insurance corporation, or other federal regulatory agency.
(2) Thereupon the director of financial institutions shall make the same investigation and determine the same questions as would be required by law to make and determine in case of the submission to the director of financial institutions of a certificate of incorporation of a proposed new savings bank or commercial bank, and the director of financial institutions shall also determine whether by the proposed conversion the business needs and conveniences of the members of the association would be served with facility and safety, except that no such conference shall be pertinent to such investigation or determination in the case of an association organized under the laws of the United States. After the director of financial institutions determines whether it is expedient and desirable to permit the proposed conversion, the director of financial institutions shall, within sixty days after the filing of the application, endorse thereon over the official signature of the director of financial institutions the word "granted" or the word "refused", with the date of such endorsement and shall immediately notify the secretary of such association of his or her decision. If an application to convert to a mutual savings bank is granted, the director of financial institutions shall require the applicants to enter into such an agreement or undertaking with the director of financial institutions as trustee for the depositors with the mutual savings bank to make such contributions in cash to the expense fund of the mutual savings bank as in the director of financial institutions judgment will be necessary then and from time to time thereafter to pay the operating expenses of the mutual savings bank if its earnings should not be sufficient to pay the same in addition to the payment of such dividends as may be declared and credited to depositors from its earnings.
If the application is denied by the director of financial institutions, the association, acting by a two-thirds majority of its board of directors, may, within thirty days after receiving the notice of the denial, appeal to the superior court in the manner prescribed in chapter 34.05 RCW.
(3) If the application is granted by the director of financial institutions or by the court, as the case may be, the board of directors of the association shall, within sixty days thereafter, submit the question of the proposed conversion to the members of the association at a special meeting called for that purpose. Notice of the meeting shall state the time, place and purpose of the meeting, and that the only question to be voted upon will be, "shall the (naming the association) be converted into a savings bank or commercial bank under the laws of the state of Washington?" The vote on the question shall be by ballot. Any member may vote by proxy or may transmit the member's ballot by mail if the bylaws provide a method for so doing. If two-thirds or more in number of the members voting on the question vote affirmatively, then the board of directors shall have power, and it shall be its duty, to proceed to convert such association into a savings bank or commercial bank; otherwise, the proposed conversion shall be abandoned and shall not be again submitted to the members within three years from the date of the meeting.
(4) If authority for the proposed conversion has been approved by the members as required by this section, the directors shall, within thirty days thereafter, subscribe and acknowledge and file with the director of financial institutions in triplicate a certificate of reincorporation, stating:
(a) The name by which the converted corporation is to be known.
(b) The place where the bank is to be located and its business transacted, naming the city or town and county, which city or town shall be the same as that where the principal place of business of the corporation has theretofore been located.
(c) The name, occupation, residence and post office address of each signer of the certificate.
(d) The amount of the assets of the corporation, the amount of its liabilities and the amount of its contingent, reserve, expense, and guaranty fund, as applicable, as of the first day of the then calendar month.
(e) A declaration that each signer will accept the responsibilities and faithfully discharge the duties of a trustee or director of the bank, and is free from all the disqualifications specified in the laws applicable to savings banks or commercial banks.
(f) Such other items as the director of financial institutions may require.
(5) Upon the filing of the certificate in triplicate, the director of financial institutions shall, within thirty days thereafter, if satisfied that all the provisions of this chapter have been complied with, issue in triplicate an authorization certificate stating that the corporation has complied with all the requirements of law, and that it has authority to transact at the place designated in its certificate of incorporation the business of a savings bank or commercial bank. One of the director of financial institutions certificates of authorization shall be attached to each of the certificates of reincorporation, and one set of these shall be filed and retained by the director of financial institutions, one set shall be filed in the office of the secretary of state, and one set shall be transmitted to the bank for its files. Upon the receipt from the corporation of the same fees as are required for filing and recording other incorporation certificates or articles, the secretary of state shall file the certificates and record the same; whereupon the conversion of the association shall be deemed complete, and the signers of said reincorporation certificate and their successors shall thereupon become and be a corporation having the powers and being subject to the duties and obligations prescribed by the laws of this state applicable to savings banks or commercial banks, as the case may be. The time of existence of the corporation shall be perpetual unless provided otherwise in the articles of incorporation of the association or unless sooner terminated pursuant to law.
[ 1997 c 101 s 6; 1994 c 92 s 467; 1982 c 3 s 75; 1981 c 302 s 34; 1979 ex.s. c 57 s 7; 1975 1st ex.s. c 111 s 1; 1927 c 177 s 1; 1917 c 154 s 1; RRS ss 3749 through 3754. Formerly RCW 33.44.020 through 33.44.070.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.

catchline: Conversion to a savings bank or commercial bank—Procedure.


title: RCW 33.44.080

text:
Upon the conversion of any association into a savings bank or commercial bank, every person who was a depositor of the association at the time of the conversion shall become and be deemed to be a depositor of the bank in a sum equal to the value of the deposit of the depositor as of the day on which the conversion was consummated.
[ 1982 c 3 s 76; 1927 c 177 s 2; 1917 c 154 s 2; RRS s 3755.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Depositor's interest upon conversion.


title: RCW 33.44.090

text:
All mortgages, notes and other securities of any association that has been converted into a savings bank or commercial bank, shall on request of the bank, be delivered to it by the director of financial institutions or under the director's direction by any depositary having possession thereof. Every such bank shall, as soon as practicable and within such time and by such methods as the director may direct, cause its organization, its securities and investments, the character of its business and its methods of transacting the same to conform to the laws applicable to savings banks or commercial banks, as applicable.
[ 1994 c 92 s 468; 1982 c 3 s 77; 1927 c 177 s 3; 1917 c 154 s 3; RRS s 3756.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Transfer of securities upon conversion.


title: RCW 33.44.125

text:
If, in the opinion of the director of financial institutions, it is necessary for any of the requirements of this chapter to be waived in order to permit an association which is in danger of failing to convert its charter to that of a commercial bank or a savings bank so that the association may be acquired by a commercial bank or a savings bank or a bank holding company, then the director may waive any such requirement.
[ 1994 c 92 s 469; 1982 c 3 s 78.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Waiver of chapter requirements.


title: RCW 33.44.130

text:
The director of financial institutions shall adopt such rules under the administrative procedure act, chapter 34.05 RCW, as are necessary to implement this chapter in a manner which protects the relative interests of members, depositors, borrowers, stockholders, and creditors.
[ 1994 c 92 s 470; 1982 c 3 s 79.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Rules implementing chapter—Standard.


title: RCW 33.46.010

text:
As used in this chapter, unless the context indicates otherwise:
(1) "Association" means any association organized under the laws of this state or the laws of the United States of America;
(2) "Director" means a member of the board of directors of an association, savings bank, or commercial bank, as applicable;
(3) "Bank" means a savings bank or commercial bank organized under the laws of this state; and
(4) "Trustee" means a member of the managing board of a mutual savings bank.
[ 1982 c 3 s 80; 1975 1st ex.s. c 83 s 1.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Definitions.


title: RCW 33.46.020

text:
Any bank may be converted into an association in the following manner:
(1) The trustees or directors of the bank shall pass, by at least a two-thirds favorable vote of all trustees or directors, a resolution declaring its intention to convert the bank into an association, specifying in such resolution the type of association and whether the association is to be organized under the laws of this state, or is to be organized under the laws of the United States of America. If the association is to be a state association the bank shall apply to the director of financial institutions for authority to convert into an association. The application shall include a proposal which sets forth the method by and extent to which membership or stockholder interests, as the case may be, in the bank are to be converted into membership or shareholder interest, as the case may be, in the association, and the proposal shall allow for any member or stockholder to withdraw the value of his or her interest at any time within sixty days of the completion of the conversion. The proposal is subject to the approval of the director of financial institutions and shall conform to all applicable regulations of the federal deposit insurance corporation, the federal home loan bank board, the federal savings and loan insurance corporation, or other federal regulatory agency.
(2) The director of financial institutions shall, in the case of an application to convert into a state association, make the same investigation and determine the same questions as he or she would be required by law to make in determining the case of submission to him or her of articles of incorporation of a proposed new state association, and shall also determine whether the proposed conversion would serve the needs and conveniences of the depositors of the bank.
(3) The director of financial institutions shall grant or deny the application within sixty days of its date of filing and shall immediately notify the secretary of the bank of the decision.
[ 1994 c 92 s 471; 1982 c 3 s 81; 1975 1st ex.s. c 83 s 2.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Conversion of bank to association—Procedure.


title: RCW 33.46.030

text:
If the application to become a domestic mutual association is granted, the director of financial institutions shall require the applicant to enter into an agreement or undertaking with the director, as trustee for the members of the association, to make such cash contributions to an expense fund of the mutual association as in the director's judgment will be necessary then and from time to time thereafter to pay the operating expenses of the association if its earnings should not be sufficient to pay the same in addition to the payment of such dividends as may be declared and credited to members from its earnings.
[ 1994 c 92 s 472; 1982 c 3 s 82; 1975 1st ex.s. c 83 s 3.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Cash contributions to expense fund if becoming domestic mutual association.


title: RCW 33.46.040

text:
If the application is denied by the director of financial institutions, the bank, acting by a two-thirds majority of its trustees or directors, may, within thirty days after receiving notice of such denial, appeal to the superior court of Thurston county pursuant to the provisions of the administrative procedure act, chapter 34.05 RCW.
[ 1994 c 92 s 473; 1982 c 3 s 83; 1975 1st ex.s. c 83 s 4.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Appeal from denial of application.


title: RCW 33.46.050

text:
If the application is granted by the director of financial institutions, or by the court, the trustees or directors of the bank shall, within thirty days thereafter, subscribe, acknowledge, and file with the director of financial institutions, in triplicate, a certificate of reincorporation stating:
(1) The name by which the association is to be known;
(2) The place where the association is to be located and its business transacted, naming the city or town and the county, which city or town shall be the same as that where the principal place of business of the bank has theretofore been located;
(3) The name, occupation, residence, and post office address of each signer of the certificate;
(4) The amount of the assets of the association, the amount of its liabilities, and the amount of its contingent, expense, or guaranty fund, as applicable, as of the first day of the calendar month during which the certificate is filed; and
(5) A declaration that each signer will accept the responsibilities and faithfully discharge the duties of a director of the association, and is free from all the disqualifications specified in the laws applicable to savings and loan associations.
[ 1994 c 92 s 474; 1982 c 3 s 84; 1981 c 302 s 35; 1975 1st ex.s. c 83 s 5.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.


title: RCW 33.46.060

text:
Upon filing the certificate in triplicate as provided in RCW 33.46.050, the director of financial institutions shall, within thirty days thereafter, if satisfied that all the provisions of this chapter have been complied with, issue in triplicate an authorization certificate stating that the association has complied with all of the requirements of law, and that it has authority to transact, at the place or places designated in its certificate, the business of an association. The director of financial institutions shall retain one set of the triplicate originals of the certificate of reincorporation and of the certificate of authorization and shall transmit the other two sets to the association, which shall retain one set, and file one set with the secretary of state, paying the required fees. Upon such filings being made, the conversion of the bank to the association shall be deemed complete and consummated, and the association shall thereupon be a corporation having the powers and being subject to the duties and obligations prescribed by the laws of this state applicable to state associations, and the time of existence of such association shall be perpetual, unless sooner terminated.
[ 1994 c 92 s 475; 1982 c 3 s 85; 1981 c 302 s 36; 1975 1st ex.s. c 83 s 6.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1981 c 302: See note following RCW 19.76.100.

catchline: Issuance of authorization certificate—Filing—Completion of conversion—Effect.


title: RCW 33.46.070

text:
Upon the conversion of a bank into an association, every person who was a depositor of the bank at the time of the conversion shall become and be deemed to be a depositor of the association in a sum equal to the value of the deposits of the depositor in the bank as of the day on which the conversion was consummated.
[ 1982 c 3 s 86; 1975 1st ex.s. c 83 s 7.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.


title: RCW 33.46.080

text:
All mortgages, notes, and other securities of any bank that has been converted into an association shall, on request of the association, be delivered to it by the director of financial institutions or, under the direction of the director, by any depository having possession thereof. If the association is a state association it shall, as soon as practicable and within such time and by such methods as the director may direct, cause its organization, its securities and investments, the character of its business, and its methods of transacting the same to conform to the laws applicable to state associations.
[ 1994 c 92 s 476; 1982 c 3 s 87; 1975 1st ex.s. c 83 s 8.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Transfer of securities—Conformance to state association laws, when.


title: RCW 33.46.090

text:
Upon a conversion being consummated all assets, rights and properties of the bank shall vest in and be the property of the association and all liabilities, debts, and obligations of the bank shall be the liabilities, debts, and obligations of the association and any right can be enforced by or against the association the same as it could have been enforced by or against the bank if the conversion had not occurred.
[ 1975 1st ex.s. c 83 s 9.]

catchline: Assets, liabilities, etc., vested in association upon conversion.


title: RCW 33.46.100

text:
Within twelve months following consummation of the conversion, the directors of a domestic association shall call a meeting of the members for the purpose of electing directors and conducting such other business of the association as is appropriate. Notice of such meeting shall be mailed not less than ten nor more than thirty days in advance of the meeting to the last known address of each member. The notice may also include a proxy form authorizing any one or more persons, who may be directors or officers of the association, selected by the directors, to vote on behalf of any member executing such proxy.
[ 1982 c 3 s 88; 1975 1st ex.s. c 83 s 10.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Initial meeting of shareholders of domestic association—Notice—Proxy voting.


title: RCW 33.46.110

text:
If the bank specifies in the resolution that it intends to become a federal association, it shall proceed to make all filings and do all things which are required by federal laws and regulations to qualify as and become a federal association, and when all such things have been accomplished and a charter has been issued by the appropriate federal agency, the bank shall thereupon cease to be a bank organized under the laws of this state.
[ 1982 c 3 s 89; 1975 1st ex.s. c 83 s 11.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Conversion to federal association—Procedure.


title: RCW 33.46.130

text:
The director of financial institutions shall adopt such rules under the administrative procedure act, chapter 34.05 RCW, as are necessary to implement this chapter in a manner which protects the relative interests of members, depositors, borrowers, stockholders, and creditors.
[ 1994 c 92 s 477; 1982 c 3 s 90.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.


title: RCW 33.48.025

text:
Except to the extent provided otherwise in this title, stock associations are subject to the provisions of chapter 23B.06 RCW.
[ 1991 c 72 s 51; 1982 c 3 s 91; 1981 c 84 s 4.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Applicability of chapter 23B.06 RCW.


title: RCW 33.48.030

text:
Stock associations shall have permanent stock which may be issued with or without par value but with a statement of value of nonpar stock in accordance with Title 23B RCW. The minimum amount of such stock shall be twenty-five thousand dollars in the case of associations outside of incorporated cities, or in cities of less than twenty-five thousand population. Associations located in cities of greater population shall have as a minimum, fifty thousand dollars of such stock. The board of such association is authorized and directed to issue and maintain the stock in the following percentages: Three percent upon the first five million dollars; two percent upon the next three million dollars, and one percent upon all additional withdrawable savings: PROVIDED, That associations whose savings are insured by the Federal Savings and Loan Insurance Corporation shall not be required to maintain stock in excess of three hundred thousand dollars. A stock association may issue preferred or special classes of shares as provided in chapter 23B.06 RCW.
[ 1991 c 72 s 52; 1982 c 3 s 92; 1981 c 84 s 1; 1969 c 107 s 7; 1963 c 246 s 9; 1955 c 122 s 4.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Minimum amount of permanent stock required—Preferred or special classes of shares authorized.


title: RCW 33.48.040

text:
No dividends shall be declared on stock until the association has met the net worth and federal insurance requirements of the federal savings and loan insurance corporation. Subject to the provisions of this chapter, stock shall be entitled to such rate of dividend, if earned, as fixed by the board. Stock dividends may be declared and issued by the board at any time, payable from otherwise unallocated surplus and undivided profits.
[ 1982 c 3 s 93; 1981 c 84 s 2; 1979 c 113 s 14; 1955 c 122 s 5.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1979 c 113: See note following RCW 33.04.020.

catchline: Stock dividends, when.


title: RCW 33.48.080

text:
Each member in a stock association shall have a proportionate proprietary interest in its assets and net earnings subordinate to the claims of its creditors with priorities as established by this chapter.
[ 1982 c 3 s 94; 1969 c 107 s 8; 1967 c 49 s 6; 1955 c 122 s 9.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Member's proprietary interest—Subordinate to claims of creditors.


title: RCW 33.48.090

text:
No dividend shall be paid or credited upon shares of stock for any period in which the association has not declared and paid interest on deposits eligible to receive interest.
[ 1982 c 3 s 95; 1955 c 122 s 10.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Dividends only if interest paid on deposits.


title: RCW 33.48.100

text:
A domestic stock association may convert to a domestic mutual association under the provisions of applicable statutes and regulations of proper federal and state supervisory authorities. In the event of compliance with such statutes and regulations an appraisal of the stock shall be made by the director, upon written request of the directors of the association, and the appropriate value of the stock may be given consideration in the proceedings to convert by giving credit to such stock from surplus and other reserves.
[ 1994 c 92 s 478; 1982 c 3 s 96; 1955 c 122 s 11.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Conversion procedure—Domestic stock to domestic mutual association.


title: RCW 33.48.110

text:
Any mutual association, either domestic or federal, operating in the state of Washington may convert itself into a domestic stock association. The conversion shall be effected by the vote of two-thirds of the members present and voting in person or by proxy at any regular or special meeting of the members called for such purpose. Notice of such meeting, stating the purpose thereof, shall be given to the director and to each member by mailing notice to the member's last known address at least thirty days prior to the meeting.
At the meeting, the members may adopt a resolution amending its articles of incorporation and bylaws to provide for operation under this chapter as a stock association.
Upon adoption of the resolution, members shall be given notice of the proposed change and shall be offered, for a period of sixty days following the date of the meeting, the right to subscribe for the proposed stock, pro rata to their deposits in such mutual association, and such right shall be transferable. In the event that the total stock required has not, at the end of the sixty day period, been fully subscribed, the unsubscribed portion shall be offered to any former subscribers for such stock.
When the stock has been fully subscribed and paid for, certified copies of the documents relating to the conversion shall be submitted to the director for his or her approval of the conversion proceedings. Upon notification by the director that the director approves the conversion, the directors shall adopt a resolution declaring the association to be a stock association and thereafter it shall be such.
The director shall adopt such rules under chapter 34.05 RCW, the administrative procedure act, as are necessary to implement this section in a manner which protects the relative interests of members, depositors, borrowers, stockholders, and creditors.
[ 1994 c 92 s 479; 1982 c 3 s 97; 1955 c 122 s 12.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Conversion procedure—Mutual association to domestic stock association—Rules implementing section—Standard.


title: RCW 33.48.120

text:
The accumulated surplus and unallocated reserves of an association at the time of conversion to a stock association shall be designated as a permanent loss reserve against which any losses incurred on assets may be charged. In case of liquidation the remaining sum in said permanent loss reserve shall be distributed to the depositors in proportion to the withdrawable value of their deposit accounts at the time of liquidation. In liquidation, after payment of all liabilities and the withdrawable value of all types and classes of deposit accounts together with the remainder in the permanent loss reserve heretofore mentioned, any excess shall be paid pro rata to the stockholders.
[ 1982 c 3 s 98; 1955 c 122 s 13.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Conversion procedure—Creation of permanent loss reserve—Disposition of reserve upon liquidation.


title: RCW 33.48.130

text:
The directors of an association which has voted to amend its charter or convert to another type of institution, may withdraw the application at any time prior to the issuance of the amended charter, by adopting a proper resolution and forwarding a copy to the director.
[ 1994 c 92 s 480; 1955 c 122 s 14.]

catchline: Withdrawal of charter amendment or conversion application.


title: RCW 33.48.140

text:
It is the intention of the legislature to grant, by this chapter, authority to create stock associations in this state, by either organization or conversion under its provisions, and in the event of conflict between the provisions of this chapter and other provisions of Title 33 RCW, such other provisions shall be construed in favor of the accomplishment of the purposes of this chapter.
[ 1982 c 3 s 99; 1955 c 122 s 15.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Legislative intent—Chapter to control over conflicting provisions.


title: RCW 33.48.150

text:
No subscriptions or funds from proposed stockholders of any proposed association, prior to its incorporation and prior to a decision by the director on its application for approval of its articles of incorporation, may be solicited or taken until a verified application for an organizing permit has been filed and a permit has been issued by the director authorizing such subscription or collection of funds and then, only in accordance with the terms of such permit.
[ 1994 c 92 s 481; 1973 c 130 s 6.]
Notes:
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.

catchline: Organizing permit—Required.


title: RCW 33.48.160

text:
The application for an organizing permit under RCW 33.48.150 shall be in writing, verified as provided by law for the verification of pleadings and shall be filed in the office of the director. Such application shall be signed by the proposed incorporators and shall include the following:
(1) The names and addresses of its proposed directors, officers and incorporators, to the extent known;
(2) The proposed location of its office;
(3) A copy of any contract proposed to be used for the solicitation of stock subscriptions and funds for its preincorporation expenses;
(4) A copy of any advertisement, circular, or other written matter proposed to be used for soliciting stock subscriptions and funds for its preincorporation expenses;
(5) A statement of the total funds proposed to be solicited and collected prior to incorporation and an itemized estimate of the preincorporation expenses proposed to be paid;
(6) A list of the names and addresses and amounts of each of the known proposed stockholders and contributors to the fund for preincorporation expenses; and
(7) Such additional information as the director may require.
[ 1994 c 92 s 482; 1973 c 130 s 7.]
Notes:
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.

catchline: Organizing permit—Application.


title: RCW 33.48.170

text:
The director may impose conditions in the director's organizing permit issued under RCW 33.48.150 concerning the deposit in escrow of funds collected pursuant to said permit, the manner of expenditure of such funds and such other conditions as he or she deems reasonable and necessary or advisable for the protection of the public and the subscribers to such stock or funds for preincorporation expenses.
[ 1994 c 92 s 483; 1982 c 3 s 100; 1973 c 130 s 8.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Organizing permit—Conditions.


title: RCW 33.48.180

text:
No association shall sell, take subscriptions for, or issue any stock until the association applies for and secures from the director a permit authorizing it to sell stock.
This section does not apply to an offering involving less than five hundred thousand dollars nor to an offering made under a registration statement filed under the federal securities act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77a).
[ 1994 c 92 s 484; 1982 c 3 s 101; 1973 c 130 s 5.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Permit authorizing sale of stock—Applicability.


title: RCW 33.48.190

text:
No issued and outstanding stock of an association shall be sold or offered for sale to the public, nor shall subscriptions be solicited or taken for such sales until the association or the selling stockholders have applied for and secured from the director a permit authorizing the sale of the guaranty stock.
This section shall not apply to an offering involving less than ten percent of the issued and outstanding guaranty stock of an association and less than five hundred thousand dollars nor to an offering made under a registration statement filed under the Securities Act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77a).
[ 1994 c 92 s 485; 1973 c 130 s 9.]
Notes:
Severability—1973 c 130: See note following RCW 33.24.350.
Definitions—1973 c 130: See RCW 33.24.350.

catchline: Permit authorizing sale of guaranty stock—Required prior to sale of issued or outstanding stock.


title: RCW 33.48.200

text:
An application for a permit to sell stock shall be in writing and shall be filed in the office of the director by the association.
The application shall include the following:
(1) Regarding the association:
(a) The names and addresses of its officers;
(b) The location of its office;
(c) An itemized account of its financial condition within ninety days of the filing date; and
(d) A copy of all minutes of any proceedings of its directors, shareholders, or stockholders relating to or affecting the issue of such stock;
(2) Regarding the offering:
(a) The names and addresses of the selling stockholders and of the officers of any selling corporation and the partners of any selling partnership;
(b) A copy of any contract concerning the sale of the stock;
(c) A copy of a prospectus or advertisement or other description of the stock prepared for distribution or publication in accordance with requirements prescribed by the director;
(d) A brief description of the method by which the stock is to be offered for sale including the offering price and the underwriting commissions and expense, if any; and
(3) Such additional information as the director may require.
[ 1994 c 92 s 486; 1982 c 3 s 102; 1973 c 130 s 10.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Permit authorizing sale of stock—Application—Contents.


title: RCW 33.48.210

text:
Upon the filing of the application for a permit to sell stock, the director shall examine the application and other papers and documents filed therewith and he or she may make a detailed examination, audit, and investigation of the association and its affairs. If the director finds that the proposed plan for the issue and sale of such stock is fair, just and equitable, the director shall issue to the applicant a permit authorizing it to issue and dispose of its stock in such amounts and for such considerations and upon such terms and conditions as the director may provide in the permit. If the director does not so find he or she shall deny the application and notify the applicant in writing of his or her decision.
[ 1994 c 92 s 487; 1982 c 3 s 103; 1973 c 130 s 11.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Permit authorizing sale of stock—Examination and investigation—Issuance or denial.


title: RCW 33.48.220

text:
Every permit to take subscriptions for stock shall recite in boldface type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the stock permitted to be issued.
[ 1982 c 3 s 104; 1973 c 130 s 12.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Recitation in permit to take subscriptions for stock.


title: RCW 33.48.230

text:
With respect to sales of stock by an association, the director may impose conditions requiring the impoundment of the proceeds from the sale of stock, limiting the expense in connection with the sale of such stock, and other conditions as he or she deems reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of such stock in the manner and for the purposes provided in the permit.
[ 1994 c 92 s 488; 1982 c 3 s 105; 1973 c 130 s 13.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Sales of stock—Imposition of conditions.


title: RCW 33.48.240

text:
The director may amend, alter, suspend, or revoke any permit issued under RCW 33.48.150 if there is a violation of the terms and conditions of the permit or if the director determines that the subscription or proposed issue and sale is no longer fair, just, and equitable.
[ 1994 c 92 s 489; 1982 c 3 s 106; 1973 c 130 s 14.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Organizing permit—Amendment, alteration, suspension, or revocation by director—Grounds.


title: RCW 33.48.250

text:
An association may purchase stock issued by it in an amount not to exceed the amount of earned surplus or undivided profits available for dividends on its stock if: The stock so purchased is included for federal estate tax purposes in determining the gross estate of a decedent, and the amount paid for such purchase is entitled to be treated under section 303 of the Internal Revenue Code of 1954 (68A Stat. 3; 26 U.S.C. Sec. 1), or other applicable federal statute or the corresponding provision of any future federal revenue law, as a distribution in full payment in exchange for the stock so purchased, or such purchase is with the prior consent of the director, or such purchase is pursuant to a put option contained in a plan which has been approved by the director establishing an employee stock ownership plan for the association and its employees pursuant to the provisions of the act of congress entitled "Employee Retirement Income Security Act of 1974", as now constituted or hereafter amended, or Section 409 of the Internal Revenue Code of 1954, as now constituted or hereafter amended. Stock so purchased until sold shall be carried as treasury stock. Upon the purchase of any stock issued by the association, an amount equal to the purchase price shall be set aside from earned surplus or undivided profits available for dividends to a specific reserve account established for this purpose. Upon sale of any of such stock, the amount relating thereto in the specific reserve account shall be returned to the surplus or undivided profits account (as the case may be) and shall be available for dividends. Reacquired stock shall not be resold at less than its reacquisition cost, without the specific approval of the director, and shall not be resold or reissued except in accordance with RCW 33.48.220 through 33.48.240.
[ 1994 c 92 s 490; 1985 c 239 s 3; 1982 c 3 s 107; 1973 c 130 s 15.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Purchase by association of stock issued by it—Conditions.


title: RCW 33.48.260

text:
With the prior consent of the director, the stock of an association may be reduced by resolution of the board of directors approved by the vote or written consent of the holders of a majority in amount of the outstanding stock of the association to such amount as the director approves.
[ 1994 c 92 s 491; 1982 c 3 s 108; 1973 c 130 s 16.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Reduction of stock—Conditions.


title: RCW 33.48.270

text:
Any surplus resulting from reduction of stock shall not be available for dividends or other distribution to stockholders except upon liquidation.
[ 1982 c 3 s 109; 1973 c 130 s 17.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Reduction of stock—Disposition of surplus.


title: RCW 33.48.280

text:
An association may, by action of its board of directors and with the prior approval of the director, apply any part or all of any paid-in or contributed surplus or any surplus created by reduction of stock to the reduction or writing off of any deficit arising from losses or diminution in value of its assets, or may transfer to or designate as a part of its federal insurance account or any other reserve account irrevocably established for the sole purpose of absorbing losses, any part or all of any paid-in or contributed surplus or any surplus created by reduction of stock.
[ 1994 c 92 s 492; 1982 c 3 s 110; 1973 c 130 s 18.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: Paid-in or contributed surplus or surplus created by reduction of stock—Application and uses.


title: RCW 33.48.290

text:
RCW 33.48.150 through 33.48.280 do not apply to foreign associations doing business in this state pursuant to the provisions of chapter 33.32 RCW.
[ 1982 c 3 s 111; 1973 c 130 s 19.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.
Severability—1973 c 130: See note following RCW 33.24.350.

catchline: RCW 33.48.150 through 33.48.280 inapplicable to foreign associations.


title: RCW 33.48.320

text:
If, in the opinion of the director, it is necessary for any of the requirements of this chapter to be waived in order to permit an association which is in danger of failing to convert its charter from a mutual association to a stock association or from a stock association to a mutual association so that the association may be acquired by an association or a savings and loan holding company, then the director may waive any such requirement.
[ 1994 c 92 s 493; 1982 c 3 s 112.]
Notes:
Severability—1982 c 3: See note following RCW 33.04.002.

catchline: Waiver of chapter requirements.


title: RCW 34.05.001

text:
The legislature intends, by enacting this 1988 Administrative Procedure Act, to clarify the existing law of administrative procedure, to achieve greater consistency with other states and the federal government in administrative procedure, and to provide greater public and legislative access to administrative decision making. The legislature intends that to the greatest extent possible and unless this chapter clearly requires otherwise, current agency practices and court decisions interpreting the Administrative Procedure Act in effect before July 1, 1989, shall remain in effect. The legislature also intends that the courts should interpret provisions of this chapter consistently with decisions of other courts interpreting similar provisions of other states, the federal government, and model acts.
[ 1988 c 288 s 18.]

catchline: Legislative intent.


title: RCW 34.05.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adjudicative proceeding" means a proceeding before an agency in which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry of an order by the agency. Adjudicative proceedings also include all cases of licensing and rate making in which an application for a license or rate change is denied except as limited by RCW 66.08.150, or a license is revoked, suspended, or modified, or in which the granting of an application is contested by a person having standing to contest under the law.
(2) "Agency" means any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the governor, or the attorney general except to the extent otherwise required by law and any local governmental entity that may request the appointment of an administrative law judge under chapter 42.41 RCW.
(3) "Agency action" means licensing, the implementation or enforcement of a statute, the adoption or application of an agency rule or order, the imposition of sanctions, or the granting or withholding of benefits.
Agency action does not include an agency decision regarding (a) contracting or procurement of goods, services, public works, and the purchase, lease, or acquisition by any other means, including eminent domain, of real estate, as well as all activities necessarily related to those functions, or (b) determinations as to the sufficiency of a showing of interest filed in support of a representation petition, or mediation or conciliation of labor disputes or arbitration of labor disputes under a collective bargaining law or similar statute, or (c) any sale, lease, contract, or other proprietary decision in the management of public lands or real property interests, or (d) the granting of a license, franchise, or permission for the use of trademarks, symbols, and similar property owned or controlled by the agency.
(4) "Agency head" means the individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law. If the agency head is a body of individuals, a majority of those individuals constitutes the agency head.
(5) "Entry" of an order means the signing of the order by all persons who are to sign the order, as an official act indicating that the order is to be effective.
(6) "Filing" of a document that is required to be filed with an agency means delivery of the document to a place designated by the agency by rule for receipt of official documents, or in the absence of such designation, at the office of the agency head.
(7) "Institutions of higher education" are the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, the various community colleges, and the governing boards of each of the above, and the various colleges, divisions, departments, or offices authorized by the governing board of the institution involved to act for the institution, all of which are sometimes referred to in this chapter as "institutions."
(8) "Interpretive statement" means a written expression of the opinion of an agency, entitled an interpretive statement by the agency head or its designee, as to the meaning of a statute or other provision of law, of a court decision, or of an agency order.
(9)(a) "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by law, but does not include (i) a license required solely for revenue purposes, or (ii) a certification of an exclusive bargaining representative, or similar status, under a collective bargaining law or similar statute, or (iii) a license, franchise, or permission for use of trademarks, symbols, and similar property owned or controlled by the agency.
(b) "Licensing" includes the agency process respecting the issuance, denial, revocation, suspension, or modification of a license.
(10) "Mail" or "send," for purposes of any notice relating to rule making or policy or interpretive statements, means regular mail or electronic distribution, as provided in RCW 34.05.260. "Electronic distribution" or "electronically" means distribution by email or fax.
(11)(a) "Order," without further qualification, means a written statement of particular applicability that finally determines the legal rights, duties, privileges, immunities, or other legal interests of a specific person or persons.
(b) "Order of adoption" means the official written statement by which an agency adopts, amends, or repeals a rule.
(12) "Party to agency proceedings," or "party" in a context so indicating, means:
(a) A person to whom the agency action is specifically directed; or
(b) A person named as a party to the agency proceeding or allowed to intervene or participate as a party in the agency proceeding.
(13) "Party to judicial review or civil enforcement proceedings," or "party" in a context so indicating, means:
(a) A person who files a petition for a judicial review or civil enforcement proceeding; or
(b) A person named as a party in a judicial review or civil enforcement proceeding, or allowed to participate as a party in a judicial review or civil enforcement proceeding.
(14) "Person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency.
(15) "Policy statement" means a written description of the current approach of an agency, entitled a policy statement by the agency head or its designee, to implementation of a statute or other provision of law, of a court decision, or of an agency order, including where appropriate the agency's current practice, procedure, or method of action based upon that approach.
(16) "Rule" means any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty or administrative sanction; (b) which establishes, alters, or revokes any procedure, practice, or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or profession; or (e) which establishes, alters, or revokes any mandatory standards for any product or material which must be met before distribution or sale. The term includes the amendment or repeal of a prior rule, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, (ii) declaratory rulings issued pursuant to RCW 34.05.240, (iii) traffic restrictions for motor vehicles, bicyclists, and pedestrians established by the secretary of transportation or his or her designee where notice of such restrictions is given by official traffic control devices, or (iv) rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes.
(17) "Rules review committee" or "committee" means the joint administrative rules review committee created pursuant to RCW 34.05.610 for the purpose of selectively reviewing existing and proposed rules of state agencies.
(18) "Rule making" means the process for formulation and adoption of a rule.
(19) "Service," except as otherwise provided in this chapter, means posting in the United States mail, properly addressed, postage prepaid, or personal or electronic service. Service by mail is complete upon deposit in the United States mail. Agencies may, by rule, authorize service by electronic transmission, or by commercial parcel delivery company.
[ 2019 c 8 s 701; 2014 c 97 s 101; 2013 c 110 s 3; 2011 c 336 s 762; 1997 c 126 s 2; 1992 c 44 s 10; 1989 c 175 s 1; 1988 c 288 s 101; 1982 c 10 s 5. Prior: 1981 c 324 s 2; 1981 c 183 s 1; 1967 c 237 s 1; 1959 c 234 s 1. Formerly RCW 34.04.010.]
Notes:
Effective date—2019 c 8 ss 102,103, 107, and 701-703: See note following RCW 82.04.067.
Existing rights and liability—Retroactive application—2019 c 8: See notes following RCW 82.02.250.
Effective dates—1992 c 44: See RCW 42.41.901.
Effective dates—1989 c 175: "Sections 1 through 35 and 37 through 185 of this act are necessary for the immediate preservation of the public peace, health, or safety, or the support of the state government and its existing public institutions, and shall take effect on July 1, 1989. Section 36 of this act shall take effect on July 1, 1990." [ 1989 c 175 s 186.]
Severability—1982 c 10: See note following RCW 6.13.080.
Legislative affirmation—1981 c 324: "The legislature affirms that all rule-making authority of state agencies and institutions of higher education is a function delegated by the legislature, and as such, shall be exercised pursuant to the conditions and restrictions contained in this act." [ 1981 c 324 s 1.]
Severability—1981 c 324: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 324 s 18.]

catchline: Definitions.


title: RCW 34.05.020

text:
Nothing in this chapter may be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements of this chapter through the issuance of rules or otherwise. No subsequent legislation shall be held to supersede or modify the provisions of this chapter or its applicability to any agency except to the extent that such legislation shall do so expressly.
[ 1988 c 288 s 102; 1967 c 237 s 24. Formerly RCW 34.04.940.]

catchline: Savings—Authority of agencies to comply with chapter—Effect of subsequent legislation.


title: RCW 34.05.030

text:
(1) This chapter shall not apply to:
(a) The state militia; or
(b) The clemency and pardons board; or
(c) The department of corrections or the indeterminate sentencing [sentence] review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies; or
(d) The transportation commission when exercising its powers as the state tolling authority under RCW 47.56.850 and 47.56.877.
(2) The provisions of RCW 34.05.410 through 34.05.598 shall not apply:
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;
(c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;
(d) To actions of the Washington personnel resources board, the director of financial management, and the department of enterprise services when carrying out their duties under chapter 41.06 RCW;
(e) To adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261;
(f) To actions to implement the provisions of chapter 70A.02 RCW, except as specified in RCW 70A.02.130; or
(g) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not apply to:
(a) Reimbursement unit values, fee schedules, arithmetic conversion factors, and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW; and
(b) Adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the administrative procedure act, shall be subject to the entire act.
[ 2025 c 293 s 2; 2021 c 314 s 24; 2015 3rd sp.s. c 1 s 309; 2011 1st sp.s. c 43 s 431; 2006 c 300 s 4; 2002 c 354 s 225; 1994 c 39 s 1; 1993 c 281 s 15; 1989 c 175 s 2; 1988 c 288 s 103; 1984 c 141 s 8; 1982 c 221 s 6; 1981 c 64 s 2; 1979 c 158 s 90; 1971 ex.s. c 57 s 17; 1971 c 21 s 1; 1967 ex.s. c 71 s 1; 1967 c 237 s 7; 1963 c 237 s 1; 1959 c 234 s 15. Formerly RCW 34.04.150.]
Notes:
Findings—Intent—2025 c 293: "The legislature finds that most tolling facilities in Washington state are subject to strict bond covenants and financial requirements, requiring swift action in response to changing circumstances. However, the current process for setting or adjusting toll rates or toll rate policies takes an average of 160 days to complete due to requirements in the administrative procedure act, chapter 34.05 RCW. The legislature further finds that this process lacks the flexibility that is necessary to quickly adjust tolls to meet legally mandated revenue and performance requirements in response to unforeseen circumstances. Therefore, in order to address the challenges with the current toll rate setting process, it is the intent of the legislature to exempt toll setting from the administrative procedure act and to instead establish a toll setting process that can be carried out efficiently and expeditiously while maintaining public transparency." [ 2025 c 293 s 1.]
Effective date—2025 c 293: "This act takes effect January 1, 2026." [ 2025 c 293 s 9.]
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective dates—Contingent effective date—2006 c 300: See note following RCW 82.04.261.
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Exclusions from chapter or parts of chapter.


title: RCW 34.05.040

text:
If any part of this chapter is found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, the conflicting part of this chapter is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such findings or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned.
[ 1988 c 288 s 104; 1959 c 234 s 19. Formerly RCW 34.04.930.]

catchline: Operation of chapter if in conflict with federal law.


title: RCW 34.05.050

text:
Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person by this chapter.
[ 1988 c 288 s 105.]

catchline: Waiver.


title: RCW 34.05.060

text:
Except to the extent precluded by another provision of law and subject to approval by agency order, informal settlement of matters that may make unnecessary more elaborate proceedings under this chapter is strongly encouraged. Agencies may establish by rule specific procedures for attempting and executing informal settlement of matters. This section does not require any party or other person to settle a matter.
[ 1988 c 288 s 106.]

catchline: Informal settlements.


title: RCW 34.05.070

text:
(1) If it becomes apparent during the course of an adjudicative or rule-making proceeding undertaken pursuant to this chapter that another form of proceeding under this chapter is necessary, is in the public interest, or is more appropriate to resolve issues affecting the participants, on his or her own motion or on the motion of any party, the presiding officer or other official responsible for the original proceeding shall advise the parties of necessary steps for conversion and, if within the official's power, commence the new proceeding. If the agency refuses to convert to another proceeding, that decision is not subject to judicial review. Commencement of the new proceeding shall be accomplished pursuant to the procedural rules of the new proceeding, except that elements already performed need not be repeated.
(2) If appropriate, a new proceeding may be commenced independently of the original proceeding or may replace the original proceeding.
(3) Conversion to a replacement proceeding shall not be undertaken if the rights of any party will be substantially prejudiced.
(4) To the extent feasible the record of the original proceeding shall be included in the record of a replacement proceeding.
(5) The time of commencement of a replacement proceeding shall be considered to be the time of commencement of the original proceeding.
[ 1988 c 288 s 107.]

catchline: Conversion of proceedings.


title: RCW 34.05.080

text:
(1) An agency may modify time limits established in this chapter only as set forth in this section. An agency may not modify time limits relating to rule-making procedures or the time limits for filing a petition for judicial review specified in RCW 34.05.542.
(2) The time limits set forth in this chapter may be modified by rule of the agency or by rule of the chief administrative law judge if:
(a) The agency has an agency head composed of a body of individuals serving part time who do not regularly meet on a schedule that would allow compliance with the time limits of this chapter in the normal course of agency affairs;
(b) The agency does not have a permanent staff to comply with the time limits set forth in this chapter without substantial loss of efficiency and economy; and
(c) The rights of persons dealing with the agency are not substantially impaired.
(3) The time limits set forth in this chapter may be modified by rule if the agency determines that the change is necessary to the performance of its statutory duties. Agency rule may provide for emergency variation when required in a specific case.
(4) Time limits may be changed pursuant to RCW 34.05.040.
(5) Time limits may be waived pursuant to RCW 34.05.050.
(6) Any modification in the time limits set forth in this chapter shall be to new time limits that are reasonable under the specific circumstances.
(7) In an adjudicative proceeding, any agency whose time limits vary from those set forth in this chapter shall provide reasonable and adequate notice of the pertinent time limits to persons affected. The notice may be given by the presiding or reviewing officer involved in the proceeding.
(8) Two years after July 1, 1989, the chief administrative law judge shall cause a survey to be made of variations by agencies from the time limits set forth in this chapter, and shall submit a written report of the results of the survey to the office of the governor.
[ 1989 c 175 s 3; 1988 c 288 s 108.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Variation from time limits.


title: RCW 34.05.090

text:
Emergency rules adopted by the forest practices board pertaining to forest practices and the protection of aquatic resources are subject to this chapter to the extent provided in RCW 76.09.055.
[ 1999 sp.s. c 4 s 202.]
Notes:
Effective date—1999 sp.s. c 4 ss 201, 202, and 203: See note following RCW 76.09.055.
Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.

catchline: Forest practices board—Emergency rules.


title: RCW 34.05.100

text:
(1) All agency orders creating new rules, or amending existing rules, shall be formulated in accordance with the requirements of RCW 44.04.280 regarding the use of respectful language.
(2) No agency rule is invalid because it does not comply with this section.
[ 2004 c 175 s 2.]

catchline: Respectful language.


title: RCW 34.05.110

text:
(1) Agencies must provide to a small business a copy of the state law or agency rule that a small business is violating and a period of at least seven calendar days to correct the violation before the agency may impose any fines, civil penalties, or administrative sanctions for a violation of a state law or agency rule by a small business. If no correction is possible or if an agency is acting in response to a complaint made by a third party and the third party would be disadvantaged by the application of this subsection, the requirements in this subsection do not apply.
(2) Except as provided in subsection (4) of this section, agencies shall waive any fines, civil penalties, or administrative sanctions for first-time paperwork violations by a small business.
(3) When an agency waives a fine, penalty, or sanction under this section, when possible it shall require the small business to correct the violation within a reasonable period of time, in a manner specified by the agency. If correction is impossible, no correction may be required and failure to correct is not grounds for reinstatement of fines, penalties, or sanctions under subsection (5)(b) of this section.
(4) Exceptions to requirements of subsection (1) of this section and the waiver requirement in subsection (2) of this section may be made for any of the following reasons:
(a) The agency head determines that the effect of the violation or waiver presents a direct danger to the public health, results in a loss of income or benefits to an employee, poses a potentially significant threat to human health or the environment, or causes serious harm to the public interest;
(b) The violation involves a knowing or willful violation;
(c) The violation is of a requirement concerning the assessment, collection, or administration of any tax, tax program, debt, revenue, receipt, a regulated entity's financial filings, or insurance rate or form filing;
(d) The requirements of this section are in conflict with federal law or program requirements, federal requirements that are a prescribed condition to the allocation of federal funds to the state, or the requirements for eligibility of employers in this state for federal unemployment tax credits, as determined by the agency head;
(e) The small business committing the violation previously violated a substantially similar requirement; or
(f) The owner or operator of the small business committing the violation owns or operates, or owned or operated a different small business which previously violated a substantially similar requirement.
(5)(a) Nothing in this section prohibits an agency from waiving fines, civil penalties, or administrative sanctions incurred by a small business for a paperwork violation that is not a first-time offense.
(b) Any fine, civil penalty, or administrative sanction that is waived under this section may be reinstated and imposed in addition to any additional fines, penalties, or administrative sanctions associated with a subsequent violation for noncompliance with a substantially similar paperwork requirement, or failure to correct the previous violation as required by the agency under subsection (3) of this section.
(6) Nothing in this section may be construed to diminish the responsibility for any citizen or business to apply for and obtain a permit, license, or authorizing document that is required to engage in a regulated activity, or otherwise comply with state or federal law.
(7) Nothing in this section shall be construed to apply to small businesses required to provide accurate and complete information and documentation in relation to any claim for payment of state or federal funds or who are licensed or certified to provide care and services to vulnerable adults or children.
(8) Nothing in this section affects the attorney general's authority to impose fines, civil penalties, or administrative sanctions as otherwise authorized by law; nor shall this section affect the attorney general's authority to enforce the consumer protection act, chapter 19.86 RCW.
(9) As used in this section:
(a) "Small business" means a business with two hundred fifty or fewer employees or a gross revenue of less than seven million dollars annually as reported on its most recent federal income tax return or its most recent return filed with the department of revenue.
(b) "Paperwork violation" means the violation of any statutory or regulatory requirement that mandates the collection of information by an agency, or the collection, posting, or retention of information by a small business. This includes but is not limited to requirements in the Revised Code of Washington, the Washington Administrative Code, the Washington State Register, or any other agency directive.
(c) "First-time paperwork violation" means the first instance of a particular or substantially similar paperwork violation.
[ 2011 c 18 s 1; 2010 c 194 s 1; 2009 c 358 s 1.]

catchline: Violations of state law or agency rule by small businesses—Notice requirements—Waiver of penalty for first-time paperwork violations.


title: RCW 34.05.120

text:
(1) Subject to the availability of funds appropriated for this specific purpose, except where inconsistent with federal law or regulations applicable to federal benefit programs, agencies shall amend their rules to reflect the intent of the legislature to ensure that all privileges, immunities, rights, benefits, or responsibilities granted or imposed by statute to an individual because that individual is or was a spouse in a marital relationship are granted or imposed on equivalent terms to an individual because that individual is or was in a state registered domestic partnership.
(2) Except where inconsistent with federal law or regulations applicable to federal benefit programs, all agency orders creating new rules, or amending existing rules, shall be formulated to reflect the intent stated in subsection (1) of this section.
(3) No agency rule is invalid because it does not comply with this section.
[ 2009 c 521 s 2.]

catchline: Extension of rights and responsibilities—State registered domestic partnerships.


title: RCW 34.05.210

text:
(1)(a) The code reviser shall cause the Washington Administrative Code to be compiled, indexed by subject, and published. All current, permanently effective rules of each agency shall be published in the Washington Administrative Code. Compilations shall be supplemented or revised as often as necessary and at least annually in a form compatible with the main compilation.
(b) The statute law committee, in its discretion, may publish the official copy of the Washington Administrative Code in a digital format on the code reviser or legislative website.
(c) The code reviser shall provide a paper copy of the entire Washington Administrative Code or any section or sections of the code upon request. The code reviser may charge a minimal fee sufficient to cover costs of printing and mailing the paper copy.
(d) The code reviser shall provide a limited number of free paper copies of the Washington Administrative Code to libraries or institutions on request for access and archival purposes.
(2) Subject to the provisions of this chapter, the code reviser shall prescribe a uniform numbering system, form, and style for all proposed and adopted rules.
(3) The code reviser shall publish a register setting forth the text of all rules filed during the appropriate register publication period.
(4) The code reviser may omit from the register or the compilation, rules that would be unduly cumbersome, expensive, or otherwise inexpedient to publish, if such rules are made available in printed or processed form on application to the adopting agency, and if the register or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereof may be obtained.
(5) The code reviser may edit and revise rules for publication, codification, and compilation, without changing the meaning of any such rule.
(6) When a rule, in whole or in part, is declared invalid and unconstitutional by a court of final appeal, the adopting agency shall give notice to that effect in the register. With the consent of the attorney general, the code reviser may remove obsolete rules or parts of rules from the Washington Administrative Code when:
(a) The rules are declared unconstitutional by a court of final appeal; or
(b) The adopting agency ceases to exist and the rules are not transferred by statute to a successor agency.
(7) Compilations and registers shall be made available for purchase, in print or tangible, digital format, at a price fixed by the code reviser.
(8) The board of law library trustees of each county shall keep and maintain a complete and current set of registers and compilations when required for use and inspection as provided in chapter 27.24 RCW. If the register or compilation is published in digital format on the code reviser or legislative website, providing on-site access to the digital version of the register shall satisfy the requirements of this subsection for access to the register.
(9) Judicial notice shall be taken of rules filed and published as provided in RCW 34.05.380 and this section.
[ 2011 c 156 s 4; 2007 c 456 s 3; 1988 c 288 s 201; 1982 1st ex.s. c 32 s 7; 1980 c 186 s 12; 1977 ex.s. c 240 s 9; 1959 c 234 s 5. Formerly RCW 34.04.050.]
Notes:
Purpose—Finding—Intent—2011 c 156: See note following RCW 1.08.080.
Severability—1980 c 186: See note following RCW 34.05.320.
Effective date—1977 ex.s. c 240: See RCW 34.08.905.
Nonbinding effect of unpublished rules and procedures: RCW 42.56.040.

catchline: Code and register—Publication and distribution—Omissions, removals, revisions—Judicial notice.


title: RCW 34.05.220

text:
(1) In addition to other rule-making requirements imposed by law:
(a) Each agency may adopt rules governing the formal and informal procedures prescribed or authorized by this chapter and rules of practice before the agency, together with forms and instructions. If an agency has not adopted procedural rules under this section, the model rules adopted by the chief administrative law judge under RCW 34.05.250 govern procedures before the agency.
(b) To assist interested persons dealing with it, each agency shall adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information and make submissions or requests. No person may be required to comply with agency procedure not adopted as a rule as herein required.
(2) To the extent not prohibited by federal law or regulation, nor prohibited for reasons of confidentiality by state law, each agency shall keep on file for public inspection all final orders, decisions, and opinions in adjudicative proceedings, interpretive statements, policy statements, and any digest or index to those orders, decisions, opinions, or statements prepared by or for the agency.
(3) No agency order, decision, or opinion is valid or effective against any person, nor may it be invoked by the agency for any purpose, unless it is available for public inspection. This subsection is not applicable in favor of any person who has actual knowledge of the order, decision, or opinion. The agency has the burden of proving that knowledge, but may meet that burden by proving that the person has been properly served with a copy of the order.
(4) Each agency that is authorized by law to exercise discretion in deciding individual cases is encouraged to formalize the general principles that may evolve from these decisions by adopting the principles as rules that the agency will follow until they are amended or repealed.
(5) To the extent practicable, any rule proposed or adopted by an agency should be clearly and simply stated, so that it can be understood by those required to comply.
(6) The departments of employment security, labor and industries, ecology, and revenue shall develop and use a notification process to communicate information to the public regarding the postadoption notice required by RCW 34.05.362.
[ 2003 c 246 s 2; 1994 c 249 s 24; 1989 c 175 s 4; 1988 c 288 s 202; 1981 c 67 s 13; 1967 c 237 s 2; 1959 c 234 s 2. Formerly RCW 34.04.020.]
Notes:
Finding—2003 c 246: See note following RCW 34.05.362.
Severability—Application—1994 c 249: See notes following RCW 34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.

catchline: Rules for agency procedure—Indexes of opinions and statements.


title: RCW 34.05.230

text:
(1) An agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform and involve the public, an agency is encouraged to convert long-standing interpretive and policy statements into rules.
(2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.
(3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency. Each agency shall update the roster periodically and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster. The agency may charge a nominal fee to the interested person for this service.
(4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.
[ 2004 c 31 s 3; 2001 c 25 s 1; 1997 c 409 s 202; 1996 c 206 s 12; 1995 c 403 s 702; 1988 c 288 s 203.]
Notes:
Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.
Findings—1996 c 206: See note following RCW 43.05.030.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Interpretive and policy statements.


title: RCW 34.05.240

text:
(1) Any person may petition an agency for a declaratory order with respect to the applicability to specified circumstances of a rule, order, or statute enforceable by the agency. The petition shall set forth facts and reasons on which the petitioner relies to show:
(a) That uncertainty necessitating resolution exists;
(b) That there is actual controversy arising from the uncertainty such that a declaratory order will not be merely an advisory opinion;
(c) That the uncertainty adversely affects the petitioner;
(d) That the adverse effect of uncertainty on the petitioner outweighs any adverse effects on others or on the general public that may likely arise from the order requested; and
(e) That the petition complies with any additional requirements established by the agency under subsection (2) of this section.
(2) Each agency may adopt rules that provide for: (a) The form, contents, and filing of petitions for a declaratory order; (b) the procedural rights of persons in relation thereto; and (c) the disposition of those petitions. These rules may include a description of the classes of circumstances in which the agency will not enter a declaratory order and shall be consistent with the public interest and with the general policy of this chapter to facilitate and encourage agencies to provide reliable advice.
(3) Within fifteen days after receipt of a petition for a declaratory order, the agency shall give notice of the petition to all persons to whom notice is required by law, and may give notice to any other person it deems desirable.
(4) RCW 34.05.410 through 34.05.494 apply to agency proceedings for declaratory orders only to the extent an agency so provides by rule or order.
(5) Within thirty days after receipt of a petition for a declaratory order an agency, in writing, shall do one of the following:
(a) Enter an order declaring the applicability of the statute, rule, or order in question to the specified circumstances;
(b) Set the matter for specified proceedings to be held no more than ninety days after receipt of the petition;
(c) Set a specified time no more than ninety days after receipt of the petition by which it will enter a declaratory order; or
(d) Decline to enter a declaratory order, stating the reasons for its action.
(6) The time limits of subsection (5) (b) and (c) of this section may be extended by the agency for good cause.
(7) An agency may not enter a declaratory order that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding.
(8) A declaratory order has the same status as any other order entered in an agency adjudicative proceeding. Each declaratory order shall contain the names of all parties to the proceeding on which it is based, the particular facts on which it is based, and the reasons for its conclusions.
[ 1988 c 288 s 204; 1959 c 234 s 8. Formerly RCW 34.04.080.]

catchline: Declaratory order by agency—Petition.


title: RCW 34.05.250

text:
The chief administrative law judge shall adopt model rules of procedure appropriate for use by as many agencies as possible. The model rules shall deal with all general functions and duties performed in common by the various agencies. Each agency shall adopt as much of the model rules as is reasonable under its circumstances. Any agency adopting a rule of procedure that differs from the model rules shall include in the order of adoption a finding stating the reasons for variance.
[ 1988 c 288 s 205.]

catchline: Model rules of procedure.


title: RCW 34.05.260

text:
(1) In order to provide the greatest possible access to agency documents to the most people, agencies are encouraged to make their rule, interpretive, and policy information available through electronic distribution as well as through the regular mail. Agencies that have the capacity to transmit electronically may ask persons who are on mailing lists or rosters for copies of interpretive statements, policy statements, preproposal statements of inquiry, and other similar notices whether they would like to receive the notices electronically.
(2) Electronic distribution to persons who request it may substitute for mailed copies related to rule making or policy or interpretive statements. If a notice is distributed electronically, the agency is not required to transmit the actual notice form but must send all the information contained in the notice.
(3) Agencies which maintain mailing lists or rosters for any notices relating to rule making or policy or interpretive statements may establish different rosters or lists by general subject area.
[ 1997 c 126 s 1.]

catchline: Electronic distribution.


title: RCW 34.05.270

text:
Within existing resources, each state agency shall maintain a website that contains the agency's rule-making information. A direct link to the agency's rule-making page must be displayed on the agency's homepage. The rule-making website shall include the complete text of all proposed rules, emergency rules, and permanent rules proposed or adopted within the past twelve months, or include a direct link to the index page on the Washington State Register website that contains links to the complete text of all proposed rules, emergency rules, and permanent rules proposed or adopted within the past twelve months by that state agency. For proposed rules, the time, date, and place for the rule-making hearing and the procedures and timelines for submitting written comments and supporting data must be posted on the website.
[ 2009 c 93 s 1.]

catchline: Agency websites for rule-making information.


title: RCW 34.05.271

text:
(1)(a) Before taking a significant agency action, the department of fish and wildlife must identify the sources of information reviewed and relied upon by the agency in the course of preparing to take significant agency action. Peer-reviewed literature, if applicable, must be identified, as well as any scientific literature or other sources of information used. The department of fish and wildlife shall make available on the agency's website the index of records required under RCW 42.56.070 that are relied upon, or invoked, in support of a proposal for significant agency action.
(b) On the agency's website, the department of fish and wildlife must identify and categorize each source of information that is relied upon in the form of a bibliography, citation list, or similar list of sources. The categories in (c) of this subsection do not imply or infer any hierarchy or level of quality.
(c) The bibliography, citation list, or similar list of sources must categorize the sources of information as belonging to one or more of the following categories:
(i) Independent peer review: Review is overseen by an independent third party;
(ii) Internal peer review: Review by staff internal to the department of fish and wildlife;
(iii) External peer review: Review by persons that are external to and selected by the department of fish and wildlife;
(iv) Open review: Documented open public review process that is not limited to invited organizations or individuals;
(v) Legal and policy document: Documents related to the legal framework for the significant agency action including but not limited to:
(A) Federal and state statutes;
(B) Court and hearings board decisions;
(C) Federal and state administrative rules and regulations; and
(D) Policy and regulatory documents adopted by local governments;
(vi) Data from primary research, monitoring activities, or other sources, but that has not been incorporated as part of documents reviewed under the processes described in (c)(i), (ii), (iii), and (iv) of this subsection;
(vii) Records of the best professional judgment of department of fish and wildlife employees or other individuals; or
(viii) Other: Sources of information that do not fit into one of the categories identified in this subsection (1)(c).
(2)(a) For the purposes of this section, "significant agency action" means an act of the department of fish and wildlife that:
(i) Results in the development of a significant legislative rule as defined in RCW 34.05.328;
(ii) Results in the development of technical guidance, technical assessments, or technical documents that are used to directly support implementation of a state rule or state statute; or
(iii) Results in the development of fish and wildlife recovery plans.
(b) "Significant agency action" does not include rule making by the department of fish and wildlife associated with fishing and hunting rules.
(3) This section is not intended to affect agency action regarding individual permitting, compliance and enforcement decisions, or guidance provided by an agency to a local government on a case-by-case basis.
[ 2014 c 21 s 1; 2013 c 68 s 2.]
Notes:
Finding—Intent—2013 c 68: "(1) The legislature finds that it is critically important that scientific information used to inform public policy be of the highest quality and integrity. Furthermore, the legislature recognizes that a public benefit is derived from greater transparency as to what scientific information, data, or records are being used to inform public policy or relied upon in agency decision making.
(2) Therefore, in order to help ensure that agencies routinely use scientifically credible information in conducting their policy-making functions, it is the intent of the legislature to have those sources of scientific information reviewed and relied upon by agencies be identified in a clear and transparent way." [ 2013 c 68 s 1.]

catchline: Department of fish and wildlife—Significant agency action—Identification and categorization of sources of information used.