Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1975 NO. 53 >

The Open Public Meetings Act (chapter 42.30 RCW) is applicable to the council on hearing aids which is provided for by RCW 18.35.150.

AGO 1965 NO. 54 >

The administrative discretion vested in the director of general administration with respect to method to be used for satisfying the state's need for insurance and public official bonds under RCW 43.19.1935, may not be delegated to a private insurance agent, broker or association.

AGLO 1977 NO. 54 >

The Washington State Human Rights Commission has the power to compensate persons for service as members of hearing tribunals appointed under the law against discrimination, including members of the commission itself who serve as members of a hearing tribunal in accordance with RCW 49.60.250. However, because of Article XXX, § 1, (Amendment 54) of the state constitution, the compensation of tribunal members who are also commissioners cannot be increased during their respective terms of office as members of the Human Rights Commission.

AGO 1965 NO. 56 >

As defined herein, a local representative of an escrow agent, who has either registered under chapter 153, Laws of 1965, the escrow agent registration act, or who is exempted from the provisions thereof, is not required to register.

AGO 1963 NO. 56 >

(1) The "special verdict" contemplated by RCW 9.95.015 is the finding made by a jury and reported to the court that a person found guilty was "armed with a deadly weapon at the time of commission of the crime." (2) Same :  There is no requirement that the board of prison terms and paroles be furnished with a copy of a special verdict on a finding of the court, it being sufficient if the sentence and judgement contains the necessary information. (3) Same :  When a person is convicted of robbery and no finding of fact, or special verdict, is made pursuant to RCW 9.95.015, but there is evidence in the board's possession convincingly showing that such person was "armed with a deadly weapon at the time of the commission of the crime," the board must fix the minimum term of confinement of five years if such person has not been previously convicted of a felony. (4) Same :  If there is no evidence whatsoever that a person convicted of robbery was armed with a deadly weapon at the time of the commission of the crime, the board is not required to fix the minimum term prescribed by RCW 9.75.010.

AGO 1959 NO. 56 >

The Washington Toll Bridge Authority may not legally allow full vacation leave to part-time employees of the Washington State Ferries with whom the Authority has executed labor agreements.  Those part-time employees whose vacation leave was not provided for by labor agreement are entitled by RCW 43.01.040 to vacation leave on a pro rata hourly basis.

AGO 1965 NO. 57 >

Section 2, chapter 153, Laws of 1965, of the escrow agent registration act, exempts title insurance companies that engage in the escrow business from the provisions of the act but does not similarly exempt title companies.

AGLO 1974 NO. 57 >

On and after the effective date of chapter 50, Laws of 1974, 1st Ex. Sess., the state treasurer, acting pursuant to chapter 123, Laws of 1973, Ex. Sess., will continue to have the authority to allocate time deposits of state funds among participating depositaries "on a basis to be determined by the state treasurer. . . ."

AGO 1963 NO. 57 >

The board of prison terms and paroles is without statutory authority to change the titles of parole and probation officers to parole board agents.

AGLO 1973 NO. 57 >

A proposal to amend House Bill No. 1054 at the September legislative session so as to cause the terminal leave benefits provided for therein to be applicable, retroactively, to employees previously terminated by reason of the state facility to be closed would be unconstitutional.