Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 67 >

(1) Assuming that all of its officers are United States citizens, an incorporated city or town may be issued a retail liquor license by the state liquor control board under the provisions of RCW 66.24.010. (2) The liquor control board, acting through its enforcement officers and subject to the applicable provisions of the Administrative Procedures Act, may enforce the liquor act and related regulations in the case of violations thereof by an incorporated city or town as licensee.

AGO 1959 NO. 68 >

The Department of Public Assistance has no authority to place children for adoption but it has authority to accept the custody of dependent children as that term is defined in chapter 74.12 RCW.

AGLO 1975 NO. 68 >

So much of § 11, chapter 269, Laws of 1975, 1st Ex. Sess., as provides that not more than $117,016,320 in general fund moneys shall be expended for the continuation of certain specified salary increases for state employees does not have the effect of prohibiting community college faculty and staff who are not covered by chapter 28B.16 RCW from being granted additional pay raises during the 1975-77 biennium in accordance with RCW 28B.50.140(3).

AGLO 1976 NO. 68 >

The Washington state hospital commission has the authority, under RCW 70.39.140, to devise and approve the use of alternative systems of payment to hospitals for services provided to health care recipients covered under Medicare, Medicaid, Industrial Insurance or similar programs which the payors under those programs may then, in the exercise of their legal authority, require such hospitals to utilize.

AGO 1966 NO. 69 >

(1) Under § 6 of the 1965 Public Officials' Code of Ethics Act (chapter 150, Laws of 1965, Ex. Sess.), which requires "public officials" to make regular periodic written disclosures of certain financial interests and activities, the term "public official" includes (a) all state officers expressly mentioned in § 2 of the act, (b) all other state officials, and (c) state employees who are engaged in supervisory, policy making or policy enforcing work.  The term includes, but is not limited to, appointive executive department or service agency heads, directors, assistant directors, executive secretaries, and managers; appointive members of state boards or commissions; assistant attorneys general; supervisory employees of the supreme court; and supervisory or policy making or enforcing deputies or assistants to elective officials.  Any state employee believing his position is by reason of its function thus included who has any reportable financial interest or activity should file a report unless he has received reliable legal advice to the contrary.

AGLO 1974 NO. 70 >

The Washington State Personnel Board has the statutory authority under RCW 41.06.150 to promulgate rules defining and excluding "executive management," "supervisors" and "individuals regularly privy to confidential matters affecting the employer-employee relationship" from the right to bargain collectively with their appointing authorities, as it does currently under merit system rules 356-06-010 and 356-42-010(2).

AGLO 1976 NO. 71 >

The energy facility site evaluation council is not authorized by chapter 80.50 RCW, or any other law, to institute any form of legal proceeding to compel a given corporation to file an application for site certification or to refrain it from seeking a substantial development permit.

AGO 1966 NO. 71 >

The director of conservation is not authorized to refund to a "claimant" a portion of the annual "power" license fee for the calendar year 1965, which is required to be paid by the claimant under RCW 90.16.050, when the hydroelectric project to which the fee related is made inoperable during the calendar year 1965, by an "Act of God."

AGLO 1974 NO. 72 >

The oceanographic commission is an agency of the executive branch of state government and not a legislative interim committee.

AGLO 1973 NO. 73 >

(1) In order to engage in the logging of timber within "shorelines of the state" as that term is used in chapter 90.58 RCW, the Shorelines Management Act of 1971, a person will be required to obtain a permit under RCW 90.58.140 (2) under certain factual circumstances.
 
(2) The Shorelines Management Act of 1971 applies to the activities of the state department of natural resources on state‑owned lands under its administrative jurisdiction where such lands are within the "shorelines of the state."