Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1966 NO. 74 >

The state personnel board is required to make a biennial survey of classified positions for the purpose of determining the prevailing rates of pay in (1) Washington state private industries, and (2) other governmental units (within the state of Washington, other states and the federal government) for positions of a similar nature.  The board's survey is not limited to any one particular form of private industry or any one particular governmental unit.

AGO 1966 NO. 78 >

(1) Section 5, chapter 105, Laws of 1965, Ex. Sess., clarifies the legislative intent of chapter 295, Laws of 1961 (chapter 81.77 RCW) and prohibits a common or contract carrier from engaging in the business of transporting garbage or refuse for compensation except by authority of a certificate of convenience and necessity issued by the utilities and transportation commission.  (2) Carriers not engaged in the business of transporting garbage and/or refuse for compensation on July 1, 1961, but who have subsequently become engaged in such transportation as a business, are not entitled to certification under the "grandfather" clause of RCW 81.77.040, but must prove a public convenience and necessity.  In order to qualify for a "grandfather" certificate, an applicant must show operations under authority of a common or contract carrier permit.  Mere holding of a permit is not sufficient.

 

AGO 1964 NO. 80 >

A cash buyer (as well as a commission merchant and/or dealer) of livestock is required to post a $7,500 surety bond required by RCW 20.01.210 as a condition precedent to obtaining a license to engage in business under the provisions of chapter 20.01 RCW.

AGLO 1975 NO. 80 >

WAC 260-12-010(22), an administrative regulation of the Washington horse racing commission permitting races which overfill to be contested in two or more divisions, remains a valid and legally defensible administrative regulation.

AGLO 1974 NO. 84 >

Neither the state automobile policy committee nor the governor, acting alone, is authorized to adopt binding regulations governing the use of state‑owned automobiles, including a proposed requirement for payroll deductions for reimbursements for nonofficial use; however, the office of OPP&FM, as agent for the governor, under the state budget and accounting act, may adopt such regulations.

AGLO 1973 NO. 84 >

The state personnel board may by regulation require permanent employees in the classified service (i.e., employees who have successfully completed an initial six-months probationary period) to serve another six-month probationary period in any higher class of covered employment to which they are later promoted in order to obtain permanent status in that class as distinguished from their previously acquired permanent status in the civil service system per se.

AGO 1964 NO. 85 >

The director of the department of fisheries does not have the authority to grant private uses of tidelands reserved by the state under RCW 79.16.175 to abutting upland owners.

AGLO 1975 NO. 87 >

If the department of fisheries purchases commercial fishing vessels under chapter 183, Laws of 1975, 1st Ex. Sess., the department may not then sell those vessels to Indians residing in this state for their use in commercial fishing activities in Washington waters.

AGLO 1975 NO. 88 >

(1) Proposed legislation requiring all timber sold by the state, including that standing on lands covered by §§ 1 and 2, Article XVI of the state constitution, to be primarily processed by a manufacturing establishment employing Washington residents and situated within the United States would probably be unconstitutional under the commerce clause of Article I, § 8 of the United States Constitution and would be at least questionable under §§ 1 and 2, Article XVI of the state constitution.

AGLO 1974 NO. 89 >

Chapter 137, Laws of 1974, 1st Ex. Sess., does not authorize the forest practices board to promulgate a rule which would require all state and local governmental agencies to file their authorized rules, regulations or ordinances affecting forest practices with the department of natural resources, and to be subject to an opinion by the attorney general, before those agencies may enforce such rules, regulations or ordinances in regulating activities which would constitute forest practices under that act.