Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1984 NO. 10 >

Economic development councils created in response to (but not pursuant to) RCW 35A.11.060, RCW 35.21.680 or RCW 36.32.410 are not, themselves, municipal corporations or quasi-corporations for the purposes of audit under RCW 43.09.260; however, the State Auditor would nevertheless have the authority to examine the books and records of an economic development council (or any similarly situated private party) as an extension of his authority to audit those municipal corporations or quasi-municipal corporations which have provided funds to such organizations.

AGLO 1978 NO. 10 >

Because of the provisions of Article VIII, § 4 (Amendment 11) of the Washington State Constitution, the full amount of $375,000 which was appropriated to the State Parks and Recreation Commission by § 15(14), chapter 338, Laws of 1977, 1st Ex.Sess., ". . . for the acquisition of 124 acres adjacent to Dash Point state park . . ." may not be expended for the purchase of a smaller, 75-acre portion of the larger tract.

AGLO 1977 NO. 10 >

Because of the provisions of RCW 28B.50.050 a member of the faculty at the University of Washington, being employed by the board of regents of that institution, is ineligible for simultaneous service as a member of the state board for community college education.

AGLO 1973 NO. 10 >

A purely retroactive pay increase for state employees, not involving either the Aldrich or Christie situations, would be unconstitutional under Article II, § 25 (Amendment 35) of the Washington Constitution.

AGO 1961 NO. 10 >

The Department of Labor and Industries is empowered to transfer a business or industry from one occupational classification to another by administrative procedure even though the occupations involved are neither insolvent nor in danger of becoming insolvent.

AGLO 1982 NO. 11 >

The Washington State Liquor Board may sell, through state liquor stores and agencies, unopened liquor which has been lawfully confiscated by the Board or by other governmental agencies.

AGLO 1979 NO. 11 >

(1) The Board of Prison Terms and Paroles is both authorized and required by RCW 9.95.040 to fix a minimum duration of confinement in the case of a person admitted to a state correctional facility under RCW 36.63.255 while on appeal from a felony conviction. (2) In such a case the Parole Board is further authorized by RCW 9.95.110 to release on parole, without the concurrence of the courts, a person admitted to a state correctional facility under RCW 36.63.255 even though that person's appeal is still pending.

AGO 1986 NO. 11 >

It is not a violation of RCW 41.05.025(2) for the State Employees' Insurance Board (SEIB) to provide employees covered by SEIB plans the option of coverage by a health maintenance organization (HMO) which restricts the availability of the services of licensed podiatrists, dentists, chiropractors, optometrists, osteopaths, physical therapists, psychologists, or registered nurses to those provided either directly through the HMO or upon referral by a primary care physician employed by the HMO.

AGLO 1981 NO. 11 >

An "educational institution" as defined in RCW 28B.05.030(1) which provides educational services through workshops and seminars is not exempt from the Educational Services Registration Act solely on the basis that none of those workshops or seminars are of more than three calendar days in duration; nor is such an institution exempt because of the fact that, although it solicits from more than one business concern, it does not solicit the general public.

AGO 1984 NO. 11 >

(1) The State Corrections Standards Board is not required by chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, to fix goals which would, in turn, necessitate that specified portions of the funds which are awarded by it to local governments be set aside for minority or women-owned businesses.(2) Chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, applies only to public works projects undertaken by the State (or an agency thereof) itself and, therefore, does not impose any additional duties or responsibilities on local jurisdictions with respect to jail construction and renovation funded through the State Corrections Standards Board.