Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1982 NO. 15 >

After July 1, 1982, the hearing contemplated by WAC 392-137-060, relating to the approval of inter-district student transfers by the State Superintendent of Public Instruction, will have to be conducted by an administrative law judge in accordance with the provisions of chapter 34.12 RCW unless the hearing is conducted, instead, by the Superintendent of Public Instruction himself.

AGLO 1980 NO. 15 >

(1) The State Board of Industrial Insurance Appeals may not use Title 51 RCW accident fund or medical aid fund monies to process and adjudicate appeals arising under the Crime Victims' Compensation Act. (2) In the absence of any funds which may legally be used for the processing of crime victims compensation appeals, no appeal processing which requires an expenditure of state funds can properly be carried on by the Board of Industrial Insurance Appeals.

AGO 1970 NO. 15 >

The director of fisheries may lawfully close a given area to commercial fishing without also closing it to sports fishing where his action is taken for the purposes of conservation and for the protection and proper management of the state's fisheries.

AGO 1974 NO. 15 >

(1) The governing body of a state institution may not, in the exercise of its statutory authority to employ and fix the salaries and duties of the various administrative officers and employees of that institution, provide those officers and employees with the unrestricted use of an automobile owned or leased by the institution for that purpose.  (2) Where the statutory authority of a state institution is to "employ," or "employ and compensate" its necessary officials or employees, that institution may, in the exercise of this authority, contract to provide the unrestricted use of an automobile leased by the institution for that purpose, but it may not so contract in the case of a state‑owned automobile in view of WAC 82-28-200 which provides that state cars shall be used only for official business.

AGO 1986 NO. 15 >

(1) The long-term care ombudsman, under chapter 43.190 RCW, may not reveal the identity of a person who has filed a complaint with the Ombudsman without having first either obtained the written consent of such person or been ordered to do so by a court of competent jurisdiction. (2) The ombudsman may reveal the identity of a complainant to those persons within the Department of Social and Health Services having supervisory responsibility over the Office of Long-Term Care Ombudsman. (3) Files maintained by the long-term care ombudsman program may be disclosed to persons outside the office of the long-term care ombudsman if the disclosure is made in such a manner as not to reveal the identity of complainants or residents of long-term care facilities mentioned in such files.

AGO 1975 NO. 15 >

(1) In the absence of specific legal authorization or direction, a public agency governed by Initiative No.276 (chapter 42.17 RCW) is prohibited by RCW 42.17.260(5) from supplying the names of natural persons in list form when the person requesting such information from the public records of the agency intends to use it to contact or in some way personally affect the individuals identified on the list and when the purpose of the contact would be to facilitate that person's commercial activities.  (2) Application of above principles to several specific factual situations involving records in the custody of the state department of motor vehicles.

AGO 1965 NO. 15 >

The adjutant general and the two assistant adjutants general of the state of Washington while on active duty as such officers should each receive pay and allowances prescribed for his military rank by the current federal laws and regulations for an officer of his grade and years of service.

AGLO 1976 NO. 15 >

Discussion of the respective responsibility of the department of labor and industries and the state board of electrical examiners in the process of licensing electrical contractors under RCW 19.28.120.

AGLO 1978 NO. 15 >

The Washington State Planning and Community Affairs Agency, under chapter 43.63A RCW, is in possession of such powers and functions as are necessary to allow it to serve as a "public housing agency" for the limited purpose of receiving and distributing federal funds under Title II, § 8(b)(2) of the Housing and Community Development Act of 1974 (PL 93-383).

AGLO 1977 NO. 15 >

The department of natural resources does not have the legal authority under existing law to permit an upland owner whose land abuts on second class shorelands owned by the state of Washington to construct a private pier on such shorelands without charge.