Section 390-37-061. Alternative responses to noncompliance—Goals and objectives—Factors to be considered.

(1) In considering appropriate responses to noncompliance with chapter 42.17A RCW or Title 390 WAC, the commission considers whether a formal investigation or adjudicative proceeding constitutes an efficient and effective use of public funds; or whether an alternative response better meets the commission's mission and public expectations by allowing the expedited resolution of minor and technical alleged violations, and the focusing of staff and commission resources on major alleged violations of chapter 42.17A RCW and Title 390 WAC.

A minor violation occurs when required information is not timely disclosed, however the public is not deprived of critical information.

A technical violation occurs when a good faith effort to comply with disclosure is made, but incomplete information is disclosed.

(2) In authorizing an alternative response to alleged noncompliance, the executive director may consider the nature of the alleged violation and any relevant circumstances including, but not limited to, the factors described in subsection (3) of this section: Provided, That, if after weighing the relevant circumstances and factors, the executive director determines that there is evidence that so warrants, the allegations shall be addressed through a formal investigation as provided by WAC 390-37-060.

(3) The factors the executive director may consider in permitting an alternative response to noncompliance, a formal investigation, or an adjudicative proceeding include, but are not limited to:

[Statutory Authority: RCW 42.17A.110(1). WSR 16-01-015, § 390-37-061, filed 12/4/15, effective 1/4/16.]

RCW 42.17A.110(1). WSR 16-01-015, § 390-37-061, filed 12/4/15, effective 1/4/16.

Rules

390-37-060,