RCW 42.52.360
Authority of executive ethics board.
(1) The executive ethics board shall enforce this chapter and rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education.
(2) The executive ethics board shall enforce this chapter with regard to the activities of institution of higher education faculty and research employees as provided in this subsection.
(a) With respect to compliance with RCW 42.52.030, 42.52.110, 42.52.130, 42.52.140, and 42.52.150, the administrative process for university research employees shall be consistent with and adhere to no less than the current standards in regulations of the United States public health service and the office of the secretary of the department of health and human services in Title 42 C.F.R. Part 50, Subpart F relating to promotion of objectivity in research.
(b) With respect to compliance with RCW 42.52.040, 42.52.080, and 42.52.120, the administrative process shall include a comprehensive system for the disclosure, review, and approval of outside work activities by institution of higher education faculty and research employees while assuring that such employees are fulfilling their employment obligations to the institution of higher education.
(c) With respect to compliance with RCW 42.52.160, the administrative process shall include reasonable determinations by the institution of higher education of:
(i) Acceptable private uses having de minimis costs to the institution of higher education and a method for establishing fair and reasonable reimbursement charges for private uses the costs of which are in excess of de minimis; and
(ii) Acceptable private uses having more than de minimis costs to the institution of higher education, but which are performed as part of the faculty or research employee's duties or job requirements.
(3) The executive ethics board shall:
(a) Develop educational materials and training;
(b) Adopt rules and policies governing the conduct of business by the board, and adopt rules defining working hours for purposes of RCW 42.52.180 and where otherwise authorized under chapter 154, Laws of 1994;
(c) Issue advisory opinions;
(d) Investigate, hear, and determine complaints by any person or on its own motion;
(e) Impose sanctions including reprimands and monetary penalties;
(f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and
(g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules adopted under it.
(4) The board may:
(a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the board or involved in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(5) The board shall not delegate to the board's executive director its authority to issue advisories, advisory letters, or opinions.
(6) Except as provided in RCW 42.52.220, the executive ethics board may review and approve agency policies as provided for in this chapter.
(7) This section does not apply to state officers and state employees of the judicial branch.
[ 2022 c 173 § 4; 2013 c 190 § 3; 2005 c 106 § 5; 1994 c 154 § 206.]
NOTES:
Finding—2013 c 190: See note following RCW 42.52.410.
Structure Revised Code of Washington
Title 42 - Public Officers and Agencies
Chapter 42.52 - Ethics in Public Service.
42.52.020 - Activities incompatible with public duties.
42.52.030 - Financial interests in transactions.
42.52.040 - Assisting in transactions.
42.52.050 - Confidential information—Improperly concealed records.
42.52.060 - Testimony of state officers and state employees.
42.52.070 - Special privileges and exemptions—Application of section to legislature.
42.52.080 - Employment after public service.
42.52.090 - Limited assistance by former state officers and employees.
42.52.110 - Compensation for official duties or nonperformance.
42.52.120 - Compensation for outside activities.
42.52.150 - Limitations on gifts.
42.52.160 - Use of persons, money, or property for private gain.
42.52.170 - Giving, paying, loaning, etc., any thing of economic value to state employee.
42.52.180 - Use of public resources for political campaigns.
42.52.185 - Restrictions on mailings by legislators.
42.52.310 - Legislative ethics board.
42.52.320 - Authority of legislative ethics board.
42.52.340 - Transfer of jurisdiction.
42.52.350 - Executive ethics board.
42.52.360 - Authority of executive ethics board.
42.52.365 - Executive branch agencies—Ethics advisors—Ethics training.
42.52.370 - Authority of commission on judicial conduct.
42.52.380 - Political activities of board members.
42.52.390 - Hearing and subpoena authority.
42.52.400 - Enforcement of subpoena authority.
42.52.410 - Filing complaint—Whistleblower protection—Penalty for reprisal or retaliation.
42.52.425 - Dismissal of complaint.
42.52.430 - Public hearing—Findings.
42.52.450 - Complaint against legislator or statewide elected official.
42.52.470 - Referral for enforcement.
42.52.490 - Action by attorney general.
42.52.500 - Optional hearings by administrative law judge.
42.52.510 - Rescission of state action.
42.52.520 - Disciplinary action.
42.52.530 - Additional investigative authority.
42.52.540 - Limitations period.
42.52.550 - Compensation of ethics boards.
42.52.575 - Information about scholarship opportunities.
42.52.801 - Exemption—Solicitation to promote tourism.
42.52.8021 - Exemption—Solicitation for Washington state flag account.
42.52.8022 - Exemption—Informational or educational meetings regarding legislative issues.
42.52.8023 - Exemption—Gina Grant Bull memorial legislative page scholarship account.
42.52.8024 - Exemption—Rosa Franklin legislative internship program scholarship.
42.52.803 - Exemption—Solicitation for legislative oral history account.
42.52.804 - Exemption—Health profession board or commission—Professional opinions.
42.52.810 - Solicitation for the legislative international trade account—Report.
42.52.820 - Solicitation for hosting national legislative association conference.
42.52.821 - Exemption—Solicitation to host conference of a national association.
42.52.900 - Legislative declaration.
42.52.901 - Liberal construction.
42.52.903 - Serving on board, committee, or commission not prevented.
42.52.904 - Effective date—1994 c 154.
42.52.906 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.