Revised Code of Washington
Chapter 49.46 - Minimum Wage Requirements and Labor Standards.
49.46.080 - New or modified regulations—Judicial review—Stay.

RCW 49.46.080
New or modified regulations—Judicial review—Stay.

(1) As new regulations or changes or modification of previously established regulations are proposed, the director shall call a public hearing for the purpose of the consideration and establishment of such regulations following the procedures used in the promulgation of standards of safety under chapter 49.17 RCW.
(2) Any interested party may obtain a review of the director's findings and order in the superior court of county of petitioners' residence by filing in such court within sixty days after the date of publication of such regulation a written petition praying that the regulation be modified or set aside. A copy of such petition shall be served upon the director. The finding of facts, if supported by evidence, shall be conclusive upon the court. The court shall determine whether the regulation is in accordance with law. If the court determines that such regulation is not in accordance with law, it shall remand the case to the director with directions to modify or revoke such regulation. If application is made to the court for leave to adduce additional evidence by any aggrieved party, such party shall show to the satisfaction of the court that such additional evidence is material, and that there were reasonable grounds for the failure to adduce such evidence before the director. If the court finds that such evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce such evidence in prior proceedings, the court may remand the case to the director with directions that such additional evidence be taken before the director. The director may modify the findings and conclusions, in whole or in part, by reason of such additional evidence.
(3) The judgment and decree of the court shall be final except that it shall be subject to review by the supreme court or the court of appeals as in other civil cases.
(4) The proceedings under this section shall not, unless specifically ordered by the court, operate as a stay of an administrative regulation issued under the provisions of this chapter. The court shall not grant any stay of an administrative regulation unless the person complaining of such regulation shall file in the court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the regulation, in the event such regulation is affirmed, of the amount by which the compensation such employees are entitled to receive under the regulation exceeds the compensation they actually receive while such stay is in effect.

[ 1983 c 3 § 157; 1971 c 81 § 117; 1959 c 294 § 8.]

Structure Revised Code of Washington

Revised Code of Washington

Title 49 - Labor Regulations

Chapter 49.46 - Minimum Wage Requirements and Labor Standards.

49.46.005 - Declaration of necessity and police power—Conformity to modern fair labor standards.

49.46.010 - Definitions.

49.46.020 - Minimum hourly wage—Paid sick leave.

49.46.040 - Investigation—Services of federal agencies—Employer's records—Industrial homework.

49.46.060 - Exceptions for learners, apprentices, messengers, persons with disabilities.

49.46.065 - Individual volunteering labor to state or local governmental agency—Amount reimbursed for expenses or received as nominal compensation not deemed salary for rendering services or affecting public retirement rights.

49.46.070 - Records of employer—Contents—Inspection—Sworn statement.

49.46.080 - New or modified regulations—Judicial review—Stay.

49.46.090 - Payment of amounts less than chapter requirements—Employer's liability—Assignment of claim.

49.46.100 - Prohibited acts of employer—Penalty.

49.46.110 - Collective bargaining not impaired.

49.46.120 - Chapter establishes minimum standards and is supplementary to other laws—More favorable standards unaffected.

49.46.130 - Minimum rate of compensation for employment in excess of forty hour workweek—Exceptions.

49.46.140 - Notification of employers.

49.46.160 - Automatic service charges.

49.46.170 - Employment of individuals with disabilities at less than the minimum wage—State agencies prohibited.

49.46.180 - Paid sick leave—Construction workers covered by a collective bargaining agreement excluded.

49.46.200 - Paid sick leave.

49.46.210 - Paid sick leave—Authorized purposes—Limitations.

49.46.300 - Transportation network companies—Definitions—Driver compensation—Notice of rights—Electronic receipts—Weekly notice, trip information—Trip fee—Driver resource center—Rules.

49.46.310 - Transportation network companies—Driver resource center fund—Selection of driver resource center—Intent.

49.46.320 - Transportation network companies—Department investigation of compensation-related complaints—Penalties—Appeals—Orders—Private right of action.

49.46.330 - Transportation network companies—Department investigation of noncompensation requirements—Penalties—Appeals—Orders.

49.46.340 - Transportation network companies—Unlawful practices—Retaliation—Penalties—Request for reconsideration—Appeals.

49.46.350 - Transportation network companies—Paid sick time—Department investigation—Notice of assessment—Rules.

49.46.800 - Rights and remedies—Long-term care individual providers covered under this chapter.

49.46.810 - Adoption, implementation of rules.

49.46.820 - Chapter 2, Laws of 2017 to be liberally construed—Local jurisdictions may adopt more favorable labor standards.

49.46.830 - Chapter 2, Laws of 2017 subject to investigation and recordkeeping provisions.

49.46.910 - Short title.

49.46.920 - Effective date—1975 1st ex.s. c 289.