 |
 |
| Administrative Law | | Aeronautics | | Agriculture And Marketing | | Alcoholic Beverage Control | | Animals And Livestock (formerly: Animals, Estrays, Brands, And Fences) | | Banks And Trust Companies | | Boundaries And Plats | | Business Regulations — Miscellaneous | | Businesses And Professions | | Cemeteries, Morgues, And Human Remains | | Cities And Towns | | Commission Merchants — Agricultural Products | | Common School Provisions | | Corporations And Associations (profit) (business Corporation Act: See Title 23b Rcw) | | Counties | | Courts Of Record | | Crimes And Punishments | | Criminal Procedure | | Developmental Disabilities | | Diking And Drainage | | District Courts — Civil Procedure | | District Courts — Courts Of Limited Jurisdiction | | Domestic Relations | | Elections | | Eminent Domain | | Enforcement Of Judgments | | Estate Taxation | | Evidence | | Excise Taxes | | Federal Areas — Indians | | Fire Protection Districts | | Fish And Wildlife | | Flood Control | | Food, Drugs, Cosmetics, And Poisons | | Forests And Forest Products | | General Provisions | | Higher Education | | Industrial Insurance | | Insurance | | Irrigation | | Juvenile Courts And Juvenile Offenders | | Labor Regulations | | Landlord And Tenant | | Libraries, Museums, And Historical Activities | | Liens | | Mental Illness | | Militia And Military Affairs | | Mines, Minerals, And Petroleum | | Miscellaneous Loan Agencies | | Motor Vehicles | | Mutual Savings Banks | | Navigation And Harbor Improvements | | Optional Municipal Code | | Partnerships | | Personal Property | | Port Districts | | Probate And Trust Law | | Property Taxes | | Public Assistance | | Public Contracts And Indebtedness | | Public Documents, Records, And Publications | | Public Employment, Civil Service, And Pensions | | Public Health And Safety | | Public Highways And Transportation | | Public Lands | | Public Officers And Agencies | | Public Recreational Lands | | Public Utilities | | Public Utility Districts | | Real Property And Conveyances | | Reclamation, Soil Conservation, And Land Settlement | | Recording, Registration, And Legal Publication | | Savings And Loan Associations | | Special Proceedings And Actions | | Sports And Recreation — Convention Facilities | | State Government — Executive | | State Government — Legislative | | State Institutions | | Transportation | | Unemployment Compensation | | Uniform Commercial Code | | Veterans And Veterans' Affairs | | Warehousing And Deposits | | Washington Business Corporation Act | | Washington Criminal Code | | Water Rights — Environment | | Water-sewer Districts | | Waterways | | Weeds, Rodents, And Pests |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > USA Washington |
|
USA Statutes : washington
Title : Public utilities
Chapter : Utilities and transportation commission
|
|
|
RCW 80.01.010Commission created Appointment of members Terms Vacancies Removal Salary.There is hereby created and established a state commission to be known and designated as the Washington utilities and transportation commission, and in this chapter referred to as the commission. The commission shall be composed of three members appointed by the governor, with the consent of the senate. Not more than two members of said commission shall belong to the same political party. The members of the first commission to be appointed after taking effect of this section shall be appointed for terms beginning April 1, 1951, and expiring as follows: One commissioner for the term expiring January 1, 1953; one commissioner for the term expiring January 1, 1955; one commissioner for the term expiring January 1, 1957. Each of the commissioners shall hold office until his successor is appointed and qualified. Upon the expiration of the terms of the three commissioners first to be appointed as herein provided, each succeeding commissioner shall be appointed and hold office for the term of six years. One of such commissioners to be designated by the governor, shall, during the term of the appointing governor, be the chairman of the commission. Each commissioner shall receive a salary as may be fixed by the governor in accordance with the provisions of RCW 43.03.040. Any member of the commission may be removed for inefficiency, malfeasance or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a special tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time, place and procedure for the hearing, and the hearing shall be public. The decision of such tribunal shall be final and not subject to review. If the tribunal specified herein finds the charges of the governor to be true, the governor shall have the right to immediately remove the commissioner from office, to declare the position of the commissioner vacant, and appoint another commissioner to the position in accordance with the provisions of the law. Any vacancy arising in the office of commissioner shall be filled by appointment by the governor, and an appointee selected to fill such vacancy shall hold office for the balance of the full term for which his predecessor on the commission was appointed. If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, when he shall present to the senate his nomination or nominations for the office to be filled.[1961 c 307 § 4; 1961 c 14 § 80.01.010. Prior: 1955 c 340 § 7; 1951 c 260 § 1; 1949 c 117 § 1; Rem. Supp. 1949 § 10964-115-1. Formerly RCW 43.53.010.] RCW 80.01.020Commissioners Oath, bond, and qualifications Persons excluded from office and employment.Each commissioner shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office, and furnish bond to the state in the sum of twenty thousand dollars conditioned for the faithful discharge of the duties of his office and for the proper accounting for all funds that may come into his possession by virtue of his office. Each commissioner shall be a qualified elector of this state and no person in the employ of or holding any official relation to any corporation or person, which corporation or person is subject in whole or in part to regulation by the commission, and no person owning stocks or bonds of any such corporation or who is in any manner pecuniarily interested therein shall be appointed or hold the office of commissioner or be appointed or employed by the commission: PROVIDED, That if any such person shall become the owner of such stocks or bonds or become pecuniarily interested in such corporation otherwise than voluntarily, he shall within a reasonable time divest himself of such ownership or interest, and failing to do so his office or employment shall become vacant.[1961 c 14 § 80.01.020. Prior: 1949 c 117 § 2; Rem. Supp. 1949 § 10964-115-2. Formerly RCW 43.53.020 and 43.53.030.] RCW 80.01.030Commission to employ secretary and other assistants Secretary's duties Deputies.The commission shall appoint and employ a secretary and such accounting, engineering, expert and clerical assistants, and such other qualified assistants as may be necessary to carry on the administrative work of the commission. The secretary shall be the custodian of the commission's official seal, and shall keep full and accurate minutes of all transactions, proceedings and determinations of the commission and perform such other duties as may be required by the commission. The commission may deputize one or more of its assistants to perform, in the name of the commission, such duties of the commission as it deems expedient.[1961 c 14 § 80.01.030. Prior: 1949 c 117 § 4; 1934 c 267 §§ 2, 3, 5 and 6; Rem. Supp. 1949 § 10964-115-4 and Rem. Supp. 1945 §§ 10459-2, 10459-3, 10459-5, 10459-6; prior: compare prior laws as follows: 1955 c 340 § 7; 1951 c 260 § 1; 1949 c 117 §§ 1, 3, 8; 1945 c 267; 1935 c 8 § 1; 1921 c 7 §§ 25, 26; 1911 c 117. Formerly RCW 43.53.040.] RCW 80.01.040General powers and duties of commission.The utilities and transportation commission shall: (1) Exercise all the powers and perform all the duties prescribed therefor by this title and by Title 81 RCW, or by any other law. (2) Regulate in the public interest, as provided by the public service laws, the rates, services, facilities, and practices of all persons engaging in the transportation by whatever means of persons or property within this state for compensation, and related activities; including, but not limited to, air transportation companies, auto transportation companies, express companies, freight and freight line companies, motor freight companies, motor transportation agents, private car companies, railway companies, sleeping car companies, steamboat companies, street railway companies, toll bridge companies, storage warehousemen, and wharfingers and warehousemen. (3) Regulate in the public interest, as provided by the public service laws, the rates, services, facilities, and practices of all persons engaging within this state in the business of supplying any utility service or commodity to the public for compensation, and related activities; including, but not limited to, electrical companies, gas companies, irrigation companies, telecommunications companies, and water companies. (4) Make such rules and regulations as may be necessary to carry out its other powers and duties.[1985 c 450 § 10; 1961 c 14 § 80.01.040. Prior: (i) 1949 c 117 § 3; Rem. Supp. 1949 § 10964-115-3. (ii) 1945 c 267 § 5; Rem. Supp. 1945 § 10459-5. (iii) 1945 c 267 § 6; Rem. Supp. 1945 § 10459-6. Formerly RCW 43.53.050.]Notes:Severability -- Legislative review -- 1985 c 450: See RCW 80.36.900 and 80.36.901.Flaggers -- Safety standards: RCW 49.17.350. RCW 80.01.050Quorum Hearings Actions deemed those of the commission.A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission, and may hold hearings at any time or place within or without the state. Any investigation, inquiry, or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner or any employee designated and authorized by the commission as provided in RCW 80.01.060. All investigations, inquiries, and hearings of the commission, and all findings, orders, or decisions, made by a commissioner, when approved and confirmed by the commission and filed in its office, shall be and be deemed to be the orders or decisions of the commission.[1995 c 331 § 2; 1961 c 14 § 80.01.050. Prior: 1949 c 117 § 6; Rem. Supp. 1949 § 10964-115-6. Formerly RCW 43.53.060.] RCW 80.01.060Administrative law judges Powers Designated persons for emergency adjudications.(1) The commission may designate employees of the commission as hearing examiners, administrative law judges, and review judges when it deems such action necessary for its general administration. The designated employees have power to administer oaths, to issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and testimony, to examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules as the commission may adopt. (2) In general rate increase filings by a natural gas, electric, or telecommunications company, the designated employee may preside, but may not enter an initial order unless expressly agreed to in writing by the company making the filing. In all other cases, the designated employee may enter an initial order including findings of fact and conclusions of law in accordance with RCW 34.05.461(1)(a) and (c) and (3) through (9) or 34.05.485. RCW 34.05.461 (1)(b) and (2) do not apply to entry of orders under this section. The designated employee may not enter final orders, except that the commission may designate persons by rule to preside and enter final orders in emergency adjudications under RCW 34.05.479. (3) If the designated employee does not enter an initial order as provided in subsection (2) of this section, then a majority of the members of the commission who are to enter the final order must hear or review substantially all of the record submitted by any party.[1995 c 331 § 3; 1991 c 48 § 1; 1981 c 67 § 35; 1961 c 14 § 80.01.060. Prior: 1925 ex.s. c 164 § 1; RRS § 10779-1. Formerly RCW 43.53.070.]Notes:Effective dates -- Severability -- 1981 c 67: See notes following RCW 34.12.010. RCW 80.01.070Joint investigations, hearings, orders.The commission shall have full power to make joint or concurrent investigations, hold joint or concurrent hearings, and issue joint or concurrent orders in conjunction or concurrence with any official, board, or commission of any state or of the United States, whether in the holding of such investigations or hearings or in the making of such orders the commission functions under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce or as an agency of the federal government or otherwise. When necessary the commission may hold such joint hearing or investigation outside the state.[1961 c 14 § 80.01.070. Prior: 1949 c 117 § 7; Rem. Supp. 1949 § 10964-115-7. Formerly RCW 43.53.080.] RCW 80.01.080Public service revolving fund. *** CHANGE IN 2006 *** (SEE 2370-S.SL) ***There is created in the state treasury a public service revolving fund. Regulatory fees payable by all types of public service companies shall be deposited to the credit of the public service revolving fund. Except for expenses payable out of the pipeline safety account, all expense of operation of the Washington utilities and transportation commission shall be payable out of the public service revolving fund. During the 2003-2005 fiscal biennium, the legislature may transfer from the public service revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund.[2003 1st sp.s. c 25 § 940; 2002 c 371 § 924; 2001 c 238 § 8; 1961 c 14 § 80.01.080. Prior: 1949 c 117 § 11; Rem. Supp. 1949 § 10964-115-11. Formerly RCW 43.53.090.]Notes:Severability -- Effective date -- 2003 1st sp.s. c 25: See notes following RCW 19.28.351.Severability -- Effective date -- 2002 c 371: See notes following RCW 9.46.100.Intent -- Finding -- Effective date -- 2001 c 238: See notes following RCW 80.24.060. RCW 80.01.090Proceedings public records Seal.All proceedings of the commission and all documents and records in its possession shall be public records, and it shall adopt and use an official seal.[1998 c 245 § 163; 1987 c 505 § 77; 1977 c 75 § 91; 1961 c 14 § 80.01.090. Prior: 1949 c 117 § 5; Rem. Supp. 1949 § 10964-115-5. Formerly RCW 43.53.100.]
|
|
|
|
