Section 480-07-903 - Delegation of authority to the executive secretary(1)General provisions.(a) The working title of the secretary position authorized in RCW 80.01.030 is executive secretary.(b) The commission delegates authority to the executive secretary as set out in this section and WAC 480-07-904 and 480-07-905, pursuant to RCW 80.01.030 and subject to oversight and direction by a majority of the commissioners.(c) The commission may also delegate functions to the executive secretary by order.(d) When the executive secretary is absent or otherwise unavailable to perform authorized duties, the commission authorizes the executive secretary's designee to perform the duties on behalf of the executive secretary.(2)General delegation of authority. The commission authorizes the executive secretary to supervise the general administrative functions of the agency, including without limitation the following specific tasks. (a)Filings, correspondence, and documents. The executive secretary will sign commission documents to be filed with the code reviser, courts, or other agencies or governmental entities. The executive secretary will sign other official commission correspondence and filings that the commissioners do not sign. The executive secretary will sign all permits and other official commission documents unless the commission has delegated signing authority to other commission personnel.(b)Appointing authority. The executive secretary is the appointing authority for the commission and has authority over appointment, separation, and discipline of commission employees. This authority includes, but is not limited to, appointments, terminations, reductions in force, dismissals, suspensions, and demotions pursuant to WAC 356-30-007 and 356-34-011.(c)Grievance procedure. The commission authorizes the executive secretary to hear bargaining unit employee grievances and enter a final agency decision. The commission reserves the right to hear individual grievances or to select another designee to hear grievances on a case-by-case basis.(d)Rejection of defective filings. The executive secretary will sign orders or letters rejecting tariffs, contracts, applications, or other filings that do not comply with statutory requirements or commission rules regarding effective dates, required supporting documents, or other standards for a complete filing.(e)Penalty assessment challenges and mitigation. Unless the commission refers the matter to the administrative law division for hearing, the executive secretary will sign orders or letters: (i) Denying or sustaining, in whole or in part, challenges to penalties the director of the administrative law division has assessed on delegated authority from the commission pursuant to WAC 480-07-915; or(ii) Granting or denying, in whole or in part, mitigation of such penalties.(3)Deferral to the commissioners. The executive secretary may exercise discretion to defer any delegated matter to the commissioners for decision.Wash. Admin. Code § 480-07-903
Amended by WSR 18-18-041, Filed 8/29/2018, effective 9/29/2018Statutory Authority: 2006 c 246, RCW 80.01.040 and 80.04.160. 06-17-126 (Docket A-060357, General Order No. R-538), § 480-07-903, filed 8/21/06, effective 9/21/06.