NATL UTILITY CONTRACTORS ASSN WA CHAPTER: Alleged violation of RCW 42.17A.630 for failure to timely disclose Lobbyist Employer’s expenses for calendar year 2018 (Group Enforcement 2020)

Case

#64857

Respondent

NATL UTILITY CONTRACTORS ASSN WA CHAPTER

Complainant

PDC Staff

Description

This matter was heard remotely by the Washington State Public Disclosure Commission (Commission) on May 28, 2020, by telephonic and online streaming access. The National Utility Contractors Association, Washington Chapter (Respondent, NUCA), requested reconsideration of the Presiding Officer's Order issued on February 28, 2020, following a Brief Enforcement Hearing (Brief Adjudicative Proceeding in this matter. The hearing was held in accordance with Chapters 34.05 and 42.17A RCW, and Chapter 390-37 WAC.

Commissioners present both telephonically and online were David Ammons, Commission Chair (presiding); Russell Lehman, Commission Vice-Chair; and Commissioners William Downing, Fred Jarrett, and Nancy Isserlis. Also present both telephonically and online were Assistant Attorney General John S. Meader representing the Commission, Assistant Attorney General Chad Standifer representing PDC Staff, and Fox Blackhorn, PDC Compliance Coordinator 2, and Liz Truong on behalf of Respondent. The proceeding was open to the public as limited by Governor's Proclamation 20-28 et seq. and recorded.

I. Findings of Fact

The matter involved Respondent's request that the Commission reconsider a Final Order issued on March 9, 2020, resulting from an Initial Hearing on February 28, 2020, regarding NUCA, a lobbyist employer of a registered lobbyist during the 2018 calendar year. The Presiding Officer at the Brief Adjudicative Proceeding found NUCA in violation of RCW 42.17A.630 for failure to timely file a report of lobbying expenses (L-3 report) by February 28, 2019, as required, and imposed a civil penalty of $250. The basis of Respondent's Request for Reconsideration was that the PDC had seven-year-old contact information, the Respondent had a lack of knowledge of non-compliance, and when informed Respondent complied immediately.

PDC contact information for the NUCA was over seven-years-old and Respondent did not receive notice of the Initial Hearing. Respondent has updated its contact information and immediately complied with the 2018 reporting requirements.

II. Conclusions of Law

The Commission has jurisdiction over this proceeding pursuant to Chapter 42.17A RCW, the State campaign finance and disclosure law; Chapter 34.05 RCW, the Administrative procedure Act; and Title 390 WAC.

III. Order

As a result of Respondent's outdated contact information and its immediate compliance with reporting requirements when notified of the missing report, the Request for Reconsideration is GRANTED. This Amended Order will be the Final Order. The Findings of Fact, Conclusions of Law, and the civil penalty assessed at the February 28, 2020, hearing are VACATED.

SO ORDERED this 8th day of May, 2020.

Disposition

Dismissed by Commission

Date Opened

February 12, 2020

Areas of Law

RCW 42.17A.630